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December 2006

Private International Law Applied to Business


Yasmine Lahlou & Marina Matousekova have written an article in the latest issue of the International Business Law Journal on "Private International Law Applied to Business" (No.4, 2006, p.547-573). The abstract states:

In the field of conflicts of laws, French courts were referred disputes relating to employment and factoring agreements. The issues of procedural agreements and court’s duty in applying foreign laws were dealt with, as well as the impact of public policy rules on insurance contracts. French courts also ruled on the issue of court’s jurisdiction as regards agency agreements and insolvency proceedings as well as on States’ jurisdictional immunities.


Ettore Consalvi (University of Rome) has published an article in the latest issue of International Insolvency Review on "The regime for circulation of judgements under the EC regulation on insolvency proceedings" (Vol. 15, Issue 3, 2006, p. 147-162). Here's the abstract:

The regime for recognition and enforcement of judgements under the EC Regulation 1346/00 on insolvency proceedings raises several issues due to gaps in its provisions (Chapter II). This article analyses these rules and suggests solutions to its principal shortcomings particularly focusing on the prohibition against reviewing decisions as to their merits and conflicts between judgements opening main insolvency proceedings in different member states. This analysis draws on the European Court of Justice's interpretation of the 1968 Brussels Convention in preliminary rulings, which is a valuable tool for dealing with problems concerning recognition and enforcement of judgements as the Regulation is based on a similar framework.


There are two articles in the new issue of Abitration International that deal with private international law issues arising out of international commercial arbitration. They are:

Thomas Buergenthal, “The proliferation of disputes, dispute settlement procedures and respect for the rule of law” Arbitration Int. 2006, 22(4), 495-499. Abstract:

Considers the reasons for the proliferation of disputes, particularly international disputes, and of dispute resolution mechanisms. Discusses whether respect for the rule of law has kept pace with these trends, especially with regard to conflict of laws issues and the selection of arbitrators and judges.

Klaus Peter Berger, “Evidentiary privileges: best practice standards versus/and arbitral discretion” Arbitration Int. 2006, 22(4), 501-520. Abstract:

U.S. Decisions: December 2006 Round-Up: Part II


Again with thanks to the International Civil Litigation Blog for many of the citations below, Part II of the December 2006 round-up will discuss a few significant case developments in the fields of International Discovery and Foreign Sovereign Immunity.  More expanded discussion of these cases, and a few others pertaining to these topics, can be found at that site and other sites linked below.


ECJ judgment on Art 34(2) of the Brussels I Regulation


On 14 December 2006, the European Court of Justice handed down a preliminary ruling on the interpretation of Article 34(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.


Tiong Min Yeo (National University of Singapore) has posted “Natural Forum and the Elusive Significance of Jurisdiction Agreements” on SSRN. Here’s the abstract:


To complete our round-up of newly available articles today, we have an article on “Warnings for a New Beginning” by William Tong (University of Nottingham), which explores the tort choice of law rules in Singapore, and how they compare with other common law jurisdictions such as the UK. Here’s the abstract:

In striking contrast with some of the Commonwealth developments in the area of tort choice of law, where notably even the United Kingdom has abandoned the English common law position in relation to tort choice of law for a statutory regime embodied by Part III of the Private International (Miscellaneous Provisions) Act 1995, Singapore has largely maintained its adherence to the English common law position with the unequivocal acceptance by the Singapore Court of Appeal that the “applicable choice of law rule in Singapore with respect to torts committed overseas is that laid down in Phillips v. Eyre” and that the “exception to the rule as formulated in Boys v. Chaplin, Johnson v. Coventry Churchill and Red Sea Insurance” is part of Singapore law as well.


A note written By Adrian Briggs (Univeristy of Oxford) has been made available for download on the SSRN network: “A Note on the Application of the Statute Law of Singapore within Its Private International LawSingapore Journal of Legal Studies, pp. 189-203, 2005. The abstract reads:

Governing Cyberspace: a US Approach


A highly theoretical, and interesting, article on the rules governing e-commerce transactions (or “cyberspace”, as the author puts it) has been posted on SSRN. David G. Post’s article, “Governing Cyberspace“, was originally in the Wayne Law Review, Vol. 43, p. 155, 1996. Here’s the abstract:

Some English Articles in December


There have been a couple of articles in various journals concerning the conflict of laws this month. Without further ado, they are:

1) E.C. Ritaine, "Harmonising European Private International Law: A Replay of Hannibal's Crossing of the Alps?" International Journal of Legal Information, Vol. 34, No. 2, (2006) pp. 419-439.

2) Nikiforos Sifakis, "Exclusive jurisdiction clauses – Article 27 and 28 of the Brussels I Regulation – the ‘Italian torpedo’ – anti-suit injunctions" Journal of International Maritime Law, Issue 5, Vol. 12, (2006).

3) There's also a forthcoming article in the International Company and Commercial Law Review: P.J. Omar, "The extra-territorial reach of the European Insolvency Regulation" I.C.C.L.R. 2007, 18(2), 57-66. There's an abstract available for this article: