Thursday, September 4, 2008
The third issue of French Journal du Droit International (also known as Clunet) was just released. It contains two articles dealing with conflict issues.
In the first, Pierre Berlioz, who lectures at Paris I (Panthéon-Sorbonne) University, seeks to define the notion of provision of services for the purpose of article 5-1 b) of the Brussels I [...]
Are French courts willing to review arbitral awards on the ground that arbitrators violated European antitrust laws? As a matter of principle, French courts are extremely reluctant to review arbitral awards on the merits. In theory, an exception remains when the award violates French international public policy, but actual instances where French courts have found [...]
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 [...]
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 [...]
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 [...]
Today, the ECJ delivered the judgment in case C-462/06 (Laboratoires Glaxosmithkline) dealing with the interpretation of Art. 6 point 1 and Section 5 of Chapter II of the Brussels I Regulation. The French Cour de Cassation had referred the following question to the ECJ for a preliminary ruling:
Does the rule of special jurisdiction stated in [...]
Centre du droit de l`enterprise at Université Robert Schuman (URS) organizes on 17 June 2008, at Maison Interuniversitaire des Sciences de l’Homme-Alsace (MISHA) (5 allée du Général Rouvillois, Strasbourg), a comparative law day with several private international law related topics on the agenda. The scope of the comparative law day is marked in its title: [...]
Following our post on the release of the final text of the Rome I Regulation, an internal document by the General Secretariat of the Council to the Permanent Representatives Committee (COREPER) confirms that the new Regulation will be soon adopted by the Council (doc. n. 7689/08 of 7 April 2008):
5. The Permanent Representatives Committee is [...]
Christelle Chalas is a lecturer at Paris VIII Faculty of Law and the author of a book on Discretionary Exercise of Jurisdiction in Private International Law (in French).
As a moth is drawn to the light, so is a litigant to the United-States. If he can only get his case into their court, he stands to [...]
Patrick Wautelet is a professor of law at the University of Liège (Belgium) and a specialist of private international law.
The Flashairlines ruling of the Court of Appeals is a prime example of cross-border cooperation between courts and as such deserves to be commended. I will not comment on the holding of the Court as to [...]
Emmanuel Jeuland is a professor of law at Paris I University (Panthéon-Sorbonne) and a specialist of civil procedure.
In this post, I would like to offer some brief thoughts on the Paris Court of appeal’s judgment of the 6th of March 2008. It is my opinion that the legal foundation of the judgement as far [...]
In a recent post, I reported how the Paris Court of appeal accepted to decline jurisdiction in order to meet the jurisdictional criteria of a U.S. court and enable plaintiffs, most of whom were French, to get back to California and resume proceedings there.
The Flashairlines litigation raises many fascinating issues. Here are just a few [...]
On March 6th 2008, the Paris Court of Appeal agreed to decline jurisdiction in order to enable the plaintiffs to go back to California and resume the proceedings that they had initiated there. The U.S. Court had (almost) declined jurisdiction on the ground of forum non conveniens, but had fortunately made its decision conditional upon [...]
On March 5, 2008, the French supreme court for private matters (Cour de cassation) confirmed its previous case law characterizing exclusive distribution agreements as contracts which are neither sales nor provisions of services for the purposes of article 5(1) of the Brussels I Regulation.
In this case, German company Wolman had awarded French company Cecil the [...]
The first issue of French Journal du Droit International (also known as Clunet) will be released shortly. It contains four articles dealing with conflict issues.
The first is authored by Pascal de Vareilles-Sommieres, who teaches at Paris I University, and Anwar Fekini, who is a practising lawyer in Paris and Tripoli. It discusses The New International [...]
The last issue of Revue Critique de Droit International Privé for 2007 was just released. It contains two articles dealing with conflict issues.
The first is authored by Fabien Marchadier who lectures at the Law Faculty of Limoges University. It discusses the Contribution of the European Court of Human Rights to the Efficacy of the Hague [...]
Can attachments reach foreign bank accounts? For the French, the answer had always been clearly negative, until the French supreme court for private matters (Cour de cassation) held in a judgment of 14 February 2008 that a French attachment could reach a bank account in Monte Carlo.
In this case, a creditor had carried out [...]
A new addition to the Hart Publishing private international law catalogue for 2008 is Forum Shopping in the European Judicial Area, a collection of essays by English and French scholars, edited by Pascal de Vareilles-Sommières (Université Paris 1 Panthéon Sorbonne). Here’s the blurb:
One of the issues left untouched by the Brussels Convention of 27 [...]
For long, scholars interested in the French conflict of laws had to refer to a few traditional books, in particular the treaty of Batiffol and Lagarde (8th edition 1993), but also the manuals of Loussouarn and Bourel (9th edition 2007, with professor Pascal de Vareilles-Sommières), of Pierre Mayer (9th edition 2007, with professor Vincent Heuzé), [...]
