Category Archives: Conflict of Laws
Frank Pham, ‘Comparative Law of Cross-Border Patent Infringement: A Jurisprudential Analysis of the United States and Japan’
ABSTRACT Historically, patent enforcement relied on the strict principle of territoriality, a doctrine that is increasingly destabilized by distributed networks, cloud computing, and the placement of servers overseas. This research provides a comprehensive comparative analysis of how the United States and Japan address the jurisprudential challenges of cross-border patent infringement and divided multi-actor infringement within […]
Gerhard Wagner, ‘Procedural Agreements: A Normative Framework’
ABSTRACT The paper addresses the essential questions of agreements on questions of procedure, ie their classification as procedural or substantive and their admissibility under the applicable law of civil procedure. Procedural agreements touch upon the public interest, challenge the self-conception of public courts and raise concerns with a view to the protection of weaker parties. […]
Call for Papers: ‘Crises in Private International Law’: 6th Early Career Researchers´ Conference, Munich, 9-10 April 2027
We welcome contributions on conflict-of-laws and international civil procedural law at the national, European, and international levels. The conference language is German; however, we also welcome warmly presentations in English … (more)
Adriani Dori, ‘The Methodological Influence of European Private International Law on Domestic Legal Systems: A Downstream Analysis’
ABSTRACT The European Area of Freedom, Security and Justice (AFSJ) is the key factor for the smooth operation of the Internal Market, aimed at ensuring the free movement of people, goods, and services within the EU while maintaining security and justice for more than 450m market participants. Private International Law (PIL) plays a significant role […]
Shashwat Pathak, ‘Private Law Challenges of AI-Generated Content in Cross-Border Digital Markets’
ABSTRACT When an AI system trained on copyrighted data in the United States, deployed by an Indian user, and hosted on a Chinese platform generates a deepfake that defames a French citizen, which jurisdiction’s law governs the liability? This paper argues that the answer is currently ‘none’. The rapid proliferation of AI-generated content (AIGC) has […]
Niles-Weed and Sitkoff, ‘It’s 10 PM, Do You Know Where Your Trust Is Sited?’
ABSTRACT There is broad consensus that the law of conflict of trust laws is outdated. Both the American Law Institute and the Uniform Law Commission have initiated reform projects to address this obsolescence. But there is no consensus around what went wrong or how to fix it. This Chapter, prepared for the 2026 Heckerling Institute […]
Roxana Banu, ‘Constructing Imperial Authority: The Intersection of British Imperial Constitutional Law and Private International Law’
ABSTRACT Historians and constitutional law scholars are starting to uncover the imperial dimensions of the British constitution. But our accounts of the nature of authority in the British imperial context remain incomplete without an engagement with private international law, which played a significant role in conceptualising imperial authority. This article focuses on the forgotten interplay […]
Anthony Casey, ‘The Lure of English Proceedings: Forum Selection from the United States to England’
ABSTRACT This chapter explores the possibility of United States operating companies choosing to initiate insolvency proceedings in England to bypass the rules of Chapter 11. Having done so, the company would then seek – and likely receive – a recognition and enforcement order in the United States through Chapter 15 of the Bankruptcy Code. The […]
‘Damages, Doctrine, and the Remedial Life of Forum Selection Clauses’
John Coyle and Tanya Monestier, ‘Limits on Damages for Breach of a Forum Selection Clause’ (25 September 25, 2025), available at SSRN. Forum selection clauses are so familiar that they rarely invite fresh questions. Courts mostly enforce them after lawyers litigate motions to dismiss or transfer, and the parties move on. One remedial question, however, […]
Rzewuski and Rzewuska, ‘The public policy exception as grounds for refusing to recognize or enforce foreign court judgments in succession cases’
ABSTRACT The number of cross-border civil proceedings is on the rise and is likely to increase in the future. The above also applies to succession law regulating the statutory order of succession. Therefore, national courts adjudicating a succession case have to be familiar with and respect foreign laws indicated by the appropriate conflict-of-law rule. Significant […]