Views
‘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
The Conflict-of-Law Rules in the UAE’s New Civil Transactions Act: Yet Another Missed Opportunity!
I. Introduction
On 1 January 2026, the Legislative Decree No. 25/2025 promulgating a new Civil Transactions Act (hereafter ‘NCTA’) entered into force. The NCTA repeals and replaces the former Federal Civil Transactions Act of 1985 (hereafter ‘the 1985 Act’). The adoption of the NCTA forms part of the State’s broader and ongoing effort to comprehensively update and modernize its legal system, an effort that has already touched major legislative instruments, including, among many others, the 2022 Civil Procedure Act, the 2024 Personal Status Act, the 2023 Competition Act, and the 2022 Commercial Transactions Act.
Since the 1985 Act contained a codified set of conflict-of-laws rules, its replacement necessarily entails a re-examination of the UAE’s private international law framework and, at least in principle, the introduction of new or revised choice-of-law provisions. Against this background, this note offers a preliminary and necessarily tentative assessment of the modifications introduced by the NCTA. It focuses on the main features of the new law in relation to choice-of-law regulation, highlighting both the changes introduced and the limits of the reform. Read more
Enforceability of foreign judgments for punitive damages under English law and South African law
This post is posted on behalf of Jason Mitchell, barrister at Maitland Chambers in London and Group 621 in Johannesburg.
In Motorola Solutions v Hytera Communications Corporation, the Court of Appeal held that a judgment that includes a punitive damages component is unenforceable in its entirety (the judgment is available here). The punitive component cannot be severed so that the judgment creditor can enforce non-punitive components.
Motorola sued Hytera in the U.S. One of its causes of action was under the Defend Trade Secrets Act, a federal statute that allows for punitive damages of up to double any compensatory damages. On that cause of action, the U.S. court awarded Motorola compensatory damages of $135 million and punitive damages of $270 million. Motorola tried to enforce the U.S. judgment in England. Read more
News
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.
JLMI – Call for papers – Issue no. 1/2027
This Call for Papers of the Journal of Law, Market & Innovation (JLMI) concerns the first issue to be published at the end of March 2027 and is devoted to the Securitisation of Supply Chains: Critical Raw Materials Between Energy Security and the Green Transition. This issue will be edited by the Editors-in-Chief of the JLMI (Lorenza Mola, Cristina Poncibò and Riccardo de Caria), along with Pritam Banerjee and Vishakha Srivastava as guest co-editor. You can find the call with all the details at the following link:
Postdoc Position “Fashion’s PLACE – Private (International) Law and Circular Economy”
The University of Edinburgh is recruiting a postdoctoral research fellow in private international law to work on an exciting new research project funded by the UKRI Arts and Humanities Research Council (AHRC) and the German Research Foundation (DFG) entitled “Fashion’s PLACE – Private (International) Law and Circular Economy”. The project explores the private law and private international law components of legal design for a just circular economy transition in global value chains. It takes the fashion industry as a case study, examining the journey of textiles from the places of production, via the marketplaces of consumption, to the places of disposal.