Category Archives: Conflict of Laws

‘Copyright – Performing Right Society Ltd v Qatar Airways Group QCS

“This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those […]

‘Jurisdiction in relation to hostile trust litigation’

“In Ivanishvili, Bidzina v Credit Suisse Trust Ltd [2020] SGCA 62, the Singapore Court of Appeal considered a number of issues: (1) whether a plaintiff could amend its Statement of Claim at the appellate stage to tilt the balance of connecting factors towards Singapore; (2) whether a clause in the trust deed identifying Singapore as […]

Private International Law Online. Internet Regulation and Civil Liability in the EU: A new volume by Tobias Lutzi’

“A comprehensive and innovative volume by Tobias Lutzi was recently released providing a dedicated analysis of the EU private international law framework as it applies to online activities and to the civil liability arising therefrom. The volume is a welcome addition to Oxford University Press’s already thriving ‘Oxford Private International Law Series’ …” (more) [Cristina […]

Carlos Manuel Vazquez, ‘Extraterritoriality as Choice of Law’

ABSTRACT The proper treatment of provisions that specify the extraterritorial scope of statutes has long been a matter of controversy in Conflict of Laws scholarship. This issue is a matter of considerable contemporary interest because the Third Restatement of Conflict of Laws proposes to address such provisions in a way that diverges from how they […]

Sharon Shakargy, ‘Choice of Law for Surrogacy Agreements: In The In-Between of Status and Contract’

ABSTRACT Surrogacy agreements regulate various matters, including parentage, consent to medical procedures, the performance of a very personal service, and monetary compensation. All these questions, which jointly structure the surrogacy, are bundled up together, separated only by extremely fine lines. Collectively, they comprise the basis upon which local and transnational surrogacies are executed. Legislators world-wide […]

‘Humboldt-University Berlin: PhD fellowship in private (international) law’

“The Graduate Programm ‘Dynamic Integration’ at the Faculty of Law of Humboldt-University Berlin offers a PhD fellowship in private (international) law. The fellowship is (generously) funded by the German Research Foundation (Deutsche Forschungsgemeinschaft). In addition, Humboldt-University offers an outstanding research environment …” (more) [Giesela Ruehl, Conflict of Laws .net, 2 July]

Brilmayer and Listwa, ‘A Common Law of Choice of Law’

ABSTRACT … This Essay offers a means of modernizing the modernists and rescuing the Restatement (Third) in the process. The key insight is to recognize that judicial creativity and attention to the facilitation of a workable system of choice of law is fully consistent with realism. Moreover, the principle of legislative supremacy is better protected […]

Lucas Clover Alcolea, ‘The 2019 Hague Judgments Convention and the New York Convention: Rivals, Alternatives or Something Else?’

ABSTRACT The 2019 Hague Judgments Convention is the culmination of almost 50 years of work in this area by the Hague Conference on Private International Law (HCCH) and is heralded by some as the litigation equivalent to the New York Convention enabling harmonised recognition and enforcement of judgments throughout the globe. The aim of this […]

‘Opinion of AG Szpunar in the case of Ellmes Property Services, C-433/19, on Article 24(1) and Article 7(1)(a) of the Brussels I bis Regulation’

“Today, AG Szpunar delivered his Opinion in the case of Ellmes Property Services, C-433/19, on the interpretation of Article 24(1) and Article 7(1)(a) of the Brussels I bis Regulation. This case arose from the following facts: Both parties are co-owners of a house situated in Zell am See, Austria. The applicant, who is the owner […]

‘Justice Andrew Bell opines on arbitration and choice of court agreements’

“Andrew Bell is a leader of private international law in Australia. His scholarly work includes Forum Shopping and Venue in Transnational Litigation (Oxford Private International Law Series, 2003) and several editions of Nygh’s Conflict of Laws in Australia (see LexisNexis, 10th ed, 2019). As a leading silk, he was counsel on many of Australia’s leading […]