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Among the issues raised by the Green Paper, those concerning the treatment of choice of court agreements raises are, almost certainly, the most difficult and controversial. In considering possible reforms, a balance must be struck between the advantages, both commercial and in terms of promoting legal certainty, of supporting party autonomy in matters of jurisdiction, […]
The second topic discussed in the Commission’s Green Paper raises more fundamental questions concerning the treatment under EC law of situations having a material connection with one or more States outside the EC (excluding, for these purposes, the other Contracting States to the Lugano Convention) , including questions of (1) jurisdiction of a Member State […]
Many will, by now, have had the opportunity to consider the
The first issue of the Revue Critique de Droit International Privé was just released. It contains two articles and several case notes. The first article is authored by
A recent judgment of the NSW Supreme Court is as noteworthy for its name and subject-matter as it is for the legal principles involved; namely stay of proceedings on the basis of a foreign exclusive jurisdiction clause.
Recently, the May/June issue of the German legal journal “Praxis des Internationalen Privat- und Verfahrensrechts” (
What is the territorial scope of West Tankers? It certainly applies within the European Union, but does it prevent English Courts from enjoining parties to litigate outside of Europe? In a judgment published yesterday (Shashou & Ors v Sharma ([2009] EWHC 957 (Comm)), Cook J. ruled that West Tankers is irrelevant when the injunction enjoins […]
The British Institute for International & Comparative Law are hosting a seminar on Tuesday 12th May (17.30-19.30) entitled Enforcing Arbitration Agreements: West Tankers – Where are we? Where do we go from here? Here’s the synopsis: The February 2009
Private International Law in Israel by Prof Talia Einhorn Visiting Professor of Law / Indiana University School of Law Visiting Senior Research Fellow / Tel-Aviv University Faculty of Management Kluwer Law International 2009 396 pages ISBN: 9041128670 ISBN-13: 9789041128676 Israel’s PIL is not codified, nor is it clearly traceable to any one legal system. Since […]
Comparative private international law conference; University of Johannesburg; 8-11 September 2009 Key-note speakers: (1) Prof Dr C F Forsyth (University of Cambridge): Reconciling classic private international law with fidelity to constitutional values (2) Prof Dr M Martinek (University of Saarland): The Rome I and Rome II regulations in European private international law – a critical […]