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

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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

Jurisdiction in IP Disputes

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

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

Chair: The Hon Mr Justice Lawrence Collins

Transcript of the seminar


24 October

The Future of Private International Law in England and Wales

Chair: The Rt Hon Lord Mance

Transcript of the seminar


26 June

The Cross-Border Use of Public Documents in the EU

Chair: David Anderson QC, Brick Court Chambers

Transcript of the seminar


26 April

European Commission's Rome I Proposal

Chair: The Rt Hon Lady Justice Arden

Transcript of the seminar


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.