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:
Assesses the extent to which the provisions of Council Regulation 1346/2000 may conflict with those of the UNCITRAL Model Law on Cross Border Insolvency 1997 in the event of an international insolvency which crosses EC borders and how priorities might be determined by EC courts in such circumstances. Reviews the limits of the Regulation's application and case law on its potential effect on non EC debtors bound by the Model Law, including the circumstances in which a company incorporated elsewhere may be deemed to have its centre of main interests within the EC. Considers the international relevance of the Regulation and the position of groups of companies with some non EC members.
Merry Christmas and Happy Holidays to you all.