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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
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
News
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).
German Society of International Law: Short Conference on “Law without Borders? Extraterritorial Regulation and Unilateral Action” (Munich, 11/12 June 2026)
The German Society of International Law (GSIL) will be hosting a ‘short conference’ dedicated to “Law without Borders? Extraterritorial Regulation and Unilateral Action” in Munich on 11 and 12 June 2026. While its academic events are usually limited to members of the Society, this particular event has been opened up for other academics working on questions of international law, including doctoral candidates. Participation is free of charge.
The programme can be found here; registration is possible here.