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
Conference: European Principles of Transnational Litigation and Their Reception Abroad (Hamburg, 8–10 Oct 2026)
On 8–10 October 2026, Julian Rapp and Wolfgang Wurmnest will be hosting a conference on European Principles of Transnational Litigation and Their Reception Abroad at the University of Hamburg.
The aim of the conference is described as follows:
As cross-border disputes grow increasingly common in today’s globalized world, reflection on key European procedural principles – and their influence beyond Europe – deserves closer examination. This conference examines how European procedural rules, particularly those shaped by the Court of Justice of the European Union, have evolved into general principles of transnational litigation. It will discuss classic jurisdictional rules (contract and tort jurisdiction, jurisdiction agreements, and lis pendens), the protection of weaker parties, and the recognition and enforcement of judgments – all reflecting the practical challenges that litigants and courts face in cross-border litigation.
EAPIL Conference in Geneva (18-20 June 2026): Last chance to register
This is the last chance to register for the third bi-annual conference of the European Association of Private International Law (EAPIL) that will take place in Geneva, Switzerland, from 18 to 20 June 2026. To register please use this link.
For more information on the conference see our earlier blog post. The program is available on the conference’s website.
EAPIL is looking forward to seeing you in Geneva!
11th Journal of Private International Law Conference 2027: Travel grants for speakers from low- and lower-middle-income economies
Reposted from JPIL Conference 2027 | Rechtswissenschaftliche Fakultät | UZH
The 11th Journal of Private International Law Conference will be held in Zurich, Switzerland. Please save the date: 1–3 April 2027.
The conference organizers Tanja Domej (University of Zurich) and Christiane von Bary (University of Zurich), as well as the editors of the Journal, Paul Beaumont (University of Stirling) and Jonathan Harris (King’s College London), are looking forward to welcoming you in Switzerland!
The call for papers is available here (PDF, 137 KB).