Category Archives: Conflict of Laws
‘Debunking the Seventeenth-Century “Roots” of Forum Non Conveniens’
Courts and commentators will sometimes assert that forum non conveniens is an ‘ancient common law doctrine’ that has ‘deep roots’ tracing back to the 1600s. As I recount in a forthcoming book chapter, those assertions all appear to trace back to a 1947 law review article and the three Scottish cases on which the author […]
Mary Keyes, ‘Changing Australian private international law’
ABSTRACT Until recently, Australian private international law closely resembled the classical English law on which it was based. Since the late 1980s, a number of changes, including the growing independence of Australian from English law, a substantial increase in the volume of cross-border litigation coming before the Australian courts, and the dominance of jurisdiction, have […]
‘What has long arms and lives in Switzerland? The cross-border injunction club gains a new member’
One and a half years after the CJEU’s BSH v Electrolux decision (C-339/22, Katpost here), patent litigation in Europe looks very different. To recall the fundamental finding of this decision, the CJEU confirmed that a court that has jurisdiction under Article 4(1) of the Brussels Regulation (recast) regarding the infringement of a foreign patent does […]
Nazmul Hasan, ‘Quantum and Damages in International Commercial Arbitration: Causation, Valuation, Lost Profits and the Limits of Expert Evidence’
ABSTRACT Damages are often the point at which international commercial arbitration moves from legal principle to economic consequence. Yet quantum is frequently treated as a technical appendix to liability rather than as a distinct adjudicative exercise governed by causation, remoteness, certainty, mitigation and the compensatory principle. This article develops an integrated framework for assessing quantum […]
‘German Court Decides US Copyright Claims’
The training of artificial intelligence (‘AI’) models on copyrighted works, such as books, articles, and songs, has produced disputes about the legality of the use of the works for such a purpose if the training occurs without permission or a license from the copyright owners. Copyright owners and their representatives have now sued AI companies […]
Davronbek Abdugaffarov, ‘Implied Duties of Care and Deployer Liability for Breach in Contracts Concluded by Autonomous AI Agents’
ABSTRACT This article completes a trilogy, with two companion studies, examining how private international law should respond to cross-border contracts negotiated and concluded entirely by autonomous AI agents. Having established that such contracts admit no choice of law and, for their contractspecific jurisdictional basis, no choice of forum because both doctrines require a bilateral manifestation […]
Radu Bogdan Bobei, ‘The interpretation of transnational law: an approach’
ABSTRACT Transnational law and its areas should not and cannot be treated in isolation, or at least not in absolute isolation, from public international law and the technique of conflict of laws. The concept of interpretation connects the above-mentioned three disciplines, both through process and through concept. This article explores how interpretation, through the so-called […]
Nicole Štýbnarová, ‘Economic Dimensions of International Regulation of Marriage’
ABSTRACT This Article examines how the regulation of, and legal argumentation about, transnational marriages fulfill economic functions. It takes as its point of departure contemporary legal frameworks governing marriages with a transnational element in Northwestern Europe, including private international law (conflicts of laws), migration law, and human rights law. It shows that lawmakers and judges […]
Veerle Van Den Eeckhout, ‘Adapting PIL in an Era of Uncertainty. Uncertain Times, Unequal Burdens: Rethinking Protection for Weaker Parties’
ABSTRACT For some years now, a breath of fresh air seems to have been sweeping through Private International Law. The field of PIL and research within PIL is gaining new momentum, with discussions about the future of PIL sometimes abandoning the classical paradigm of PIL’s value neutrality, attributing value-laden objectives to PIL, and giving greater […]
Paul Davies, ‘Parent Company Liability in the UK: Corporate Law, Tort and Private International Law’
ABSTRACT Applying the linked doctrines of separate legal personality and limited liability within corporate groups has long been a controversial issue in many legal systems. In contrast, their application between free-standing companies and their shareholders can be defended on a number of grounds, which, although not accepted by all commentators, have satisfied the law-makers in […]