Conflict of Laws — Overview
Publications
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Showing all 59 Conflict of Laws publications currently held in our database
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Journal Articles
2013
A Briggs, 'Recognition of Foreign Judgments: A Matter of Obligation' (2013) 129 (2013) Law Quarterly Review, Sweet & Maxwell 87 [...]
Evaluation of the theory explaining which foreign judgments have an effect (and if any, what effect) in the English legal order.
ISBN: 0023-933X
2012
A Briggs, 'The subtle variety of jurisdiction agreements' (2012) informa; Lloyd's Maritime & Commercial Law Quarterly 364 [...]
Analysis of and reflection upon the various functions of jurisdiction agreements at common law and in the regime of the Brussels I Regulation
ISBN: 0306 2945
2011
A Briggs, 'Foreign Judgments: The Common Law Flexes its Muscles' (2011) Trusts & Trustees [...]
DOI: 10.1093/tandt/ttr030
Note on developments in the law on foreign judgments which may be material in the particular field of trusts and trustees.
A Briggs, 'What shold be done about jurisdiction agreements ?' (2011) 12 Yearbook of Private International Law / Sellier European Law Publishers 311 [...]
Consideration of the approach to be taken to disputed jurisdiction agreements in the particular context of the proposals for the reform of the Brussels I Regulation.
ISBN: 9783866531895
2010
A Briggs, 'Decisions of Brtish Courts in 2009: Private International Law' (2010) 80 Oxford 575 [...]
Survey and analysis of decisions of British courts on questions of private international law in 2009
ISBN: 9780199597024
2009
A Briggs, 'Decisions of British Courts 2008: Private International Law' (2009) 79 OUP 501 [...]
Survey and analysis of decisions of British courts on questions of private international law in 2008
ISBN: 9780199580392
2008
A Briggs, 'Decisions of British Courts in 2007: Private International Law' (2008) 78 British Yearbook of International Law 588 [...]
Analysis of decsions of English courts in cases involving questions of private international law in 2007
ISBN: 9780199547401
2007
A Briggs, 'The cost of suppressing insurrection' (2007) 123 Law Quarterly Review 182 [...]
Analysis of the issues raised by the decision in Mbasogo, President of Equatorial Guinea v Logo
ISBN: 0023933X
A Briggs, 'The further consequences of choice of law' (2007) 123 Law Quarterly Review 18 [...]
Analysis of basis for and potential consequences of decisions in Trafigura v Kookmin
ISBN: 0023933X
A Briggs, 'Who is bound by the Brussels Regulation ?' (2007) Lloyd's Maritime & Commercial Law Quarterly 433 [...]
Analysis of the reasoning in and law underpinning the grant of anti-suit injunctions and the Brussels Regulation in the light of Samengo Turner v March & McLennan
ISBN: 0306-2945
WG Ringe, 'Überseering im Verfahrensrecht' - Zu den Auswirkungen der EuGH-Rechtsprechung zur Niederlassungsfreiheit von Gesellschaften auf das Internationale Zivilprozessrecht' (2007) IPRax 388 [...]
article on the Überseering case and international jurisdiction issues
ISBN: 072-06585
2006
A Briggs, 'Jurisdiction over defences and connected claims' (2006) Lloyd's Maritime & Commercial Law Quarterly 447 [...]
Analysis of three decisions of European court on special jurisdiction under the Brussels Convention and Regulation
ISBN: 03062945
A Briggs and T C Neoupokoeva (trs), 'Recognition and enforcement of Russian Judgments in England' (2006) 2006-3 Vyestnik: Journal of International Legal Institute of the Ministry of Justice of the Russian Federation 77 [...]
Analysis of the rules of English private international law as they apply to the recognition and enforcement of Russian judgments in England
A Briggs, 'The meaning and proof of foreign law' (2006) Lloyd's Maritime & Commercial Law Quarterly '1 [...]
Analysis of renvoi and the proof of foreign law in local litigation in the light of Nielson v OPC.
ISBN: 0306-2945
2005
A Briggs, 'A Note on the Application of the Statute Law of Singapore within its Private International Law' (2005) Singapore Journal of Legal Studies 189 [...]
Analysis of the problems of interpreting legislation which is silent as to its international reach.
