Category Archives: Conflict of Laws
Zachariasiewicz and Zachariasiewicz, ‘Culpa in Contrahendo: A Testimony to the Changing Methodologies in Private International Law’
ABSTRACT The concept of culpa in contrahendo traditionally encompasses cases of disloyal conduct by the parties during the negotiation stage of a contract. It applies to a broad range of factual scenarios. Furthermore, the legal nature of culpa in contrahendo has long been the subject of debate, with some legal systems favouring its classification as […]
‘Federal Court Issues Worldwide Anti-Enforcement Injunction’
Last month, Judge Edward Davila (Northern District of California) granted a motion by Google for a rare type of equitable relief: a worldwide anti-enforcement injunction. In Google v Nao Tsargrad Media, a Russian media company obtained a judgment against Google in Russia and then began proceedings to enforce it in nine different countries. Arguing that […]
Symeon Symeonides, ‘The Public Policy Exception in Choice of Law: The American Version’
ABSTRACT To the surprise of many foreign readers, the American version of the public policy reservation (ordre public) is phrased exclusively in terms of jurisdiction and access to courts rather than as an exception to choice of law. At least in its ‘official’ iteration in the First and Second Restatements, the exception allows courts to […]
Zein Abdul Nassir Mukhtar, ‘On English Connecting Factors: Domicile and Residence’
ABSTRACT In selecting the proper law to govern issues, courts look to the elements which link the occurrence of a said issue to a legal category. These links vary from where a contract was concluded (loci contractus), where a property is situated (loci situs), where a tort was committed (loci delicti commissi), where the court […]
Zein Abdul Nassir Mukhtar, ‘Party Autonomy Principle in the Rome Convention 1980 and Rome I Regulation (Regulation (EC) 593/2008) Texts’
ABSTRACT Critical to the success of dispute resolution in cross-national civil and commercial matters is the level of freedom permitted by conflict of laws rules. If the rules lack reasonable balance, tend to be ‘elusive’ and rather ‘theoretically unresolved’, then the very essence of the rules are impeded, constantly frustrated, become necessarily defunct, and the […]
‘5th German Conference for Young Researchers in Private International Law in Heidelberg – Conference Report’
On February 14th and 15th, 2025, more than one hundred young academics gathered at Heidelberg University for the 5th German Conference for Young Researchers in Private International Law to discuss the topic ‘Digital Transformation and Private International Law – Local Connections in Boundless Spaces’ … (more) [Victoria Hélène Dintelmann, Conflict of Laws .net, 25 April […]
Timothy Holbrook, ‘Copyright Extraterritoriality’
ABSTRACT The presumption against extraterritoriality is a fundamental principle of US law, yet its application to copyright law remains unsettled. In recent years, the Supreme Court has formalized a two-step methodology for assessing the extraterritorial scope of federal statutes, culminating in RJR Nabisco, Inc v European Community. Despite this doctrinal shift, lower courts have inconsistently […]
Gullifer and Tirado, ‘Proprietary Rights and Digital Assets: A “Modern Proposal” from a Transnational Law Perspective’
INTRODUCTION Recent years have seen rapid development of new methods of controlling data so as to form tradable and valuable assets, largely through the use of a combination of distributed ledger technology (DLT) and blockchain technology. Markets in these assets, and different use cases, developed so fast that domestic law in most countries has struggled […]
‘Crossroads in Private International Law Seminar Series, University of Aberdeen’
‘In April, the Aberdeen Centre for Private International Law and Transnational Governance will be relaunching its Crossroads in Private International Law research seminar series …” (more) [Tobias Lutzi, Conflict of Laws .net, 14 April 2025]
‘Report of the Oxford Conference on “Characterisation in the Conflict of Laws”’
On 20-21 March 2025, a conference on ‘Characterisation in the Conflict of Laws’ was convened at St Hilda’s College, Oxford. Under the auspices of the Institute of European and Comparative Law in the Law Faculty of the University of Oxford, the conference was jointly organised … (more) [Meltem Ece Oba, Conflict of Laws .net, 2 […]