Category Archives: Conflict of Laws
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 […]
Coyle, Dodge and Simowitz, ‘Choice of Law in the American Courts in 2025: Thirty-Ninth Annual Survey’
ABSTRACT This is the Thirty-Ninth 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. It is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States. Its purpose remains […]
‘From Deference to Objectivity: How Courts Are Rewriting the Commercial Reservation’
INTRODUCTION The 1958 New York Convention (‘NYC’) is widely regarded as international arbitration’s most significant achievement. Having been ratified by over 160 states, establishing a credible system of enforcement for arbitral awards. Yet the commercial reservation under Article 1(3), which allows the reserving state to limit the application of the ‘Convention only to differences … […]
Mukarrum Ahmed, ‘The Evolution of Business and Human Rights Litigation against Multinational Companies’
ABSTRACT This article will examine the evolution of business and human rights litigation against UK based multinational companies (MNCs) commenced by the victims of their alleged wrongdoing abroad in wake of the UK Supreme Court’s decisions in Vedanta v Lungowe and Okpabi v Shell. It will be argued that a methodologically pluralist private international law’s […]
James George, ‘Chimeric Contacts and Consent: The Ill-Reasoned Expansion of Corporate Jurisdictional Exposure’
ABSTRACT Two recent Supreme Court decisions have imposed aspects of general jurisdiction in a way that exposes corporations and possibly other legal actors to litigation in spuriously connected forums. One case – Ford Motor Company v Montana – reached a fair result but with strained reasoning that will support unfair results. The second case – […]
‘Enforceability of foreign judgments for punitive damages under English law and South African law’
In Motorola Solutions v Hytera Communications Corporation, the Court of Appeal held that a judgment that includes a punitive damages component is unenforceable in its entirety (the judgment is available here). The punitive component cannot be severed so that the judgment creditor can enforce non-punitive components. Motorola sued Hytera in the US. One of its […]
O’Brien and Lindley, ‘In the Matter of the S Trust: Cayman court agrees to unwind establishment of a trust tainted by a mistaken advice as to the Settlor’s domicile’
ABSTRACT The Grand Court of the Cayman Islands used its statutory power under Section 64A of the Trusts Act to set aside the establishment of a discretionary trust based on mistaken advice regarding the settlor’s domicile, highlighting the court’s flexible and pragmatic approach to rectifying flawed fiduciary decisions with unintended tax consequences. The case illustrates […]