British Institute of International and Comparative Law - Research - Private International Law

Further Private International Law Events

Herbert Smith Senior Research Fellow: Dr. Eva Lein

The Institute organises conferences, seminars and other events concerning particular topics of Private International Law that require analysis and debate. It provides a forum in which the theoretical background, methodologies, development and practical application of any area of Private International Law as well as comparative aspects will be considered by lawyers, judges and other specialist practitioners.

Transnational Securities Class Actions

On 6 July 2010, Linda Silberman, Martin Lipton Professor of Law, New York University School of Law and Scholar-in-Residence at Wilmer Cutler Pickering Hale and Dorr LLP presented the topic Transnational Securities Class Actions and in particular, the problem of the "f-cubed" (foreign-cubed) securities case. The f-cubed case presents the situation where claims in state A are brought by purchasers who reside outside state A and who purchased their securities from non-state A issuers on exchanges outside state A. Among the issues raised by these cases are: (1) In what circumstances should a court exercise jurisdiction over a multinational securities action? (2) Which country's securities laws should apply in such a case? (3) Will court decisions or settlements of these actions be recognised in other jurisdictions? The discussions centered on the most recent decision in Morrison v. National Australia Bank Ltd where the United States Supreme Court determined the reach of U.S. jurisdiction and the application of U.S. securities laws in this situation. The seminar was chaired by The Rt Hon the Lord Collins of Mapesbury, Justice of the Supreme Court of the United Kingdom.

The Brussels Law Factory: How EU Law Making Transforms National Private Law

On 24 February 2010, the Institute presented The Brussels Law Factory: How EU Law Making Transforms National Private Law. The event featured Franz Werro, Professor at the University of Fribourg, Switzerland, and at Georgetown University Law Center, Washington D.C. He focused on the way in which the implementation and interpretation of European directives interferes with the structure of national private law. By means of practical examples the speaker analysed some of the more dramatic features of lawmaking at the EU and national levels.

EU Regulates Cross Border Successions: First Reaction to the Commission Proposal

The first autumn 2009 event, which took place on November 10, related to an initiative undertaken on October 14 by the European Commission. The Commission has adopted its long awaited proposal on succession and wills. The event EU regulates Cross Border Successions: First Reaction to the Commission Proposal offered a platform for analysis and debate on this EU initiative which tends to simplify successions with cross border elements and to strengthen legal certainty in this area of large impact for every citizen. The proposed instrument will lead to uniform rules on the determination of competent authorities and the applicable law. As the proposal links both, competence and applicable law, primarily to the habitual residence of the decedent, it will overturn the private international law foundations of many European States. This event enabled the participants to obtain first responses of leading experts in the law of succession regarding the advantages and disadvantages of the suggested instrument. The discussions were of utmost importance to UK specialists in the area of succession and wills, as the UK has to decide whether or not to declare an opt-in to this instrument. For further information on the proposed regulation and the UK Ministry of Justice Consultation, please see the Ministry's European Commission Proposal on Succession and Wills Consultation Paper. For a critical appraisal of the proposed regulation see the paper of Richard Frimston and the Minutes of Evidence from the House of Lords Select Committee on the European Union given by Professor Paul Matthews.

DATES FOR YOUR DIARY

Property Rights of International Couples
Attention: The EU Intervenes

Tuesday 7 June 2011, 15:15 to 19:00, followed by drinks reception

Location:
British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London, WC1B 5JP

Participants:

Richard Frimston, Partner, Russell Cooke; London
Professor Jonathan Harris, University of Birmingham; Serle Court
James Carroll, Partner, Russell Cooke; London
Emma Burgess, UK Ministry of Justice; London
Professor Beatriz Campuzano Diaz, Universidad de Sevilla
Professor Andrea Bonomi, Université de Lausanne
Professor Barbara Reinhartz, University of Amsterdam

What is this event about?

This event provides a forum for debate and discussion of two new EU legislative proposals: the Regulations on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property rights and regarding the property consequences of registered partnerships which the EU has issued in March 2011. In concert with the proposed Regulation on international successions and the legislation on international divorces these texts will change the EU landscape profoundly in the near future. What will be the consequences for estate planning if the UK would or would not participate in these Regulations? Speakers will reflect upon the current situation in the UK and its present shortcomings and on the advantages and disadvantages of the proposed regimes. They will also highlight the relationship of the new texts with the Rome III and the Brussels IIbis Regulations, with the currently debated proposal for an EU Regulation on successions and with related work of the Hague Conference. Individual presentations will be followed by a round table discussion.

This event is kindly sponsored by Russell Cooke Solicitors

Focus on Collective Redress - What now, what next?

Monday 27 June 2011 14:15 to 18:00

British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP

Participants:

Katia Lenzing, European Commission
Avv Massimo Todisco, CODACONS, Italy
Gerard McDermott QC, Outer Temple Chambers
Professor Dr Astrid Stadler, University of Konstanz, Germany
Rob Murray, Crowell & Moring LLP
David Burstyner, Omnibridgeway
Bert Foer, AAI
Christine O'Neill, Brodies LLP, Edinburgh
Stijn Franken, NautaDutilh, the Netherlands

Dr Duncan Fairgrieve, British Institute of International and Comparative Law
Vincent Smith, British Institute of International and Comparative Law
Dr Eva Lein, British Institute of International and Comparative Law

What is this event about?

Following the European Commission's further consultation on a European collective redress system and announcements in the UK on developing collective redress regimes here, the event looks at recent changes in the area over the last few months in selected European jurisdictions and what effect they are likely to have. There will also be an emphasis on the practical issues around starting and continuing a collective redress action. The event is aimed at practitioners, academics and others with an interest in collective redress across a range of practice areas.

This event is kindly sponsored by:

Cromwell Moring

Omni Bridgeway

Michael Patchett Joyce & Gerard McDermott, Outer Temple Chambers