Category Archives: Conflict of Laws
Symeon Symeonides, ‘Private International Law Bibliography 2025: US and Foreign Sources in English’
ABSTRACT This is the twentieth annual bibliography of private international law compiled by the undersigned as a service to fellow teachers and students of this subject. It includes 74 books and 366 journal articles that appeared in print in 2025. The term ‘private international law’ is used here in the broadest and arguably expanded sense. […]
‘Conflict of Laws as Pedagogy’
Susanne Lilian Gössl, ‘“Mirin” and Beyond – Gender Identity, Domestic Private International Law, and Human Rights in the EU’, International Journal of Law, Policy and the Family, available at SSRN (20 May 2025). Fights over gender identity have preoccupied American politicians in recent years. The dialogue surrounding these issues has not always been civil and […]
Ellias and Lalafaryan, ‘The Global Law of Debt’
ABSTRACT Corporate debt financing and the restructuring of large corporations are now governed by what this Article calls the ‘global law of debt’, a transnational system shaped more by law firms, investment banks, and investors in New York and London than by national laws or court decisions. Large companies can now optimize governing law on […]
Dilek, Skauradszun and Omlor, ‘A New Private International Law for Digital Assets’
ABSTRACT The increasing popularity of digital assets presents significant challenges for private international law, as fundamental conflict of laws rules concerning proprietary issues are often absent. This article outlines a possible approach to a technologically neutral and function based conflict of laws framework. Taking existing instruments into account, it examines in particular the role of […]
‘(Informed) Consent to Dispute Resolution Agreements’: Special issue of the German Law Journal
Party Autonomy Then and Now (Symeon C Symeonides) Consent and Dispute Resolution Clauses (Nancy S Kim) Reflexive Contract Law: Party Autonomy and the Constitutional Right to a Remedy (Gralf-Peter Calliess) Policing Consumer Contract Terms under US and EU Law: A Comparative Analysis of the Directive 93/13/EEC on Unfair Terms in Consumer Contracts and the Restatement […]
Franziska Arnold-Dwyer, ‘PRICL and English Reinsurance Contract Law’
ABSTRACT The idea of a harmonised reinsurance law is nearly a century old, but was resurrected a decade ago at the instigation of representatives from the reinsurance industry. The Principles of Reinsurance Contract Law (‘PRICL’) were produced by a group of international reinsurance law experts in cooperation with the International Institute for the Unification of […]
Joseph Singer, ‘Against Choice-Of-Law Clauses’
ABSTRACT Choice-of-law clauses are enforceable unless they violate the public policy of another state. While generally accepted and indeed lauded as a way to solve the choice of law problem in contract cases touching more than one jurisdiction, these clauses are not the panacea that their defenders claim them to be. This article provides a […]
Ardavan Arzandeh, ‘Anti-Suit Injunctions in Support of Foreign Dispute-Resolution Clauses’
ABSTRACT Courts in England ordinarily grant anti-suit injunctions when proceedings are (or will soon be) initiated in a foreign court in breach of clauses which subject disputes to the exclusive jurisdiction of courts, or refer them to arbitration, in England. Would they, however, grant such relief in support of foreign dispute-resolution clauses? In UniCredit Bank […]
Dilek, Skauradszun and Omlor, ‘A New Private International Law for Digital Assets’
ABSTRACT The increasing popularity of digital assets presents significant challenges for private international law, as fundamental conflict-of-laws rules concerning proprietary issues are often absent. This article outlines a possible approach to a technologically neutral and function-based conflict-of-laws framework. Taking existing instruments into account, it examines in particular the role of party autonomy through a choice-of-law […]
Coyle, Dodge and Simowitz, ‘Choice of Law in the American Courts in 2024: Thirty-Eighth Annual Survey’
INTRODUCTION This is the Thirty-Eighth Annual Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws and is intended as a service to fellow teachers and to students of conflicts law, both inside and outside the United States. Its purpose remains the […]