Category Archives: Conflict of Laws
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 […]
‘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 […]