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Cassirer on Remand: Considering the Laws of Other Interested States

This post is by Carlos Manuel Vázquez, a professor of law at Georgetown Law School. It is cross-posted at Transnational Litigation Blog.

Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II.  After a reversal and remand from the U.S. Supreme Court last summer, the case is now before the Ninth Circuit for decision of the legal question that is likely to be decisive:  which law governs?

The district court and the court of appeals have so far framed the issue as a binary choice: the governing law on the merits is either that of Spain or that of California.   I suggest here that the issue is better framed as a choice between the law of Spain, on the one hand, and the laws of all the other states or countries with connections to the dispute, on the other.  (Disclosure: I submitted expert declarations in support of the plaintiffs on issues of public international law during earlier phases of this case.)

The U.S. Court of Appeals for the Ninth Circuit has affirmed the district court’s holding that, under the law of Spain, the plaintiff loses because the museum acquired title to the painting through adverse possession (otherwise known as acquisitive prescription).  It is equally clear that, under the law of California, the plaintiff would prevail because California does not recognize the acquisition of title to moveable property through adverse possession.  What has so far not featured prominently in the courts’ analyses of the choice-of-law issue is that the plaintiff would also prevail under the laws of all the other jurisdictions that have relevant connections to the dispute.  Under governmental interest analysis, this should be central to the analysis. Read more

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Very recently, Indonesian private international law has attracted significant scholarship in the English language.[1] Dr Penasthika’s monograph (‘the monograph’)[2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia. My review attempts to capture the methodology, summarise the contents, and give a verdict on the quality of this monograph.

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Mbatha v. Cutting: Implications for Litigants of Indian Origin

Guest Post by Chytanya S. Agarwal*

I. Introduction

Rising cross-border migration of people and concomitant increase in lawsuits relating to matrimonial disputes between couples brings to the forefront the issue of conflict of jurisdictional laws (219th Law Commission Report, ¶1.1-¶1.2). Mbatha v. Cutting is one such recent case that grapples with conflict of laws pertaining to divorce and division of matrimonial property when the spouses are domiciled in separate jurisdictions. In this case, the Georgian Court of Appeal dealt with competing claims from a couple who married in New York and had their matrimonial domicile in South Africa. The wife, domiciled in Georgia, USA, argued for the application of the matrimonial property regime of South Africa – their only (though temporary) common matrimonial domicile. In determining the applicable law, the Court upheld the traditional approach, which favours lex situs for real property and lex domicilii for personal property.

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News

Out Now: The 50th anniversary of the first Inter-American specialized conference on private international law. The future of private international law in the Americas by Dante Mauricio Negro Alvarado

The Department of International Law (Secretariat for Legal Affairs) of the Organization of American States (OAS) has just published in essay form the lectures delivered during the 49th Course on International Law, which was held on 5 -16 August 2024. For more information, click here.

The book features the following piece: The 50th anniversary of the first Inter-American specialized conference on private international law. The future of private international law in the Americas by Dante Mauricio Negro Alvarado (in English, p. 295-335). This is a must-read for Private International Law academics and lawyers from the region and beyond. Read more

Call for Abstracts – Emerging Voices in Private International Law (Asser Institute)

Post prepared by Eduardo Silva de FreitasPhD researcher Erasmus University Rotterdam and junior researcher at the Asser Institute

As part of its 60th anniversary celebrations, the T.M.C. Asser Institute invites abstracts for the panel “Emerging Voices in Private International Law”, to be held on 24 October 2025 in The Hague, at the conference Adapting Private International Law in an Era of Uncertainty.

The panel will feature two early-career scholars (PhD candidates or postdoctoral researchers) presenting original work in the field. Selected participants will also contribute to a forthcoming volume in the Short Studies in Private International Law series.

To apply, please submit a 400-word abstract and brief personal details by 15 August 2025 (24:00 CET) to: e.silva.de.freitas@asser.nl

Full call for abstracts: https://www.asser.nl/media/797989/call-for-abstracts_pil_asser.pdf

Revue Critique de droit international privé – issue 2025/1

Written by Hadrien Pauchard (assistant researcher and doctoral student at Sciences Po Law School)

The first issue of the Revue Critique de droit international privé of 2025 has just been released. It gathers six contributions honouring Albert Armin Ehrenzweig and his legacy, as well as seven case notes and numerous book reviews.

The doctrinal part of the volume is devoted to the proceedings of the Albert Armin Ehrenzweig Conference organized in June 2024 at the University of Vienna, fifty years after the passing away of the great author. The contributions commemorate both the man and the scientist, testifying to the relevance of Albert A. Ehrenzweig’s scholarship to contemporary private international law. They are published in French in the printed version of the Revue (also available online here), and will be available shortly in English (here).

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