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Determining the applicable law of an arbitration agreement when there is no express choice of a governing law – Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38.
This brief note considers aspects of the recent litigation over the identification of an unspecified applicable law of an arbitration agreement having an English seat. Though the UK Supreme Court concluded that the applicable law of the arbitration agreement itself was, if unspecified, usually to be the same as that of the contract to which […]
The Italian Supreme Court on Competence and Jurisdiction in Flight Cancellation Claims
The case In a recent decision
Overriding Mandatory Rules in the Law of the EU Member States: Webinar of the EAPIL Young EU Private International Law Research Network
On Monday, 16 November 2020, starting at 9.15 am CET, the
Ilaria Viarengo and Francesca C Villata recently published a new book
Ilaria Viarengo and Francesca C Villata recently published a new book titled: “Planning the Future of Cross Border Families: A Path Through Coordination“ under the prestigious Hart Studies in Private International Law. The abstract reads as follows: This book is built upon the outcomes of the EUFam’s Project, financially supported by the EU Civil Justice […]
The End of the “Sahyouni Saga”
The German Bundesgerichtshof (BGH) in August finally decided the case “Sahyouni” that made it twice to the ECJ (
The Bee That’s Buzzing in Our Bonnets. Some Thoughts about Characterisation after the Advocate General’s Wikingerhof Opinion
Last week, AG Saugmandsgaard Øe rendered his
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2020: Abstracts
The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles: D. Coester-Waltjen: Some Thoughts on Recital 7 Rome I Regulation and a Consistent and Systematic Interpretation of Jurisdictional and Choice of Law Rules. Decisions of the ECJ in recent years have cast some new light on recital 7 […]
Lord Jonathan Mance on the future relationship between the United Kingdom and Europe after Brexit
Nicole Grohmann, a doctoral candidate at the Institute for Comparative and Private International Law, Dept. III, at the University of Freiburg, has kindly provided us with the following report on a recent speech by Lord Jonathan Mance. On Wednesday, 15 July 2020, the former Deputy President of the Supreme Court of the United Kingdom (UKSC), […]
Corona and Private International Law: A Regularly Updated Repository of Writings, Cases and Developments
by Ralf Michaels and Jakob Olbing Note: This repository will stay permanent at www.conflictoflaws.net/corona. Please send additions to olbing@mpipriv.de Updated: November 08, 2021 The coronavirus has created a global crisis that affects all aspects of life everywhere. Not surprisingly, that means that the law is affected as well. And indeed, we have seen a high […]