Entries by Gilles Cuniberti

Boskovic on Rome II and Defamation

Olivera Boskovic is a professor of law at the University of Orléans, France. Many recent studies on defamation and violations of rights relating to personality assert that both jurisdiction and choice of law rules in this area are problematic. The following observations will mainly focus on choice of law. However, it is worth saying that […]

European Parliament Committee on Arbitration and Brussels I

On June 28th, the Committee on Legal Affairs of the European Parliament issued a report on the Implementation and Review of Regulation 44/2001. On the exclusion of arbitration from the scope of the Regulation, the Committee expressed the following view: Whereas the various national procedural devices developed to protect arbitral jurisdiction (anti-suit injunctions so long […]

French Supreme Court Breaks Land Taboo

On June 23rd, 2010, the French Supreme court for private and criminal matters (Cour de cassation) held that French courts had jurisdiction to determine the succession to a property situated in a foreign country. The deceased person was a French national domiciled in Madrid. He owned two apartments, one in Spain and one in France, […]

French Supreme Court Recognizes Foreign Gay Adoption

Yesterday, the French supreme court for private and criminal matters (Cour de cassation) held that an American judgment permitting the adoption of a child by the female partner of the mother was not contrary to French public policy and could be recognized in France. The women were two doctors living in the United State. They […]

Securities Class Actions and Extra-territoriality: A View from Canada

Geneviève Saumier teaches at McGill University, Montreal. Securities class actions are a relatively new phenomenon in Canada for two main reasons. First, class procedures are available across the country only since 2004 (though since 1978 in Quebec and 1992 in Ontario). Second, until very recently, only traditional claims of fraud or misrepresentation were available to investors. Since […]