Tag Archive for: choice of law

Virtual Workshop (in English) on Tuesday, 3 November 2026: Brooke Marshall in our series on “Current Research in Private International Law”

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On Tuesday, November 3, 2026, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST).

Brooke Marshall (University of Oxford) will speak, in English, about the topic

 

                                                                                                                  “Forum legis in English Law”

 

About the Speaker:

Brooke Marshall is an Associate Professor of the Faculty of Law, University of Oxford, and a Fellow of St Edmund Hall. Her research examines intersections both within the field of private international law and between the field and other areas of law and legal practice. Her work has a doctrinal foundation in international commercial dispute resolution and engages with normative and comparative questions raised by cross-border relationships.

About the Topic:

An initial determination by an English court as to the law that should apply to a cross-border dispute is commonplace at the jurisdictional stage, directly affecting both the assumption and exercise of jurisdiction. This project, jointly undertaken with Dr Roxana Banu, maps the substantial and increasing role played by choice of law in the jurisdictional enquiry. Focussing on the governing law gateways for service outside the jurisdiction, it provides a theoretical, historical, and doctrinal account of England’s forum legis. We explore its imperial roots, the results it produces in the case law, and whether basing the adjudicatory jurisdiction of English courts on the applicability of English law can be normatively justified in routine commercial cases.

About the Virtual Workshop Series:

The virtual workshop series “Current Research in Private International Law” is organised by Ralf Michaels and Antonia Sittig. The series features leading national and international scholars who present and discuss their work on current developments and research topics in private international law. The workshops are geared to scholars who are researching in the field of private international law, but attendance is open to all individuals having an academic interest (doctoral candidates and students are expressly invited).

 

The presentation will be followed by open discussion. All are welcome. More information and sign-up here.

If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.

Choice of Law Dataverse Launch — Online Event

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The announcement below is kindly provided by Agatha Brandão de Oliveira (University of Lucerne, Switzerland)

After several years of intensive work, the Choice of Law Dataverse (CoLD) is ready to be shared with the wider community. The platform is an open-access resource gathering more than 17,000 data points — including legislation, court decisions, and other materials from 100 jurisdictions around the world. After collecting and processing this information, we have analyzed and systematized these choice-of-law rules into pedagogical country reports, now freely available for research, teaching, and practice. The project was recently awarded the Swiss National ORD Prize 2025.

We would be delighted to share this milestone with colleagues whose work continues to shape the field.

Read more

EAPIL Conference in Geneva from 18-20 June 2026: Registration open!

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From 18 to 20 June 2026 the European Association of Private International Law (EAPIL) will host its third biannual conference. Following the Association’s conferences in Aarhus (Denmark) and Wroclaw (Poland) the conference promises to be a key event for scholars and practitioners interested in the present and future of European private international law.

Programme and Audience

Under the title “Shaping the Future of Private International Law in Europe – Putting Together the Pieces & Filling Gaps”, the conference will address structural developments, unresolved issues, and emerging challenges in European private international law. Special emphasis will be placed on 1) the consolidation of European private international law in a single instrument (EuPIL Act), 2) the unification of international property law (including the protection of cultural objects), and 3) the relationship of European Private International Law with third States.

All topics will be addressed from an analytical and a forward-looking perspective, combining doctrinal reflection with policy-oriented debate. Contributions will come from an internationally diverse group of speakers, reflecting EAPIL’s commitment to comparative and transnational perspectives.

The conference is open to academics, judges, practitioners, policymakers, and early-career researchers with an interest in (European) private international law.

Venue and Organisation

Hosted by the Faculty of Law of the University of Geneva, the conference will take place exclusively in person in Geneva. The choice of venue underscores the international outlook of the event and provides an ideal setting for scholarly exchange and networking.

Registration

Registration is available here. An early-bird rate applies until 15 March 2026, with standard registration available until 17 May 2026. Participation fees vary depending on registration date and include the option to attend the conference dinner. Further details on fees and registration can be found on the conference website.

Why Attend?

The EAPIL Conference 2026 offers a unique opportunity to:

  • engage with cutting-edge research in private international law,
  • discuss current reform projects and unresolved doctrinal questions,
  • connect with leading scholars and practitioners from across jurisdictions, and
  • contribute to shaping the future development of the field.

Further Information

More information on the programme, registration, and practical details is available on the conference website.

About EAPIL

The European Association of Private International Law was founded in 2019 to promote the study and development of Private International Law. It has today more than 600 members from more than 70 countries. For more information visit the EAPIL website and follow the EAPIL blog.

Conflict of laws in the South African courts: a recent missed opportunity

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Posted on behalf of Jason Mitchell, barrister at Maitland Chambers in London and at Group 621 in Johannesburg.

 

It’s rare for conflict of laws to come up in South African courts (with the notable exception of the Turkcell litigation from earlier this year; see the summary on this site at https://conflictoflaws.net/2025/south-africa-grapples-with-the-act-of-state-doctrine-and-choice-of-law-in-delict/).

