Category Archives: Conflict of Laws
‘A seat at the table: third parties and exclusive jurisdiction clauses’
The High Court has looked at when a third party can rely on (and be bound by) an exclusive English jurisdiction clause in Campeau v Gottex. The case concerned a sale and purchase agreement with an exclusive English jurisdiction clause and which granted an indemnity to a director not party to the agreement. The seller, […]
Alyssa DiRusso, ‘Life and Death Matters in Conflict of Laws’
ABSTRACT This article explores the complex and often inconsistent legal landscape surrounding the determination of death and survivorship in the United States, emphasizing the challenges posed by conflicting state laws DiRusso, Alyssa A, Life and Death Matters in Conflict of Laws (May 1, 2023), Tulane Law Review 97, no 5 (May 2023), 703-742.
Coyle and Monestier, ‘Limits on Damages for Breach of a Forum Selection Clause’
ABSTRACT When a plaintiff sues in a court other than the one designated in a forum selection clause, the defendant’s remedial options are limited. It can ask the court to dismiss the case outright. Or it can ask the court to transfer the case to the designated forum. The defendant typically cannot, however, recover damages […]
Rzewuski and Rzewuska, ‘The public policy exception as grounds for refusing to apply foreign law in succession cases’
ABSTRACT Increasing migration flows in Europe and the world will contribute to a rise in cross-border succession proceedings. As a result, when hearing a succession case, a domestic court should not only be familiar with, but should also apply the foreign law indicated by an authoritative conflict-of-law rule in the same manner that the foreign […]
‘Personal Jurisdiction, Consent, and the Law of Agency’
I have long argued – in articles, blog posts, and amicus briefs – that it violates due process to invoke a forum selection clause to obtain personal jurisdiction over a defendant who was not a party to the agreement in which the clause appears. This position has not yet achieved universal acceptance. The state courts […]
Call for Papers: Global Harm, Local Justice | The Future of Cross-Border Torts: Online, 6 February 2026
We invite submissions for the virtual conference ‘Global Harm, Local Justice: The Future of CrossBorder Torts’, which will take place on 6 February 2026. The conference brings together early career researchers to explore contemporary challenges in crossborder torts and private international law. It takes place against the backdrop of potential reform of both the Brussels […]
Joanna Langille, ‘The Subjects of Tort Law’
ABSTRACT To the extent they consider the matter, tort theorists sometimes assume that the subjects of authority in tort law are the citizens of the state whose tort law applies. This assumption underlies democratic and social contractarian accounts of how to justify the authority of tort law. But as the doctrine of private international law […]
Dominika Moravcová, ‘Cross-Border Dispute as a sine qua non in the Regulation Establishing the European Small Claims Procedure’
ABSTRACT This article focuses on the European Small Claims Procedure, with a particular emphasis on its application in cross-border cases. It specifically examines the fulfilment of the sine qua non condition under ratione materiae, namely the crossborder element, analysed through the lens of the Court of Justice’s case law concerning this Regulation, as well as […]
‘Adapting private international law in an era of uncertainty’: Asser Institute, The Hague, 24 October 2025
Private international law deals with cross-border legal disputes. It answers questions like: which country’s court should hear a case? And which country’s laws should apply? These questions are becoming harder to answer as people, businesses, and conflicts move across borders more easily – and unpredictably. The event will bring together leading legal scholars, practitioners, and […]
Nathan Willems, ‘A Comparative Analysis of the Homeward Trend’
ABSTRACT To ensure legal certainty, predictability, comity among nations and party autonomy, judges are faced with the application of foreign law. This poses specific problems such as a (perceived) reduced quality of justice due to the judge’s unfamiliarity with the foreign law. There are, however, certain techniques that allow the judge and parties to resort […]