The Herbert Smith Private International Law Seminar Series

Herbert Smith Senior Research Fellow: Eva Lein




The Seminar Series


The British Institute of International and Comparative Law organises a Seminar Series on Private International Law, which, since 2006, has been kindly sponsored by Herbert Smith. It consists of several seminars in each year, during which leading academics, lawyers, judges and other specialist practitioners as well as government and intergovernmental officials and others present and debate recent developments of topical importance for current legal practice and research in the field of Private International Law. There is a general focus on areas of commercial interest.

The series considers the European Private International Law system as well as the global issues of Private International Law, which have an important impact on UK law and practice. For example, the increasing interest of the European Union to harmonise Conflict of Laws and Jurisdictions in the EU and the EC membership in the Hague Conference on Private International Law created new dynamics and augmented the need to impart knowledge of and exchange ideas on international and European aspects of Private International Law.


Recent Events

On 30 June 2010 the British Institute of International and Comparative Law hosted a seminar highlighting New Developments in Arbitration Law and Practice - From Class Arbitration to Brussels I. Three recent decisions were discussed by Jan Kleinheisterkamp, Lecturer in International Commercial Arbitration and Contracts (LSE), Arbitrator in ICC and LCIA Arbitration; Loukas Mistelis, Professor, Queen Mary, University of London; Director of the School of International Arbitration, Centre for Commercial Law Studies (CCLS); and Matthew Weininger, Partner, Litigation and Arbitration, Herbert Smith LLP, London: The US Supreme Court decision in Rent-A-Centre v Jackson relating to the issue of Kompetenz-Kompetenz and unconscionable arbitration agreements; the US Supreme Court decision in Stolt-Nielsen v. Animalfeeds International concerning the admissibility of class arbitration and the UK response to West Tankers in National Navigation v. Endesa. The application of the Brussels I Regulation in disputes subject to arbitration, to which the latter decision refers, is still issue that raises numerous questions and has potential consequences for the future of the UK as a seat of arbitration.

On 9 February 2010, the Seminar Series hosted the event Private International Law - Challenges for Today's Markets. The conference brought together practitioners from various industry sectors to exchange views on private international law problems they currently encounter. The speakers discussed several topics, such as the difficult new rules in the Rome I regulation on financial market contracts, problems arising in the field of Swaps and Derivatives and in the Energy sector and generally at the pitfalls of Private International Law for business contracts between important market players.

On 9 December 2009 the Seminar Series presented Jurisdiction Agreements on Trial: Current Problems - Future Solutions at the Institute. Cases such as UBS v. Nordbank, Deutsche Bank v. Asia Pacific Broadband Wireless and Highland Crusader v. Deutsche Bank have shown that many issues remain to be discussed, be it on the effect of non-exclusive jurisdiction agreements, potentially conflicting jurisdiction agreements or consent under Art. 23 of the Brussels I Regulation. Barbara Dohmann QC of Blackstone Chambers set the scene by presenting four recent UK cases, including those mentioned above. She was followed by Professor Jonathan Harris of the University of Birmingham and Serle Court Chambers, who highlighted the issues in relation to choice of court agreements which need to be considered during the Brussels I review. Finally, Professor Trevor Hartley of LSE presented the 2005 Hague Convention on Choice of Court Agreements shedding light on the delicate interplay of European and international Private International Law Instruments relating to forum selection. The event was chaired by Professor Filip De Ly of Erasmus University. If you are interested in further reading on the topic, a list of references by the speakers is available here.

CPD hours may be claimed by both solicitors and barristers through attendance at the events in this seminar series.

If you have any questions on the Herbert Smith Private International Law Series, please do not hesitate to contact Eva Lein at e.lein@biicl.org.


DATES FOR YOUR DIARY

27 September 2010, 15.30 to 19:00, followed by a reception

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

Chair: Alexander Layton, Barrister, 20 Essex Street, London

Speakers:
William Bennett, Barrister, 5 Raymond Buildings; London
Andrew Dickinson, Solicitor; Consultant, Clifford Chance; London
Charles Dougherty, Barrister, 2 Temple Gardens, London
Thomas Kadner Graziano, Professor, University of Geneva
Pamela Kiesselbach, Solicitor, Herbert Smith LLP
Marie Louise Kinsler, Barrister, 2 Temple Gardens, London
Andrew Scott, Lecturer, All Souls College, Oxford

What is this event about?

This event provides a forum for debate and discussion of the practical problems surrounding the application of the Rome II Regulation. After a brief review of its main features, recent English case law, such as Jacobs v. Motor Insurance Bureau [2010] EWHC 231(QB), Homawoo v GMF Assurance SA [2010] EWHC 1941(QB) and Bacon v Nacional Suiza [2010] EWHC 1941(QB) will be presented along side examples of foreign case law, e.g. of the German Supreme Court.
The second panel will highlight selected key issues of current debate, such as the relationship between the Rome II and the Brussels I Regulations, the assessment of damages post Rome II or, notably, the controversial issue of Rome II and defamation. These topics and others will be presented by the speakers and opened up to the floor for reflection.



  • For further private international law events outside the Herbert Smith Series please click here.


PAST EVENTS


2009-2010 Events (for further private international law events outside the Herbert Smith Series please click here)

New Developments in Arbitration Law and Practice - From Class Arbitration to Brussels I

Private International Law - Challenges for Today's Markets

Jurisdiction Agreements on Trial: Current Problems - Future Solutions

Lis Pendens in International Litigation

Enforcing Arbitration Agreements: West Tankers - Where are we? Where do we go from here?

2008 Events

Group Actions, including Class Actions: Cross-border Aspects

The Rome I Regulation: the UK Set to Opt-in

Matrimonial Property Regimes in the Conflict of Laws: A European Regime?

Financial Groups: A Fragmented EU Insolvency Regime

2007 Events

Bear Stearns: Recognition of Foreign Insolvency Proceedings in the US

West Tankers: Anti-Suit Injunctions to Protect Arbitration Agreements

Rome I and Rome II - What Europe has in mind

Cross-border Debt Collection: Attachment of Bank Accounts

The Future of International Patent Litigation in Europe

Jurisdiction in IP Disputes

Non-justiciability: Reappraisal of Buttes Gas in the Light of Recent Decisions

2006 Events

Civil Remedies for Torture in the UK Courts: Jones v Saudi Arabia

Substance and Procedure in the Law Applicable to Torts: Harding v Wealands and the Rome II Regulation

The Future of Private International Law in England and Wales

The Cross-Border Use of Public Documents in the EU

European Commission's Rome I Proposal

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