Category Archives: Conflict of Laws
Ardavan Arzandeh, ‘Interpreting Multiple Dispute-Resolution Clauses in Cross-Border Contracts’
ABSTRACT Cross-border contracts often contain a clause which purports to reflect the parties’ intention regarding how disputes arising from their agreement should be resolved. Some such contracts might feature a ‘jurisdiction clause’, thus signifying the parties’ wish to subject their disputes to litigation before the courts in a specific state. Others may include an ‘arbitration […]
‘Reciprocity and the Hague Judgments Convention’
In a prior post, I reported on recent developments that offer a basis for (cautious) optimism that the United States may soon take the necessary steps to ratify the Hague Judgments Convention (HJC). In this post, I explore how the issue of reciprocity might affect the ratification process … (more) [John F Coyle, Transnational Litgation […]
‘“He’s Dead, Jim” or Not?’
Alyssa A DiRusso, ‘Life and Death Matters in Conflict of Laws’, 97 Tulane Law Review 703 (2023). How does one define death, and to what extent can we confidently say someone is dead enough? The answer to this question varies among our jurisdictions. Before initiating the administration of a deceased person’s estate, the primary question […]
Csongor István Nagy, ‘Private International Law: A Hungarian Perspective’
ABSTRACT This book provides a concise and analytical introduction to private international law in Hungary: international jurisdiction of courts, choice of law (applicable law) and the recognition and enforcement of foreign judicial decisions. It presents both Hungarian conflicts rules and their judicial practice and the application of EU conflicts rules by Hungarian courts. In the […]
Anne-Grace Kleczewski, ‘The Good, the Bad and the Ugly: The Private International Law, the Crypto Transactions and the Pseudonyms’
ABSTRACT Private International Law (PIL) is expected to provide answers to questions that condition the very possibility of effectively extending law enforcement into the realm of blockchain-based transactions. A prerequisite thereto is determining the applicable law and the competent authorities. To identify the applicable law, it is thus necessary to refer to conflict-of-law rules. However, […]
Amy Held, ‘The modern property situationship: Is bitcoin better off (left) alone?’
ABSTRACT In modern private international law (PIL), property and situs apparently go hand in hand in an established PIL monogamy to which there tends to be a collective commitment for all PIL aspects of a cross-border dispute for all PIL subcategories of property objects. This article argues that mechanistic deference to such apparent property-situs monogamy […]
Adrian Briggs, ‘The Hague Judgments Convention 2019’
INTRODUCTION The Hague Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2019 will come into force for the United Kingdom on 1 July 2025. It will represent the principal means for the mutual recognition of judgments between the United Kingdom and the European Union (and any other states adopting it), […]
Linda Silberman, ‘Two Examples of the Counter-Revolution in US Private International Law (Torts and Party Autonomy in Contracts) – From Standards to Rules’
ABSTRACT These two articles – one on tort conflicts and one on party autonomy in contracts – are updates of two earlier lectures from my summer 2021 Hague Academy General Course Lectures that were delivered remotely and asynchronously during that summer. Since that time, new drafts of the Torts and Party Autonomy provisions of the […]
Emmanuel Sani, ‘International Contractual Obligations and the Limits of Parties Autonomy in their Choice of Jurisdiction and the Applicable Law’
ABSTRACT The courts in Nigeria recognises the freedom of parties to contract, which is hinged on the principle of party autonomy. It presupposes that parties to an international contract are at liberty choose the law to govern their contract, and also select the forum or jurisdiction where any dispute that arises from the contract will […]
SI Strong, ‘Conflict of Laws and Trust Arbitration: Which Law Controls the Availability and Scope of Arbitration?’
ABSTRACT Trust arbitration-meaning the arbitration of disputes ‘internal’ to the trust pursuant to an arbitration provision found in the trust itself is becoming increasingly popular around the world. However, laws authorizing such procedures can vary significantly across jurisdictional lines, giving rise to a variety of conflict of laws concerns. Perhaps the most challenging issue involves […]