Category Archives: Conflict of Laws
‘Extending the Brussels Ia Regulation to Third State Defendants: a Gift from the EU to London’s Litigation Market?’
Businesses, lawyers, and courts appreciate simpler rules, especially for cross-border litigation. But a simpler rulebook is not necessarily a better bargain. The European Commission’s current consultation on potentially reforming the Brussels Ia Regulation includes a particularly consequential question: should the European Union (EU) jurisdiction rules extend generally to defendants domiciled outside the EU? As I […]
Alan Koh, ‘Do Directors Owe a Duty to Ensure Corporate Compliance with (Foreign) Law?’
ABSTRACT Four leading corporate-law jurisdictions, the US state of Delaware, England, Australia and Japan, recognise some form of ‘corporate compliance duty’ requiring company directors to facilitate corporate compliance with domestic law, the breach of which may result in personal civil liability to the company. However, they differ in how the duty responds to corporate non-compliance […]
Jani McCutcheon, ‘Are AI Models Infringing Imported “Articles” Under Copyright Law?’
ABSTRACT In this article I consider whether a generative AI (‘GenAI’) model could be an infringing imported article under the secondary infringement provisions of the Australian Copyright Act 1968 (Cth) (‘Copyright Act’). Australian copyright owners have joined the global challenge to the widespread scraping of copyright works in the development and training of GenAI models. […]
Marco Pasqua, ‘Towards a SLAPP-Aware EU Private International Law Framework?’
ABSTRACT Strategic lawsuits against public participation (SLAPPs) raise distinctive challenges for European Union private international law. While the Anti-SLAPP Directive establishes a common procedural framework for addressing abusive litigation, it does not provide a comprehensive response to the private international law questions that arise when SLAPPs cross borders. This article examines those questions across three […]
Cayetana Santaolalla, ‘Does a Statutory Trust Travel? Sterling Stablecoins, Safeguarding and the Conflict of Laws’
ABSTRACT In June 2026 the Bank of England published a draft Code of Practice for sterling-denominated systemic stablecoin issuers. The Code protects coinholders by imposing two statutory trusts over the backing assets and the reserves. The protection works in English law. It stops at the border, and the Code could have carried it further. The […]
‘Without Regard to Principles of Conflict of Laws’
“The phrase ‘without regard to principles of conflict of laws” appears at the end of many choice-of-law clauses: ‘This Agreement shall be governed by the laws of the United Kingdom without regard to its principles of conflict of law’ …” (more) [John Coyle, Transnational Litigation Blog, 22 September 2026]
Friday, Izevbuwa and Nwazi, ‘Suing Across Borders: International Tort Law and Nigeria Oil Pollution Litigations’
ABSTRACT This paper is a re-appraisal of the international torts law remedies available to the victims of pollution in the oil and gas industry in Nigeria. Environmental protection in Nigeria is governed by a mix of local regulations and international laws. International torts law is the legal framework that governs legal disputes between individuals and […]
Davronbek Abdugaffarov, ‘Locating Non-Contractual Harm and Liability for Cross-Border Damage Caused by Autonomous AI Agents’
ABSTRACT Four companion articles by this author examined how private international law should treat cross-border contracts negotiated and concluded entirely by autonomous AI agents, addressing choice of law, jurisdiction, breach of an implied duty of care, and enforcement of arbitral awards. All four operated within the contractual branch of private international law, where a relationship […]
Maggie Gardner, ‘The Common Roots but Exceptional Development of Forum Non Conveniens’
ABSTRACT This draft chapter for an edited volume on American exceptionalism attempts to demythologize the doctrine of forum non conveniens while also explaining its exceptional trajectory in the United States. First, the chapter clarifies that the doctrine only dates back to the mid-1800s – not the 1600s, as is often asserted. It shows how Scottish […]
Punam Shahriar Nirjhar, ‘Global Copyright Injunctions Against Online Intermediaries and Territorial Sovereignty Under Private International Law’
ABSTRACT Global copyright takedown injunctions against online intermediaries are causing territorial sovereignty conflicts with private international law. A ruling by a court of one country to restrict or remove content on a domestic level can have consequences beyond that country’s borders. This act interferes with judicial comity and limits the freedom of other countries to […]