Prof. Alfonso-Luis Calvo Caravaca (University Carlos III of Madrid) and Prof. Javier Carrascosa González (University of Murcia) have recently published their latest work, devoted to tort conflicts: “Las obligaciones extracontractuales en derecho internacional privado. El Reglamento Roma II“ (Editorial Comares, May 2008). Despite its title, centered on the new EC Regulation on the law applicable [...]
It has been our book of the month for a few weeks now, but as yet we have not formally announced the publication of Professor Adrian Briggs‘ latest work, Agreements on Jurisdiction and Choice of Law (Oxford, OUP, 2008). So, here’s the blurb:
In this book, the author analyses the law and practice relating to [...]
Yesterday, the U.S. Supreme Court delivered its decision in Exxon v. Baker. The central issue of the case was whether an award of punitive damages of US$ 2.5 billion (as reduced by the lower courts from an initial award of US$ 5 billion) was excessive as a matter of maritime common law. The Court held [...]
The first issue of 2008’s Revue Critique de Droit International Privé has just been released. It contains three articles, but only one dealing with a conflict issue per se, the public law exception within the Brussels I Regulation after the Lechouritou case (”Les actes jure imperii et le Règlement Bruxelles I - A propos de [...]
We are pleased to announce the:
Journal of Private International Law Conference
The Rome I Regulation: New Choice of Law Rules in Contract
Friday 19th September 2008
Herbert Smith, Exchange House, London
The full programme, also set out below, can be found on our dedicated conference page. The speakers are all internationally recognised experts in the fields of private [...]
Another reference for a preliminary ruling on the Brussels II bis Regulation has been referred to the ECJ, this time by the Republic of Lithuania.
The Lithuanian court (Lietuvos Aukščiausiasis Teismas) has referred the following questions to the ECJ:
Can an interested party within the meaning of Article 21 of Council Regulation (EC) No 2201/2003 apply for [...]
The International Max Planck Research School for Maritime Affairs at the University of Hamburg will award for the period commencing 1 October 2008 six Ph.D. grants for a term of two years. The particular area of emphasis to be supported by this round of grants is the Implications of Climatic Changes in the Arctic.
Deadline for [...]
The recent case of Purple Echo Productions, Inc. v. KCTS Television, 2008 BCCA 85 (available here) addresses, at some length, the standard of proof required of jurisdictional facts.
I have recently co-written an article on a related topic - the standard of proof for jurisdiction clauses - in the Canadian Business Law Journal. See SGA Pitel [...]
New references for preliminary rulings on the interpretation of the Brussels I Regulation, the Brussels II bis Regulation and the Insolvency Regulation have been referred to the ECJ:
1. Reference on Brussels I Regulation
The Swedish Högsta Domstolen has referred the following question to the ECJ:
Is the exception in the Brussels I Regulation regarding insolvency, compositions and [...]
This interesting book on Conflict of Laws and Economic Regulation gathers the contributions of the speakers to a conference held in Paris a year ago. It is edited by three French scholars, Mathias Audit, Horatia Muir Watt (who was our Guest Editor last month) and Etienne Pataut, who all teach in Paris.
Here is how the [...]
Matteo M. Winkler, an Italian scholar and practising lawyer in Milan, has recently published an article on the Eurofood case in the Berkeley Journal of International Law: From Whipped Cream to Multibillion Euro Financial Collapse: The European Regulation on Transnational Insolvency in Action.
The author has kindly provided the following abstract:
Determining the most competent court for [...]
Conflicts scholars have been busy since my last round-up of published articles in February, so the time seems ripe for another list of potential material to add to your reading pile. The usual caveats apply: the list is limited to articles published in English, and even then is almost certainly not comprehensive. If you know [...]
Filed in Articles, Brussels I, Brussels II, Cases, Choice of law, Contract, Family, Jurisdiction, Legislation, Property, Recognition, Rome I, UK, USA
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Following our post on the agenda of the JHA session held in Luxembourg on 5-6 June 2008, a factsheet has been released by the Slovenian Presidency with the main results of the Council in the field of judicial cooperation in civil matters.
The first and most important achievement is the adoption of the Rome I Regulation [...]
Following our post on the first reference for a preliminary ruling on the Rome Convention on the law applicable to contractual obligations, the questions referred by the Dutch Supreme Court (Hoge Raad) have been published on the ECJ’s website.
The case, lodged on 2 April 2008, is pending under C-133/08, ICF (Intercontainer Interfrigo (ICF) SC v [...]
On 5 and 6 June the Justice and Home Affairs Council will hold its 2873rd session in Luxembourg, the last under the Slovenian Presidency. Among the “Justice” issues, scheduled for Friday 6th, the Council is expected to adopt the Rome I Regulation on the law applicable to contractual obligations (see the list of public deliberations; [...]
A law suit was filed in New York on June 3rd to challenge the decision of New York Governor to recognize same-sex unions.
It is argued that the Legislature was the sole branch of government which could have made such decision, and that the Governor, who is the executive power of the state of New York, [...]
During a recent round-up of Canadian publications dealing with the conflict of laws, I have found the following articles which some might find of interest:
- Robert Flannigan, “The Use of Foreign Forms to Circumvent Local Liability Rules” (2007) 44 Alta. L.R. 803-14
- Lily Ng, “Covenant Marriage and the Conflict of Laws” (2007) 44 Alta. L.R. [...]
On 21 May, the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters has been adopted.
As stated in its Article 1, the aim of the directive is
to facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced [...]
On June 21, 2008, Trinity College Dublin is hosting a conference on the Rome II regulation on the law applicable to non-contractual obligations. Full details are available here.
The conference will examine the regulation and its implications for the practice of tort law. TCD has put together a team of speakers that includes leading experts from [...]
On April 1st 2008, a first instance court of Lille (Northern France) set aside a marriage because the wife had concealed to her husband that she was not a virgin.
The husband found out on July 8th, 2006, that is the night of the wedding. Contrary to what she had told him, the wife was not [...]