ISBN: 0218-2173
A Briggs, 'Distinctive aspects of the conflict of laws in common law systems: Autonomy and agreement in the conflict of laws' (2005) 308 The Doshisha Hogaku (The Doshisha Law Review) 21 [...]
Examination, for the benefit of a civilian audience, of the extent to which the rules of the common law conflict of laws may be seen as dependent on private law notions of agreement and consent.
ISBN: 0387-7612
A Briggs, 'Forum non conveniens and Ideal Europeans' [2005] Lloyd's Maritime and Commercial Law Quarterly 378 [...]
Analysis of the principle of reflexive effect in the interpretation of the Judgments Regulation
ISBN: 0306-2945
A Briggs, 'The Death of Harrods: Forum non Conveniens and the European Court' (2005) 121 Law Quarterly Review 535 [...]
The scope of the doctrine of forum non conveniens in cases where jurisdiction is founded on the Judgments Regulation (44/2001/EC)
ISBN: 0023-933X
A Briggs, 'Thre Impact of Recent Judgments of the European Court on English Procedural Law and Practice' (2005) 124 (2005) II Zeitschrift fur Schweizerisches Recht 231 [...]
Examination of recent developments and assessment of their weaknesses.
ISBN: 3-7190-2570-5
W E Peel, 'Forum Non Conveniens and European Ideals' (2005) Lloyds Maritime and Commercial Law Quarterly 363 [...]
An article assessing the scope for a discretionary stay of proceedings commenced pursuant to Council Regulation (EC) 44/2001 in the aftermath of the decision of the ECJ in Owusu v Jackson
ISBN: 0306 2945
2004
A Briggs, 'Anti-suit injunctions and Utopian ideals' (2004) 120 LQR 529 [...]
Analysis of the law on anti-suit injunctions in the light of the decision in Turner v Grovit.
ISBN: 0023-933X
A Briggs, 'Public-private law protective schemes and the conflict of laws' [2004] LMCLQ 313 [...]
Analysis of rules of enforcement of foreign judgments in the area of consumer-protection legislation, prompted by Rebb Evans v European Bank Ltd
ISBN: 0306-2945
Books
2012
Lord Collins of Mapesbury and others, Dicey, Morris and Collins on The Conflict of Laws (Lord Collins of Mapesbury, 15th edn, Sweet & Maxwell 2012) [...]
The ultimate work for scholars, practitioners, and judges on private international law
ISBN: 9780414024533
2009
A Briggs, Civil Jurisdiction and Judgments, Fifth Edition (P J Rees (no authorial role), informa 2009) [...]
The law on civil jurisdiction and the recognition of judgments
ISBN: 9781843118152
2008
A Briggs, Agreements on Jurisdiction and Choice of Law (OUP: Oxford Private International Law Series 2008) [...]
Analysis of common and European law as it governs and relates to agreements on jurisdiction and choice of law, including attention to scope, validity, drafting, and enforcement by direct and indirect means.
ISBN: 9780199282302
A Briggs, The Conflict of Laws (Clarendon Law Series, Oxford University Press 2008) [...]
Second and revised edition of The Conflict of Laws
ISBN: 978019953966-6
2006
A Briggs and others, The Conflict of Laws (14th edn, Thomson 2006) [...]
Definitive statement of the rules of Private International Law
ISBN: 042188360X
Chapters
2012
WG Ringe and A Hellgardt, 'Transnational Issuer Liability after the Financial Crisis: Seeking a Coherent Choice of Law Standard' in D Fairgrieve and E Lein (eds), Extraterritoriality and Collective Redress (OUP 2012) [...]
Collective litigation against issuer fraud appears increasingly in an international context. In times of financial crises, this brings one question into the centre of attention which had not been discussed exhaustively before: In the situation of a securities liability towards investors in an international context, which is the applicable law to the liability claim? The harmonisation of private international law rules in Europe gives rise to new reflections on the problem of international issuer liability. In the United States, on the other hand, the Supreme Court has just ruled for the first time on matters relating to the international application of the US securities regulation thereby overruling the settled case-law of decades. This paper understands the role of issuer liability in a broader context as a ‘corporate governance’ device and, from this starting point, develops a new approach to the legal problem of cross-border securities class actions.
ISBN: 9780199655724
2011
A Briggs, 'The development of principle by a final court of appeal in matters of private international (common) law' in Lee (ed), From House of Lords to Supreme Court (Hart 2011) [...]