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‘Paramount clause’ in a bill of lading as choice of law under Rome I – the Supreme Court of the Netherlands in Airgas USA v Universal Africa Lines

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In Airgas USA v Universal Africa Lines (7/11/2025, ECLI:NL:HR:2025:1665), the Supreme Court of the Netherlands considered the interpretation of a so-called ‘Paramount clause’ in a bill of lading. Such clauses commonly signpost which rules govern the international carriage of goods by sea. The Court addressed such clause as a choice of law and held that article 3(1) of the Rome I Regulation does not preclude the parties from agreeing on such clause. Read more

Report on the 2025 Journal of Equity Conference – Equity, Trusts and Private International Law

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On 21 August 2025, the UNSW School of Private and Commercial Law, the Journal of Equity and Allens jointly hosted the 2025 Journal of Equity Conference. This year’s one-day Conference focused on important questions at the intersection of equity, trusts and private international law. It featured four papers delivered by judges and scholars, each of which was followed by ample time for insightful questions and discussion among over 30 judges, lawyers and scholars attending the office of Allens in (rainy) Sydney.

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The Nigerian Court of Appeal Upholds South African Choice of Court and Choice of Law Agreement

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Case Citation:

Sqimnga (Nig.) Ltd v. Systems Applications Products (Nig.) Ltd [2025] 2 NWLR 423 (Court of Appeal, Lagos Division, Nigeria)

The dispute in this case arose between two Nigerian companies, Sqimnga Nigeria Ltd (the appellant) and Systems Applications Products Nigeria Ltd (the respondent). Both parties had entered into a Master Service Agreement in Nigeria, relating specifically to software solutions. A critical provision of this agreement stipulated that the laws of South Africa would govern any disputes, and further, that South African courts would possess exclusive jurisdiction to hear any matters arising from the agreement.

When a disagreement emerged between the parties, Sqimnga Nigeria Ltd initiated legal proceedings at the Lagos State High Court. The respondent immediately contested the jurisdiction of the Nigerian court, relying on the contractual clause mandating the use of South African law and courts. Read more

AAPrIL’s June online seminar: The Law of the Arbitration Agreement – Australasian Perspectives

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On Wednesday, 11 June 2025, the Australasian Association of Private International Law (AAPrIL) will hold its latest instalment of its online Seminar Series, as Timothy Lindsay of Lindsay Francis & Mangan presents on ‘The Law of the Arbitration Agreement – Australasian Perspectives’.

The topic:

Contracts with international arbitration agreements can engage a complex interaction of different laws: the governing law of the contract, the law of the seat, and the law of the arbitration agreement itself. Parties to international commercial contracts usually address the first two of these issues, but are often silent as to the law of the arbitration agreement. A light has recently shone on this well-known issue by the United Kingdom’s Arbitration Act 2025, which includes a new default rule for determining the law of the arbitration agreement, and similar changes to the Rules of the Singapore International Arbitration Centre, as well as developing case law in other jurisdictions. How might Australian and New Zealand courts react? Read more

“The Law(s) of the Arbitration Agreement” by Professor Ron Brand

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A recent study by the Law Commission of England and Wales has resulted in proposed amendments to the Arbitration Act 1996 that include a default rule that an arbitration agreement will be governed by the law of England and Wales if the arbitration is seated in that territory. Given the importance of London as an arbitration center, this has implications for many international commercial contracts.

In his new article, Professor Ron Brand from the University of Pittsburgh School of Law challenges the premise behind the proposed amendment that there is a single “law of the arbitration agreement.” Instead, he demonstrates that there are multiple laws applicable to an arbitration agreement. He explains this multiplicity of applicable laws by considering the possible grounds for challenge of jurisdiction of an arbitral tribunal based on the arbitration agreement. Such an analysis demonstrates that very different laws may apply to questions of the existence, formal validity, substantive validity, scope, and exclusivity of an arbitration agreement. He reviews these issues in the broader context of choice of forum clauses generally, including both arbitration and choice of court agreements, and then considers a hypothetical international commercial transaction in which questions might arise about the first four of these five jurisdictional questions – demonstrating both the problems with the idea of a single “law of the arbitration agreement,” as well as the practical impact and importance of well-drafted choice of forum agreements, including provisions on choice of law. Although prompted by the proposed change in English law, this discussion has implications for the law in every jurisdiction regarding agreements to arbitrate, indicating that both transaction planners and dispute resolution lawyers need to be cognizant of the laws applicable to arbitration and choice of court agreements.

The article is available here.

Choice of Law in the American Courts in 2024

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The thirty-eighth annual survey on choice of law in the American courts is now available on SSRN. The survey covers significant cases decided in 2024 on choice of law, party autonomy, extraterritoriality, international human rights, foreign sovereign immunity, adjudicative jurisdiction, and the recognition and enforcement of foreign judgments.

This annual survey was admirably maintained by Symeon Symeonides for three decades. The present authors are pleased to have extended this tradition.