Category Archives: Conflict of Laws

‘Forward to the Past: A Critical Note on the European Parliament’s Approach to Artificial Intelligence in Private International Law’

“On 20 October 2020, the European Parliament adopted – with a large margin – a resolution with recommendations to the Commission on a civil liability regime for artificial intelligence (AI). The text of this resolution is available here; on other issues of AI that are part of a larger regulatory package, see the Parliament’s press […]

‘Global Perspectives on Responsible Artificial Intelligence’

“In June 2020, the Freiburg Institute for Advanced Studies (FRIAS) held an online symposium dealing with ‘Global Perspectives on Responsible Artificial Intelligence (AI)’. The range of topics included the implications of AI for European private law (Christiane Wendehorst, ELI/University of Vienna), data protection (Boris Paal, Freiburg), corporate law (Jan Lieder, Freiburg) …” (more) [Jan von […]

Tanya Monestier, ‘Damages For Breach Of A Forum Selection Clause’

ABSTRACT Forum selection clauses are a common feature in both commercial and consumer contracts. We speak of a party breaching a forum selection clause when he sues in a forum other than the one designated in the clause. Yet, despite the so-called ‘breach’ the innocent party is rarely awarded damages for breach of contract. Why […]

‘Universal Civil Jurisdiction – Which Way Forward?’

“Serena Forlati and Pietro Franzina edited a book on the Universal Civil Jurisdiction, which was published by Brill a couple of days ago. The book features contributions prepared by colleagues from four different European countries and eight universities. The contributions included are the following …” (more) [Apostolos Anthimos, Conflict of Laws .net, 17 October]

Luís de Lima Pinheiro, ‘Choice-of-Law Justice’

ABSTRACT This essay is devoted to the justice of the Choice-of-Law system. Justice materializes in values and principles. It begins with a characterization of conflictual justice, namely its formal, substantive or mixed character, and the question about the extent in which it is justified to favor substantive results. This is followed by an examination of […]

‘UK Supreme Court on law applicable to arbitration agreements’

“On Friday, October 9, 2020, the United Kingdom Supreme Court released an interesting decision concerning the applicable law governing arbitration agreements in international contracts and the jurisdiction of the courts of the seat of the arbitration to grant anti-suit injunctions. The case is Enka Insaat Ve Sanayi AS v 000 Insurance Company Chubb [2020] UKSC […]

John Coyle, ‘Cruise Contracts, Public Policy, and Foreign Forum Selection Clauses’

ABSTRACT This Essay critiques the analytical framework used by the US Court of Appeals for the Eleventh Circuit to determine when to enforce foreign forum selection clauses in cruise ship passenger contracts. In Estate of Myhra v Royal Caribbean Cruises, Ltd, the Eleventh Circuit held that such clauses should be enforced even when the foreign […]

‘Update: HCCH 2019 Judgments Convention Repository’

“In preparation of the Video Roundtable by the University of Bonn and the HCCH on 29 October 2020, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please email us if you miss something in it, we will update immediately …” (more) [Matthias Weller, Conflict of Laws .net, 26 September]

Hugh Beale, ‘Transnational Contract Law: Lando’s Contribution and the Way Forward’

ABSTRACT The lecture outlines how Lando’s thinking progressed, beginning with Private International Law and moving through the harmonization of European Law to, in the later part of his career, the idea of a Global Code. It considers the extent and form of harmonization that has taken place to date, and then the changes that are […]

Kurt Siehr, ‘Mandatory Rules of Third States From Ole Lando to Contemporary European Private International’

ABSTRACT On 18 October 2016 the European Court of Justice, in the case Greece v Nikiforidis, decided: ‘Article 9 (3) of the Regulation No 503/2008 on the law applicable to contractual obligations must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the […]