Rejecting the "conventional wisdom" that prevails in the field, he sees the conflict of laws not as a discipline devoid of substantive values but as a powerful catalyst for multistate justice.
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Here is a wide-ranging collection of essays on a variety of problems posed by transactions that transcend state and national borders. The essays include a comparison of jurisdiction issues in the United States and the European Communities, opinions on forum shopping, a critique of interest analysis techniques, and a plea for a comparative approach to choice-of-law issues. Invaluable studies in the extraterritorial application of United States antitrust law, recognition of foreign money judgments and divorces, and regional conventions round out the collection.
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Professor Lee Tye Beng, Joel
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Disclosure to be recorded in minutes Registry 6. Please provide search keyword s. The Regulations make separate provision for compensation where there is an identified insurer and where there is no identified insurer.
Dutch Private International Law: The Act Regarding Conflict of Laws on Torts | SpringerLink
Both involved road accidents in Germany, with the paying insurer seeking to exercise subrogation rights against another insurer whose assured was also potentially liable for the same claim. In each case the questions referred to the CJEU concerned the determination of the law applicable to the subrogation claim. The essence of those rules is that an assured may bring proceedings against an insurer in the domicile of either, whereas an insurer may bring proceedings against the assured only in the domicile of the assured.
The Court of Appeal decision applies the principles laid down by the Supreme Court to the facts of the case.
Family law in Canada: Ontario: overview
ACE European Group Ltd and Others v Howden North American Inc and Another  EWCA Civ , a judgment of the Court of Appeal, overturning the first instance decision of Field J,  EWHC Comm , is a sequel to earlier English proceedings in which Beatson J, in a judgment upheld by the Court of Appeal, decided that it was appropriate for the English courts to assert jurisdiction to grant negative declaratory relief in respect of the meaning of liability insurance policies in order to pre-empt any US decision applying some other law giving wider coverage than under English law.
It is common for reinsurers to be faced with a claim from a reinsured against whom proceedings on the direct policy have yet to be concluded. The jurisdiction in which an insurance case is heard is often critical to the outcome, as the court will apply its own choice of law rules to the contract and those rules may point to an applicable law whose content is quite different from that of English law. Jurisdictional battles are thus fought with some intensity. Insurance and reinsurance disputes are often preceded by jurisdictional battles.
This is unsurprising, because the place in which a case is heard will be significant for a determination of the law applicable to the contract in question and the application of the rules of construction under that law. Where the parties have agreed to subject their contract to English law, and an issue as to whether the English courts should assert jurisdiction over any dispute arises, the fact that English law is the applicable law will generally make it appropriate for the English courts to hear the action.
However, that is not an absolute rule.