Category Archives: Conflict of Laws

Luke Meier, ‘Simplifying Choice of Law Interest Analysis’

ABSTRACT Modern choice of law doctrine invites judges to consider the interests that states have in applying their law to a dispute. But modern choice of law doctrine has never provided judges with a rubric by which to conduct this interest analysis. This trend continues in the proposed draft of the Restatement (Third) of Conflicts […]

‘Forum Selection Clauses and Cruise Ship Contracts’

“On August 19, 2021, the US Court of Appeals for the Eleventh Circuit issued its latest decision on foreign forum selection clauses in cruise ship contracts. The case was Turner v Costa Crociere SPA. The plaintiff was an American cruise ship passenger, Paul Turner, who brought a class action in federal district court in Florida […]

Marcus Teo, ‘A Negotiation-Based Choice Of Law Rule For Contract Formation’

“The formation of international contracts is one of those issues which earns the conflict of laws its reputation for convolution. Common law courts remain fixated on two choices of the applicable law for formation issues—the putative proper law or the lex fori – despite those choices having long been criticised for perpetuating logical circularity and […]

‘Tort Choice of Law Rules in Cross-border Multi-party Litigation under European and Chinese Private International Law’

“This blog post is part of the article ‘Tort Conflicts Rules in Cross-border Multi-party Litigation: Which Law Has a Closer or the Closest Connection?’ published by the Maastricht Journal of European and Comparative Law with open access. A related previous post is ‘Personal Injury and Article 4(3) of Rome II Regulation’, available here. This article […]

Zhen Chen, ‘Tort conflicts rules in cross-border multi-party litigation: Which law has a closer or the closest connection?’

ABSTRACT This article compares Owen v Galgey under Article 4 Rome II Regulation and YANG Shuying v British Carnival Cruise under Article 44 Chinese Conflicts Act in the context of cross-border multi-party litigation on tort liability. The questions raised in these two cases include how to interpret the tort conflicts rules of lex loci delicti, […]

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 […]