Unamar and lois de police in the Rome Convention /Rome I Regulation
The Court of Justice has an opportunity to clarify the exact relationship between mandatory and overriding mandatory provisions of EU and national law under the Rome Convention on applicable law to...
View ArticleWahl AG in Unamar: national gold-plating of Union law does qualify as lois de...
I flagged earlier that regardless of the outcome for the Unamar case itself, an important consideration would be what the Court’s eventual answer will teach us about the Rome I Regulation on the...
View Article‘The Bundesgerichtshof was wrong to deny choice of court in favour of...
Such would be the title for a perfect exam question for an advanced conflict class. It would also kill the bird of making the point of German law and scholarship being particularly relevant to conflict...
View ArticleUnamar: Better get those travaux préparatoires out. The ECJ does not rule out...
I reported earlier on the AG’s Opinion in Unamar, Case C-184/12. The Court held this morning. The facts of the case were as follows: in 2005, Unamar, as commercial agent, and NMB, as principal,...
View ArticleBelgian supreme court holds on gold-plated provisions in Unamar. Appeal...
Writing a case-note on Unamar is becoming an ever moving target: the Belgian Supreme Court (Hof van Cassatie /Cour de Cassation) held on 12 September, following the ECJ’s judgment in same – I would...
View ArticleFern v Intergraph: High Court takes a narrow view of mandatory requirements...
In Fern v Integraph, Mann J was asked whether a clear Texas governing law and Texas jurisdiction clause should be set aside, jurisdiction upheld by the English courts and applicable law to be held to...
View ArticleT v O: Unamar, Ingmar and ordre public /overriding mandatory law in Austria.
Tobias Gosch and Venus Valentina Wong have excellent overview of T v O (why o why do States feel the need the hide the identity of companies in commercial litigation) in which the Austrian Supreme...
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