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‘The Bundesgerichtshof was wrong to deny choice of court in favour of...
Such would be the title for a perfect exam question for an advanced conflict class. It would also kill the bird of making the point of German law and scholarship being particularly relevant to conflict...
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Fraus omnia corrumpit or accidental oversight? New South Wales Supreme Court...
Fraus omnia corrumpit (fraud corrupts all) is not easily applied in conflict of laws. Both forum shopping and choice of law ought not prima facie to be regarded with much suspicion, especially in a...
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Employment, foreign mandatory rules and Greek public finance.
The German Federal Labour Court, the ‘Bundesarbeitsgericht’, has provided the ECJ with an opportunity to provide much needed clarity on the application of Rome I to continuing (employment) contracts,...
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Von Munchausen ft. von Savigny. Szpunar AG in Nikiforidis.
Update 19 October 2016. The court held yesterday. I shall have review it soon. Szpunar AG’s Opinion in C-135/15 Hellenic Republic v Grigorios Nikiforidis has travelled half the world with me in my...
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Sinocore International Co Ltd v RBRG Trading: The commercial court on fraus,...
Fraus omnia corrumpit (fraud corrupts all; alternatively formulated as ex turpi causa non oritur actio) is not easily applied in conflict of laws. See an earlier post here. In Sinocore International...
View ArticleDES v Clarins. The law applicable to ending commercial agency: Granarolo (and...
In RG 16/05579 DES v Clarins (I have a copy on file for those finding it difficult to get access) the Paris Court of Appeal on 19 September 2018 effectively applied the CJEU’s Granarolo judgment on...
View ArticleLamesa Investments v Cynergy. Rome I-like ‘mandatory law’ provisions applied...
A long overdue post I fear (I hope in the next week and a half or so to turn to draft posts which for all sorts of reasons have gotten stuck in the queue, finally to be published) on Lamesa Investments...
View ArticleWallis v Air Tanzania. A good reminder of the (soon to be resurrected) UK...
In Wallis Trading Inc v Air Tanzania Company Ltd & Anor [2020] EWHC 339 (Comm), at stake is a claim by Wallis Trading, a Liberian company which carried on the business of acquiring and leasing...
View ArticleRoberts: lois de police (overriding mandatory law) in tort under English...
A late post (I am slowly trying to mop up my back issues; none of them thankfully going back quite as far as this one) on Roberts v The Soldiers, Sailors, Airmen And Families Association & Anor...
View ArticleRoberts bis (or rather, ter): undue hardship as part of ordre public.
The extensive ruling by Foster J in Roberts (a minor) v Soldiers, Sailors, Airmen and Families Association & Ors [2020] EWHC 994 (QB) is clearly related to Soole J’s 2019 ruling which I reviewed...
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