Entries by Martin George

Party Autonomy in the Private International Law of Contracts

Giesela Ruehl (Max Planck Institute for Comparative and Private International Law) has posted Party Autonomy in the Private International Law of Contracts: Transatlantic Convergence and Economic Efficiency on SSRN. Here's the abstract: It is commonly acknowledged that during the 20th century American and European choice-of-law theory have drifted apart: in the United States the American […]

Methods and Approaches in Choice of Law: An Economic Perspective

Giesela Ruehl (Max Planck Institute for Comparative and Private International Law) has posted Methods and Approaches in Choice of Law: An Economic Perspective on the Social Science Research Network (SSRN). The abstract reads as follows: After years of disregard, the law and economics movement has finally taken note of the field of choice of law. […]

Maccaba v Lichtenstein, and an article

Maccaba v Lictenstein [2006] EWHC 1901 (QB) The court held that, for there to be an arbitration agreement, there had to be an agreement evidenced in writing between the two prospective parties to the arbitration. In the instant case, no such enforceable agreement as argued for by the applicant had been proved on the evidence […]

WPP Holdings Italy v Marco Benatti

WPP HOLDINGS ITALY SRL (2) WPP 2005 LTD (3) BERKELEY SQUARE HOLDING BV v MARCO BENATTI (2006) [2006] EWHC 1641 (Comm) It was held that the question of whether proceedings were correctly issued for the purposes of Council Regulation 44/2001 Art.30 had to be determined by the national law in which they were instituted. There […]

EU Matrimonial Property and Divorce Proposals

The EU has published a Green Paper and a Proposal in the fields of matrimonial property, and the jurisdictional rules and law applicable to divorce respectively. Green paper on conflict of laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition The Commission has adopted a new Green Paper to […]

Harding v Wealands

The House of Lords has handed down its judgment in Harding v Wealands [2006] UKHL 32. The issue is whether damages for personal injury caused by negligent driving in New South Wales should be calculated according to the applicable law selected in accordance with Part III of the Private International Law (Miscellaneous Provisions) Act 1995 […]

EU Commission Study on “Brussels I”

The University of Heidelberg has been asked to head Study JLS/C4/2005/03 by the EU Commission, concerning the application of Regulation 44/2001/EC ("Brussels I"). The full description of the study is as follows: The European Commission has asked Prof. Hess, Prof. Pfeiffer and Prof. Schlosser (University of Munich) to elaborate a comparative study concerning the evaluation […]

The Impact of Recent Judgments of the European Court

Adrian Briggs' recent article in the University of Oxford Faculty of Law Legal Studies Research Paper Series, entitled The Impact of Recent Judgments of the European Court on English Procedural Law and Practice, is now available for download from

Cambridge Law Journal Case Notes

The new edition of the Cambridge Law Journal, VOL 65; PART 1; 2006, discusses two recent cases: Domicile – illegal resident: Mark v. Mark. (pp. 35-36) Renvoi – proof of foreign law: Neilson v. Overseas Projects Corporation of Victoria Ltd. (pp.37-39) More details on the CLJ can be found at its