Localisation of Damages in Private International Law : 30-31 May 2022

Many thanks to Olivera Boskovic and Caroline Kleiner for this post.

Monday 30 and Tuesday 31 May 2022
Paris Cité University

The determination of jurisdiction and applicable law in the field of non-contractual obligations largely depends on the localisation of damage. However, this can prove to be very difficult, or even impossible. What is the current method used by courts? Are there divergent approaches between the EU and non-EU countries?

The conference will tackle these questions by addressing first, the localisation in different sectors (competition law, financial law, product liability, personality rights, intellectual property and environment). The idea, here, is to confront the EU approach with the approach of non EU countries. Second, a series of round tables aim at analyzing whether there are particular influences on the method of localisation depending on various elements relating either to the content of the actions, or to the nature of the legal situation, or in relation to subjective factors.

Brexit Deal: What Happens To Judicial Cooperation in Civil Matters?

The Brexit deal (officially the [draft] EU-UK Trade and Cooperation Agreement) was agreed upon, finally, on December 24. Relief in many quarters (except Universities participating in the Erasmus program, which is discontinued in the UK).

But private international lawyers worry what happened to judicial cooperation in civil matters: is there any agreement at all? Peter Bert provides a detailed analysis of all available documents and finds almost no mention, which leads him to think we are facing  a sectoral hard brexit. (Update: he provides a more comprehensive analysis in German here.) Other experts on social media do not know more. The Law Society also seems worried. There seems to be no new information on the UK application to join the Lugano Convention, let alone any of the other areas of judicial cooperation. Given the intense discussion on these matters since the day of the Brexit vote, this can hardly be an oversight, but on the other hand it seems strange that such a core issue remained unaddressed.

Any further information or analysis in the comments is welcome.

Update: more comments from Ted Folkman