Herbert Smith Seminar Series on Private International Law
Jacob van de Velden, Director
Justine Stefanelli, Research Fellow
Andrew Dickinson, Visiting Fellow
View the 2007-2008 programme
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Dates for your diary
- 25 September
From Samengo-Turner to Duarte: Jurisdiction and Applicable Law in the Context of Employment
- February 2009
Finality in International Litigation and Arbitration: Res Judicata in National, European and International Law
This conference is the culmination of a project titled funded by the European Commission as part of its 2006 EU framework programme on judicial cooperation in civil matters. The project and the conference are coordinated by the British Institute of International and Comparative Law. The first day focuses on the practice of domestic courts involved in international litigation. The second day will consist of specialised sessions on the practice of international courts and (arbitration)tribunals highlighting the significance of res judicata in international and European law. The conference will feature several keynote speeches on issues such as whether res judicata can be considered a general principle of law, and its potential impact on human rights in light of Article 6(1) of the European Convention on Human Rights. Full conference programme forthcoming.
- 9 October 2008
A New EU Regime for Cross-border Torts: The Rome II Regulation
The conference deals with the forthcoming Rome II Regulation on the law applicable to cross-border torts. This Regulation, which enters into force in 2009, will launch a novel EU regime for cross-border torts in determining the law applicable to non-contractual obligations. The proper functioning of the internal market apparently creates a need to improve the predictability of the outcome of cross-border litigation by providing certainty as to the applicable law, aside from the free movement of judgments guaranteed by the Brussels I Regulation. Rome II therefore harmonises the conflict-of-law rules in the Member States to designate the same national law irrespective of the country of the court in which an action is brought. Full conference programme forthcoming.
The following issues will be adressed:
- The Scope of the New Regime
- The Application of Rome II by the English Courts: Questions that May Arise
- The Rules of Applicable Law of the New Regime
- Significant Changes for Law and Practice in England
- What remains to be done for the EU Regime for Cross-border Torts?
- The interrelation of the Rome II and (prospective) Rome I Regulations
- Interrelation of Rome II and other Community Law
- Interrelation of Rome II with Rome I
In addition, the conference will feature specialist sessions for specialists on international litigation in the following areas:
- Unfair competition
- Product liability
- IP-infringement
- Environmental liability
- Cross-border traffic accidents and insurance
The Herbert Smith Seminar Series on Private International Law
'...the British Institute constitutes a regular and high-level forum where practitioners and academics can meet and discuss the pressing issues and developments in the field of private international law in the UK and abroad.' (Former Institute Director, Professor Gillian Triggs)
This seminar series places the Institute's activities in the field of private international law in a central position within its international law programme. The series has been kindly sponsored by Herbert Smith since 2006. The 2007-2008 series continues with evening seminars presented by leading academics and practitioners, who explore developments of topical importance for current legal practice and study in the field of private international law.
The series was launched on 11 July 2007 with a highly successfull seminar on the West Tankers Inc v RAS & Others [2007] UKHL 4, concerning the Brussels I Regulation and its application in relation to antisuit injunctions and arbitration. In November 2007, the recognition of the Bear Stearns insolvency proceedings in the US was addressed. On 17 April this year, the cross-border insolvency regimes for financial groups will be discussed. Moreover, following recent developments in case law and legislation, the Institute organises short-notice seminars following developments, for example up-dates on the West Tankers ECJ reference.
More generally, the series is dedicated to an important (re)evaluation of the British landscape in the field of private international law which is subject to increasing processes of cultivation at the European Community level, and important developments at the international level, for example with the establishment of several important Conventions at the Hague Conference for Private International Law.
Below you will find references to past and future seminars in the series. This page is also used to publish the transcripts which are prepared shortly after each seminar for the benefit of the Institute's members. You can also subscribe to the Institute's online discussion list.
I look forward to meeting you at one of the forthcoming events.
Jacob van de Velden
British Instiute of International and Comparative Law
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Private international law discussion list
If you have a particular interest in private international law you are encouraged to sign up to the Institute's Private International Law Discussion List. The list currently has over 200 expert members.
2007-2008 Seminar Series
2008 Seminars
23 June 2008
Group Actions, including Class Actions: Cross-border Aspects
Chair: Alex Layton QC (Chairman of the Board of Trustees, British Institute of International and Comparative Law and 20 Essex Street)
18 June 2008
The Rome I Regulation: the UK Set to Opt-in
Chair: The Rt Hon Lady Justice Arden
16 June 2008
Matrimonial Property Regimes in the Conflict of Laws: A European Regime?
Chair: The Rt Hon Lord Justice Thorpe
17 April 2008
Financial Groups: A Fragmented EU Insolvency Regime
Chair: The Rt Hon Mr Justice David Richards
2007 Seminars
26 November
Bear Stearns: Recognition of Foreign Insolvency Proceedings in the US
Chair: The Hon Mr Justice Lightman
Transcript of the seminar (forthcoming)
11 July
West Tankers: Anti-Suit Injunctions to Protect Arbitration Agreements
Chair: The Rt Hon Lord Justice Lawrence Collins
Transcript of the seminar (forthcoming)
2006-2007 Seminar Series
2007 Seminars
17 May (Glasgow)
Rome I and Rome II - What Europe has in mind
Chair: The Rt Hon Lord Gill, Lord Justice Clerk
7 March
Cross-border Debt Collection: Attachment of Bank Accounts
Expert and Stakeholder Meeting
Transcript of the seminar (forthcoming)
22 January - II
The Future of International Patent Litigation in Europe
Chair: The Hon Mr Justice Kitchin
Transcript of the seminar (forthcoming)
22 January - I
Chair: The Rt Hon Lord Justice Jacob
Transcript of the seminar (forthcoming)
15 January
Non-justiciability: Reappraisal of Buttes Gas in the Light of Recent Decisions
Chair: The Rt Hon Lord Bingham
Transcript of the seminar (forthcoming)
2006 Seminars
18 December
Civil Remedies for Torture in the UK Courts: Jones v Saudi Arabia
Chair: Professor Gillian Triggs
Transcript of the seminar (forthcoming)
21 November
Chair: The Hon Mr Justice Lawrence Collins
24 October
The Future of Private International Law in England and Wales
Chair: The Rt Hon Lord Mance
26 June
The Cross-Border Use of Public Documents in the EU
Chair: David Anderson QC, Brick Court Chambers
26 April
European Commission's Rome I Proposal
Chair: The Rt Hon Lady Justice Arden
2 CPD hours may be 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 private international law series, please do not hesitate to contact Jacob van de Velden at j.vandevelden@biicl.org.



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