image_pdfimage_print

Views

Nothing Found

Sorry, no posts matched your criteria

News

Annual Survey of American Choice-of-Law Cases

Symeon Symeonides has posted on SSRN his 31st annual survey of American choice-of-law cases. The survey covers appellate cases decided by American state and federal courts during 2017. It can be found here https://ssrn.com/abstract=3093709  The table of contents is reproduced below.

Symeonides has also posted his annual Private International Law Bibliography for 2017. It can be found here https://ssrn.com/abstract=3094215.

 

31st Choice-of-Law Survey Table of Contents

Introduction

Part I. Jurisdiction

  1. The Supreme Court Speaks (Again)
  2. Foreign Sovereign Immunity
  3. The Terrorism Exception
  4. The Noncommercial Tort Exception
  5. The Expropriation Exception
  6. Jurisdiction Over Non-Recognized States
  7. The Fukushima Nuclear Accident
  8. The Political Question Doctrine

Part II. Extraterritoriality (or Non) of Federal Law

  1. Fifth Amendment

Out now: Recognition and Enforcement of Foreign Judgments in Asia

A compendium of country reports on the law on the recognition and enforcement of foreign judgments in ASEAN, Australia, China, India, Japan and South Korea has been published by the Asian Business Law Institute, a research institute based in Singapore. The list of contributors reads as follows:

  1. Professor Elizabeth Aguiling-Pangalangan of the University of the Philippines;
  2. Dr Andrew Bell, SC of Eleven Wentworth Chambers, Australia;
  3. Dr Bich Du Ngoc of Ho Chi Minh City Open University;
  4. Mr Youdy Bun of Bun & Associates, Cambodia;
  5. Xaynari Chanthala and Mr. Kongphanh Santivong of LS Horizon (Lao) Limited;
  6. Associate Professor Adeline Chong of Singapore Management University;
  7. Professor Choong Yeow Choy of the University of Malaya;

International and Comparative Law Quarterly 67 (2018), Issue 1

The most recent issue of the International and Comparative Law Quarterly (ICLQ) features two articles relating to private international law:

Louise Merrett, The Future Enforcement of Asymmetric Jurisdiction Agreements, ICLQ 67 (2018), pp. 37-71:

Asymmetric jurisdiction clauses are clauses which contain different provisions regarding jurisdiction for each party. They are widely used in international financial markets. However, the validity of this form of agreement has been called into doubt in several European jurisdictions. Furthermore, following Brexit, there may well be an increasing focus on alternative methods of enforcement under the Hague Convention and at common law, claims for damages and anti-suit injunctions. As well as considering recent developments in the case law and the implications of Brexit, this article will emphasize that all of these questions can only be answered after the individual promises contained in any particular agreement are properly identified and construed. Once that is done, there is no reason why the asymmetric nature of a clause should be a bar to its enforcement.