Tags » Conflict Of Laws /Private International Law

Federal Arbitration Act Preempts Florida State Statute Which Prohibits Out-of-State Resolution of Construction Claims Involving Florida Real Property

Sachse Constr. & Dev. Corp. v. Affirmed Drywall, Corp., 2018 Fla App. Lexis 9998 (July 18, 2018)

Sachse Construction, a Michigan-based general contractor, entered into a subcontract (the “Subcontract”) with Affirmed Drywall Corp. 411 more words


Geert van Calster reblogged this on gavc law - geert van calster and commented:

Reference to the similar law in New York was made in Dankor: see https://wp.me/p289fR-1l2. This judgment puts pressure on the use of ordre public to enforce 'local courts only' rules, although prima facie at least the finding is limited to the FAA hence arbitration proceedings.

Prize time! 9th Grand Prix Jean Bastin 2019

It is with great pleasure that I spread the word, at the request of my esteemed colleague prof em Herman Cousy, on the Grand Prix Jean Bastin – to the tune of €20,000.00 and therefore a rather prestigious prize indeed. 749 more words

Conflict Of Laws /Private International Law

Bot AG in Liberato: violation of lis alibi pendens rules does not justify refusal of enforcement on grounds of ordre public.

Advocate-General Bot opined on 6 September in C-386/17 Liberato. (Not as yet available in English). The case is slightly complicated by the application of not just former Regulation 44/2001 (Brussels I) but indeed a jurisdictional rule in it (5(2)) on maintenance obligations, which even in Brussels I had been scrapped following the introduction of the Brussels IIa Regulation. 143 more words

Conflict Of Laws /Private International Law

Puigdemont v Spain before the Belgian (civil) courts. Some thoughts.

In this post I, unusually, offer questions rather than tentative answers. I hope you’ll enjoy the pondering and of course I have ideas of my own on all of these issues. 377 more words

Conflict Of Laws /Private International Law

Arbitration and the European account preservation order. A primer from the Polish courts.

Thank you Pawel Sikora for flagging some time back, and subsequently analysing in detail (p.221 onwards) the decisions of the Polish Courts particularly at Reszow, on whether  arbitrated claims can be secured with a European account preservation order under Regulation 655/2014: not something I recall having been discussed elsewhere before.  126 more words

Conflict Of Laws /Private International Law

The Irish High Court in Albaniabeg v Enel: enforcement of ex-EU judgments.

Reminiscent of the decision in Yukos v Tomskneft, which concerned recognition of an arbitral award in Ireland even though there were no relevant assets to exercise enforcement against, the Irish Court of Appeal earlier this year in IECA 46… 418 more words

Conflict Of Laws /Private International Law