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Conflict of laws in the South African courts: an(other) recent missed opportunity
Posted on behalf of Jason Mitchell, barrister at Maitland Chambers in London and at Group 621 in Johannesburg.
An Australian, Hannon, wants to book a Southern African safari with his partner, Murti, as a surprise birthday gift. He sees one he likes on an Australian travel website. Hannon fills in the online form.
It turns out that the website is just the agent for a South African company, Drifters Adventours. Drifters emailed Hannon the price and payment details. Attached to the email is a brochure. The brochure says, “Drifters do not accept responsibility for any loss, injury, damage, accident, fatality, delay or inconvenience experienced while on tour.” The brochure also says, “You will be required to complete and sign a full indemnity prior to your tour departure.” Read more
The Titanium Brace Tightens: Rome II and Director Liability after Wunner
By Luisa Cassar Pullicino and Krista Refalo, Ganado Advocates
In the preliminary reference Case C-77/24 Wunner (the Titanium Brace case), the CJEU was asked to determine whether a damages claim brought by a consumer directly against company directors for losses suffered from unlicensed online gambling fell within the scope of the Rome II Regulation (Regulation (EC) No 864/2007), or whether it was excluded under Article 1(2)(d) as a “non-contractual obligation arising out of the law of companies”.
The practical stakes were considerable. If Rome II applied, Article 4(1) would designate the law of the place where the damage occurred — which, for online gambling losses, would normally be the habitual residence of the consumer. If excluded, the applicable law would instead be determined by national conflict-of-laws rules, typically, the lex societatis.
‘Salami-slicing’ and Issue Estoppel: Foreign Decisions on the Governing Law
One of the requirements for issue estoppel is identity of issue. However, the process of ‘refining down’ or ‘salami-slicing’[1] is not always clear. The argument that the issue is different because the two courts would arrive at different conclusions on the governing law is increasingly being utilised as a litigation strategy. If the first court applied its choice of law rules to determine that the governing law of the claim is Utopian law, would an issue estoppel arise over this decision in the second court if under the second court’s choice of law rules, Ruritanian law is the governing law? The answer depends on whether the ‘slice’ is thick or thin. Is the relevant issue ‘What law governs the dispute or issue?’ or ‘What law is identified by our (forum) choice of law rules to govern the dispute or issue?’ Read more
News
AMEDIP’s upcoming webinar: The HCCH Work Agenda in 2026. Opportunities and Challenges for AMEDIP presented by Ignacio Goicoechea (30 April 2026 – in Spanish)
The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 30 April 2026 at 14:30 (Mexico City time – CST), 22:30 (CEST time). The topic of the webinar is: The HCCH Work Agenda in 2026. Opportunities and Challenges for AMEDIP, which will be presented by Ignacio Goicoechea, Representative of the HCCH Regional Office for Latin America and the Caribbean (ROLAC) (in Spanish). Read more
Launch ECJC ‘Civil Justice Conversations’ – Online Research Seminar Series
Contributed by Adriani Dori
Online Research Seminar Series: Call for expressions of interest
Submission Deadline: Rolling base
Open to: Scholars, practitioners, and early-career researchers
Contact details: ecjc@law.eur.nl
Following the publication of the handbook European Civil Procedure (De Gruyter 2026), the European Civil Justice Centre (ECJC) is pleased to announce a new initiative.
ECJC ‘Civil Justice Conversations’
The ECJC ‘Civil Justice Conversations’ is a new series of online research seminars designed to foster scholarly exchange and collaboration in the field of European civil justice.
Choice of Law Dataverse Launch — Online Event
The announcement below is kindly provided by Agatha Brandão de Oliveira (University of Lucerne, Switzerland)
After several years of intensive work, the Choice of Law Dataverse (CoLD) is ready to be shared with the wider community. The platform is an open-access resource gathering more than 17,000 data points — including legislation, court decisions, and other materials from 100 jurisdictions around the world. After collecting and processing this information, we have analyzed and systematized these choice-of-law rules into pedagogical country reports, now freely available for research, teaching, and practice. The project was recently awarded the Swiss National ORD Prize 2025.
We would be delighted to share this milestone with colleagues whose work continues to shape the field.