Analysis of what the Supreme Court might properly have contributed to the development of principle in private international law, and of why it is improbable that it will get much chance to do so.
ISBN: 9781849460811
A Briggs, 'The Rejection of Abuse in International Civil Procedure' in Rita de la Feria and Stefan Vogenauer (eds), Prohibition of Abuse of Law (Hart Publishing 2011) [...]
Analysis of the principe of abuse of law as a component (or not) of private international law so far as this is governed by European Union law.
ISBN: 978184113988
Simon Whittaker, 'The Product Liability Directive and Rome II Article 5: 'Full Harmonisation' and the Conflict of Laws' in C. Barnard and O. Odudu (eds), Cambridge Yearbook of European Legal Studies (Richard Hart 2011)
2008
A Briggs, 'Misappropriated and Misapplied Assets and the Conflict of Laws' in Degeling and Edelman (eds), Unjust Enrichment in Commercial Law (Lawbook Co 2008) [...]
Analysis of whether Unjust Enrichment is a coherent characterisation category for choice of law, and if not, what approach makes more sense of the principle and of the cases.
ISBN: 9780455225043
2007
A Briggs, 'Contractual Agreements on Choice of Law' in Burrows & Peel (eds), Contract Terms (OUP 2007) [...]
Analysis of the extent to which it is possible to draft and enforce agreements on choice of law, which goes beyond the simple choice of law for contacts.
A Briggs, 'Decision of British Courts in 2006: Private International Law' in Crawford and Lowe (eds), The British Year Book of International Law 2006 (Oxford 2007) [...]
Survey and analysis of British decisions on issues of private international law in 2006.
ISBN: 978-019-923898-9
A Briggs, 'English Private Law: Private International Law' in Burrows (ed), English Private Law (Oxford UP 2007) [...]
English Private International Law, as part of the volume on English Private Law.
ISBN: 978-019-922794-5
2006
A Briggs, 'Decisions of British Courts: Private International Law' in Crawford, Lowe (eds), British Year Book of International Law 2005 (77) (Oxford University Press 2006) [...]
Analysis of decisions of British Courts on issues of private international law for 2005
ISBN: 199202761
W E Peel, 'The Legacy of Penn v Lord Baltimore' in Timothy Endicott, Joshua Getzler, and Edwin Peel (eds), Properties of Law: Essays in Honour of Jim Harris (OUP 2006)
2005
A Briggs, 'Decisions of British Courts During 2004: Private International Law' in British Year Book of International Law (Oxford University Press 2005) [...]
Survey and analysis of decisions of English courts involving questions of private international law
ISBN: 199284938
A Briggs and others, 'Learning to learn from others in Europe in commercial litigation' in Grenzueberschreitungen Beitraege zum Internationalen Verfahrensrecht und zur Schiedsgerichtsbarkeit: Festschrift fuer Peter Schlosser zum 70. Geburtstag ( 2005) [...]
Analysis of the value of judicial cooperation and understanding in European Commercial Litigation
ISBN: 3-16-148634-X
2004
A Briggs, 'Decisions of British Courts during 2003: Private International Law' in British Year Book of International Law (Oxford University Press 2004) [...]
Survey and analysis of decisions of English courts on all matters of private international law in 2003
ISBN: 019 926785 5
2002
W E Peel, 'The Brussels Convention 1999-2000' in Yearbook of European Law 2001 (Oxford University Press 2002) [...]
A survey of the decisions of the European Court of Justice in 1999-2000 on the interpretation of the Brussels Convention 1968
ISBN: 0-19-924340-9
Edited books
2007
W E Peel (ed), Introduction, in Forum Shopping in the European Judicial Area (2007) (Hart Publishing 2007) [...]
An introductory report assessing the issues raised by the decisions of the ECJ in Owusu, Gasser & Turner
ISBN: 978-1-84113-783-4
Case Notes
2013
A Briggs, 'In for a penny, in for a pound.' (2013) informa / Lloyd's Maritime & Commercial Law Quarterly 26 [...]
Analysis of decision of Supreme Court in Rubin v Eurofinance and New Cap v Grant.
ISBN: 03062945
A Briggs, 'One-sided jurisdiction clauses: French folly and Russian menace' (2013) Lloyd's Maritime & Commercial Law Quarterly 137 [...]
