Category Archives: Conflict of Laws

William Day, ‘Applicable Law and Arbitration Agreements’

“In Enka Insaat ve Sanayi AS v OOO ‘Insurance Company Chubb’ [2020] UKSC 38 the Supreme Court considered what law applies to arbitration agreements. The claim concerned a fire at a power plant in Russia. Chubb, the insurer, paid out to the owner, subrogated to its rights, and brought a claim in the Moscow court […]

Burkhard Hess, ‘Reforming the Brussels Ibis Regulation: Perspectives and Prospects’

ABSTRACT According to article 79 of Regulation (EU) 1215/2012, the EU Commission shall present a report on the application of the Brussels Ibis Regulation by 11 January 2022. This paper intends to open the discussion about the present state of affairs and the necessary adjustments of the Regulation. Although there is no need to change […]

‘The First Postgraduate Law Conference of the Centre for Private International Law – University of Aberdeen’

“The Centre for Private International Law (CPIL) of the University of Aberdeen is pleased to host its first postgraduate conference, which is to be held on 17 November 2021. The Postgraduate Law Conference aims at bringing together early career scholars working in the private international law field or at the intersection of European Union law […]

Biard and Kramer, ‘The EU Directive on Representative Actions for Consumers: A Milestone or Another Missed Opportunity?’

ABSTRACT Collective redress has been on the EU civil justice agenda for a long time, and has triggered considerable debate as a result of the complexity of the matter and the hugely diverging approaches in the Member States. The 2013 Recommendation on collective redress was the result of compromises, and up until now it has […]

Alison Xu, ‘A New Solution Concerning Choice-Of-Law For The Assignment Of Debts’

ABSTRACT This article explores a solution to the choice-of-law issues concerning both voluntary and involuntary assignments arising in a domestic forum. The focus is on English private international law rules relating to cross-border assignments. A distinction is made between primary and extended parties as the foundation for choice-of-law analysis. Drawing on insights from the distinction […]

Tracy Hester, ‘Transnational Liability in US Courts for Environmental Harms Abroad’

ABSTRACT Modern energy and natural resource development has always been, at heart, a global enterprise. Energy companies and developers, by necessity, frequently work in far-flung locations scattered among nations with vastly different legal systems and environmental regulatory systems. If one of their operations causes spills or releases that injure the local environment, they can quickly […]

Marketa Trimble, ‘The Public Policy Exception and International Intellectual Property Law’

ABSTRACT Public international law affects private international law (conflict of laws) in a myriad of ways. This article discusses potential effects of international intellectual property (‘IP’) law on the application of the public policy exception, which is used as a limitation on the application of foreign law and on the recognition and enforcement of foreign […]

‘Out Now: Gömann on the Internal Conflict-of-Laws Regime of the GDPR’

“Since 2016, the European General Data Protection Regulation has been one of the most popular topics of discussion, academic and otherwise. While the PIL discussion has mostly focused on the unilateral conflicts rule in Article 3 of the Regulation, which defines its ‘external’ scope of application, some scholars – like Martina Mantovani on this blog […]

‘CJEU on Article 8 Rome I’

“The Court of Justice delivered yesterday (15 July 2021) its decision in joined Cases C‑152/20 and C‑218/20 (DG, EH v SC Gruber Logistics SRL (C‑152/20), and Sindicatul Lucrătorilor din Transporturi, DT v SC Samidani Trans SRL (C‑218/20)), which is about the law applicable to employment contracts …” (more) [Emmanuel Guinchard, European Civil Justice, 16 July]

‘Commission recommends for EU to join Hague Judgments Convention’

“According to a press release, the EU Commission has proposed for the EU to join the 2019 Hague Judgments Convention. So far, the Convention has been signed, but not yet ratified, by three states (Israel, Ukraine, Uruguay). The full statement reads as follows …” (more) [Tobias Lutzi, Conflict of Laws .net, 16 July]