Category Archives: Conflict of Laws

Yasmin Salama, ‘Obtaining Damages for Corporate Human Rights Violations in Investment Arbitration’

ABSTRACT Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International investment law protects and safeguards the rights of foreign investors but falls short of holding […]

‘Conflicting Views of the Restatement (Third) of Conflict of Laws’

“The American Law Institute is currently drafting the Restatement (Third) of Conflict of Laws. Lea Brilmayer (an eminent scholar of conflict of laws and a professor at Yale Law School) and Kim Roosevelt (the Reporter for the Restatement (Third) and a professor at the University of Pennsylvania Carey Law School) recently engaged in a spirited […]

‘Seminar on Rights In Rem – Tarragona, 10-11 November 2022’

“The Rovira i Virgili University (Tarragona), University of Barcelona and University of Lleida organise the First International Seminar on Rights In Rem in the European Union: General Aspects and International Jurisdiction. The seminar seeks to define the concept of rights in rem in the framework of European private international law and comparative law, and to […]

‘Call for Papers: German Conference for Young Scholars in Private International Law 2023’

“The fourth German Conference for Young Scholars in Private International Law, held on site at the Sigmund Freud University in Vienna on 23 and 24 February 2023, has issued a call for papers. Proposals are invited for conference presentations (20 min; to be published) and short presentations (5-10 min; non-published). Furthermore, the organizers proudly announced […]

‘Cross Border Injunctions after Brexit’

“In Broad Idea International Ltd v Convoy Collateral Limited [2022] 1 AER 289 (Privy Council) (Broad Idea) Mareva relief had been granted in the High Court in BVI against a BVI company, Broad Idea, in respect of shares consisting of a minority interest (18.85%) in a Bermuda exempted company quoted on the Hong Kong stock […]

‘A Theory-Less Restatement for Conflict of Laws’

“For the first time in over half a century, the American Law Institute (‘ALI’) is drafting a new Restatement of Conflict of Laws. The world has changed a great deal since 1971 when the Restatement (Second) was published, growing far more interconnected – so the idea of a new Restatement, taking into account the last […]

‘The Chinese Court Recognizes an English Commercial Judgment for the First Time’

“On 17 March 2022, Shanghai Maritime Court of PRC issued a ruling of recognizing and enforcing a commercial judgment made by the English High Court, with the approval of Supreme People’s Court (‘SPC’). This is the first time that Chinese court recognizes an English commercial judgment based on the principle of reciprocity, which is undoubtfully […]

‘The Comparative Value of Choice of Law and Forum Selection Clauses’

“Choice-of-law clauses and forum selection clauses routinely come before courts hearing transnational cases. A choice-of-law clause selects a law to govern the contract. A forum selection clause chooses a court in which to resolve disputes. These differences notwithstanding, the two clauses are often discussed in the same breath. Leading casebooks on conflict of laws examine […]

‘Conflict of Laws of Freedom of Speech on Elon Musk’s Twitter’

“Elon Musk’s purchase of Twitter has been a divisive event. Commenting on the response on Twitter and elsewhere, Musk tweeted: ‘The extreme antibody reaction from those who fear free speech says it all. By “free speech”, I simply mean that which matches the law. I am against censorship that goes far beyond the law. If […]

Susanna Lindroos-Hovinheimo, ‘Jurisdiction and personality rights – in which Member State should harmful online content be assessed?’

“Legal responses to online infringements are complex for many reasons. Law is put into action in courts, most of which are national. The territorial boundaries of their jurisdiction are ill-suited to deal with the borderless nature of the internet. This article concentrates on the difficulties of deciding jurisdiction when harm happens online. Specifically, it deals […]