Views
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
Virtual Presentation (in English) on May 26, 2026: Prof. TU Guangjian on China’s Shift on Foreign State Immunity and its Legal Implications for ‘One Country, Two Systems
Here is the link for the forthcoming Asian Private International Law Academy (APILA) monthly online meeting on Tuesday 26 May 2026 at 7 pm JST:
Topic: APILA Monthly Online Meeting on Tuesday 26 May 2026 at 7 pm JST
Time: May 26, 2026 07:00 PM Osaka, Sapporo, Tokyo
Join Zoom Meeting
https://us02web.zoom.us/j/89849901085?pwd=FUgb34HqwyIhxkFU92lygqFSw6Ll3I.1
Meeting ID: 898 4990 1085
Passcode: 132732
AAPrIL June Seminar (Online): “A Long-Awaited Reform: Papua New Guinea’s New Arbitration Law A conversation with Michael Henao”
News from the Australasian Associate of Private International Law:
We are pleased to share the updated flyer for our forthcoming event, A Long-Awaited Reform: Papua New Guinea’s New Arbitration Law — A Conversation with Michael Henao, taking place on 9 June. We are delighted to confirm that Cara North will be joining Michael Henao for what promises to be a timely and engaging discussion on this significant development in the region’s arbitration landscape.
This is an excellent opportunity to hear first-hand insights into Papua New Guinea’s new arbitration framework from a highly respected practitioner. We very much look forward to welcoming you on the day and encourage you to circulate the attached flyer among interested colleagues. Further details can be found in the flyer enclosed:
Workshop on Private International Law, Sustainability and Fashion
As part of the DFG- and AHRC-funded Fashion’s PLACE project, there will be a workshop on Private International Law, Sustainability and Fashion at the Geneva Graduate Institute on 18 June 2026 (11:00–13:00 CEST), just prior to the EAPIL conference. The event will bring together perspectives from law, sustainability and the fashion industry, with short presentations and space for discussion. If you are in Geneva and interested in the intersection of private international law, circular economy and fashion, consider coming. No sign-up necessary.