Analysis of decisions of French Supreme Court and of Russian Supreme Court on efficacy of one-sided jurisdiction agreements
ISBN: 0306 2943
2011
A Briggs, 'Forum non satis: Spiliada and an inconvenient truth' (2011) Lloyd's Maritime & Commercial Law Quarterly 329 [...]
Note of the decision in AK Investment v Kyrgyz Mobil Tel
ISBN: 03062943
2010
A Briggs, 'Recogntion: foreign judgments or insolvency proceedings ?' (2010) Lloyd's Maritime & Commercial Law Quarterly 523 [...]
Consideration of the decision in and implications of Rubin v Eurofinance SA
ISBN: 03062943
A Briggs and J J Edelman, 'Restitution and not-so-local authority swaps' (2010) 126 Law Quarterly Review 500 [...]
Analysis of Depfa Bank v Haugesund Kommune
ISBN: 0023933X
A Briggs, 'Timeo Danaos on the Rock of Gibraltar' (2010) 126 Law Quarterly Review 20 [...]
Analysis of decision of Privy Council in Calyon v Michaelides
ISBN: 0023933X
2009
A Briggs, 'Fear and Loathing in Syracuse and Luxembourg' (2009) Lloyd's Maritime & Commercial Law Quarterly 161 [...]
Analysis of decision of European Court in C-185/07 Allianz SpA v West Tankers Inc.
ISBN: 03062945
A Briggs, 'When in Rome, choose as the Romans choose' (2009) 125 Law Quarterly Review 191 [...]
Analysis of the significance of the Rome I and Rome II Regulations for English private international law
ISBN: 0023-933X
W E Peel, 'Arbitration & anti-suit injunctions in the European Union' (2009) 125 Law Quarterly Review
2008
A Briggs, 'Construction of an arbitration agreement: deconstruction of an arbitration clause' [2008] Lloyd's Maritime and Commercial Law Quarterly 1 [...]
Analysis of decision in and consequences of Fiona Trust & Holding Corp v Privalov
ISBN: 0306 2945
A Briggs, 'Enforcing and reinforcing an English judgment' [2008] Lloyd's Maritime and Commercial Law Quarterly 421 [...]
Analysis of the post-judgment orders made in the Masri litigation, and their contribution to the enforceability of an English commercial judgment.
ISBN: 03062945
2007
A Briggs, 'A Map or a Maze: Jurisdiction and Choice of Law in the Court of Appeal' (2007) IX The Singapore Year Book of International Law 123 [...]
Analysis of decision of Singapore Court of Appeal in Rickshaw Investments Ltd v Nicolai, Baron von Uexkull.
ISBN: 17930448
2001
W E Peel, 'Forum Non Conveniens Revisited' (2001) 117 Law Quarterly Review 187 [...]
A casenote on the House of Lords' decision in Lubbe v Cape plc
ISBN: 0-421-755-407
Others
2012
A Briggs, 'The Principle of Comity in Private International Law' (2012) 354 Receuil des Cours: Collected Courses of the Hague Academy of International Law 65 [...]
Text of a course on the nature and role of comity in private inernational law derived from lectures given at the Hague Academy in June 2011
ISBN: 9789004227286
2011
A Briggs, 'The Brussels I bis Regulation appears on the horizon' (2011) Lloyd's Maritime & Commercial Law Quarterly 157 [...]
Analysis of principal proposals for amendment to Brussels I Reguation
ISBN: 0306-2945
Courses
The courses we offer in this field are:
Postgraduate
BCL
Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds
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The Conflict of Laws, or Private International Law, is concerned with private (mainly commercial) law cases, where the facts which give rise to litigation contain one or more foreign elements. A court may be asked to give relief for breach of a commercial contract made abroad, or to be performed abroad, or to which one or both of the parties is not English. It may be asked to grant relief in respect of an alleged tort occurring abroad, or allow a claimant to trace and recover funds which were fraudulently removed, and so on. In fact this component of the course, in which a court chooses which law or laws to apply when adjudicating a civil claim, represents its middle third. Prior to this comes the issue of jurisdiction; that is, when an English court will find that it has, and will exercise, jurisdiction over a defendant who is not English, or over a dispute which may have little to do with England or with English law. Closely allied to this is the question of what, if anything, may be done to impede proceedings which are underway in a foreign court but which really should not be there at all. The remaining third of the course is concerned with the recognition and enforcement of foreign judgments, to determine what effect, if any, these have in the English legal order.
In England the subject has an increasingly European dimension,not only in relation to the jurisdiction of courts and the recognition and enforcement of judgements but also for choice of law as it applies to contractual and non-contractual obligations. The purpose of the course is to examine the areas studied by reference to case law and statute, and to aim at acquiring an understanding of the rules, their operation and inter-relationship, as would be necessary to deal with a problem arising in international commercial litigation.
The teaching is principally in the hands of Adrian Briggs and Edwin Peel. In principle the course is introduced by a set of lectures, covered by a set of seminars which take the form of problem classes; and supplemented by a diet of tutorials.
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MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
[less]
The Conflict of Laws, or Private International Law, is concerned with private (mainly commercial) law cases, where the facts which give rise to litigation contain one or more foreign elements. A court may be asked to give relief for breach of a commercial contract made abroad, or to be performed abroad, or to which one or both of the parties is not English. It may be asked to grant relief in respect of an alleged tort occurring abroad, or allow a claimant to trace and recover funds which were fraudulently removed, and so on. In fact this component of the course, in which a court chooses which law or laws to apply when adjudicating a civil claim, represents its middle third. Prior to this comes the issue of jurisdiction; that is, when an English court will find that it has, and will exercise, jurisdiction over a defendant who is not English, or over a dispute which may have little to do with England or with English law. Closely allied to this is the question of what, if anything, may be done to impede proceedings which are underway in a foreign court but which really should not be there at all. The remaining third of the course is concerned with the recognition and enforcement of foreign judgments, to determine what effect, if any, these have in the English legal order.
In England the subject has an increasingly European dimension,not only in relation to the jurisdiction of courts and the recognition and enforcement of judgements but also for choice of law as it applies to contractual and non-contractual obligations. The purpose of the course is to examine the areas studied by reference to case law and statute, and to aim at acquiring an understanding of the rules, their operation and inter-relationship, as would be necessary to deal with a problem arising in international commercial litigation.
The teaching is principally in the hands of Adrian Briggs and Edwin Peel. In principle the course is introduced by a set of lectures, covered by a set of seminars which take the form of problem classes; and supplemented by a diet of tutorials.
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MSc (Master's in Law and Finance)
The Conflict of Laws, or Private International Law, is concerned with private (mainly commercial) law cases, where the facts which give rise to litigation contain one or more foreign elements. A court may be asked to give relief for breach of a commercial contract made abroad, or to be performed abroad, or to which one or both of the parties is not English. It may be asked to grant relief in respect of an alleged tort occurring abroad, or allow a claimant to trace and recover funds which were fraudulently removed, and so on. In fact this component of the course, in which a court chooses which law or laws to apply when adjudicating a civil claim, represents its middle third. Prior to this comes the issue of jurisdiction; that is, when an English court will find that it has, and will exercise, jurisdiction over a defendant who is not English, or over a dispute which may have little to do with England or with English law. Closely allied to this is the question of what, if anything, may be done to impede proceedings which are underway in a foreign court but which really should not be there at all. The remaining third of the course is concerned with the recognition and enforcement of foreign judgments, to determine what effect, if any, these have in the English legal order.
In England the subject has an increasingly European dimension,not only in relation to the jurisdiction of courts and the recognition and enforcement of judgements but also for choice of law as it applies to contractual and non-contractual obligations. The purpose of the course is to examine the areas studied by reference to case law and statute, and to aim at acquiring an understanding of the rules, their operation and inter-relationship, as would be necessary to deal with a problem arising in international commercial litigation.
The teaching is principally in the hands of Adrian Briggs and Edwin Peel. In principle the course is introduced by a set of lectures, covered by a set of seminars which take the form of problem classes; and supplemented by a diet of tutorials.
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People
Conflict of Laws teaching is organized by a Subject Group convened by:
Edwin Peel: Professor of Law
in conjunction with:
Adrian Briggs: Professor of Private International Law
Also working in this field, but not involved in its teaching programme:
Francis Reynolds: Emeritus Professor of Law at Worcester College
Wolf-Georg Ringe: Departmental Lecturer
