CONFLICT OF LAWS
2025-2026
WEEK 1
1. What is Private International Law (PIL)?
• DeDinition
o Private International Law (PIL) (also called conflict of laws) governs private legal
disputes with an international element.
o Applies to:
§ Civil & commercial disputes
§ Family law (e.g. divorce, succession)
§ Situations involving individuals or companies across borders
• “International element” = key trigger
o A case is cross-border when it involves:
§ Parties in different countries
§ Events occurring in another country
o Need for:
§ Service of documents abroad
§ Evidence gathering abroad
§ Recognition/enforcement abroad
2. Cross-Border Disputes
• Core idea
o A cross-border dispute = one legal problem connected to multiple states
• Typical examples
o Travel accidents (e.g. Costa Concordia)
o Air crashes (Germanwings)
o Consumer transactions abroad
• Why this matters
o Creates legal complexity
o Two key consequences:
§ Multiple courts may have jurisdiction
• Defendant’s domicile
• Place of damage
• Place of contract
• Claimant’s residence
§ Different laws may apply
• Each court may apply different substantive law
• Determined by conflict-of-laws rules
, ConDlict of Laws
3. Lex Fori vs Applicable Law
• Lex fori
o = law of the forum (the court seized of the case)
• What lex fori governs:
o Procedure
§ Evidence
o Jurisdiction rules
o Conduct of proceedings
o Conflict-of-laws rules
• Key distinction
o Procedure: governed by Lex fori
o Substantive law: chosen via conDlict-of-laws
4. Domestic vs Cross-Border Disputes
• Domestic dispute
§ One country:
§ Court
§ Procedural law
§ Substantive law
• Cross-border dispute
o Court still national
o Procedure still lex fori
o BUT:
§ Substantive law may be foreign
• This is the core logic of PIL
5. The 3 Main Questions of PIL
• You must ALWAYS identify:
o Jurisdiction
§ Which court is competent?
o Applicable law
§ Which country’s law governs the dispute?
o Recognition & enforcement
§ Will a foreign judgment be recognised/enforced?
o + Ancillary issues:
§ Service of documents
§ Taking of evidence
§ European procedures
Page 2
, ConDlict of Laws
6. Methodology (HOW TO ANSWER EXAM QUESTIONS)
• PIL = FIRAC method
o Facts (international element)
o Characterisation
o PIL question
o Sources (EU, convention, national law)
o Scope
o Concurrence (which rule prevails?)
o Application
o Conclusion
• If you miss a step → your whole analysis may collapse
7. Sources of PIL
• Hierarchy
o EU law (most important)
§ Regulations (directly applicable)
o International conventions
§ e.g. Hague Conventions
o National law
• Scope of rules:
o Material (subject matter)
o Territorial (where applicable)
o Temporal (when applicable)
8. Concurrence (VERY EXAM-RELEVANT)
• Occurs when multiple legal instruments apply
• How to resolve:
o EU law usually prevails
o Check rules inside instruments
o Use Vienna Convention (for treaties)
Page 3
, ConDlict of Laws
9. Procedural Law (Context for PIL)
• What is procedural law?
o The “how” of litigation
o Covers:
§ Filing claims
§ Evidence
§ Trial process
§ Enforcement
• Key rule:
o Courts ALWAYS apply their own procedural law (lex fori)
10. Types of Procedural Systems
• Civil Law (Inquisitorial)
o Judge leads process
o Investigates facts
o Written codes
• Common Law (Adversarial)
o Parties control case
o Judge = neutral referee
o Strong evidence disclosure
• Hybrid systems
o Mix of both approaches
11. Goals of Civil Procedure
• Across all systems:
o Access to justice
o Truth-finding
o Efficiency
o Fairness / due process
Page 4
2025-2026
WEEK 1
1. What is Private International Law (PIL)?
• DeDinition
o Private International Law (PIL) (also called conflict of laws) governs private legal
disputes with an international element.
o Applies to:
§ Civil & commercial disputes
§ Family law (e.g. divorce, succession)
§ Situations involving individuals or companies across borders
• “International element” = key trigger
o A case is cross-border when it involves:
§ Parties in different countries
§ Events occurring in another country
o Need for:
§ Service of documents abroad
§ Evidence gathering abroad
§ Recognition/enforcement abroad
2. Cross-Border Disputes
• Core idea
o A cross-border dispute = one legal problem connected to multiple states
• Typical examples
o Travel accidents (e.g. Costa Concordia)
o Air crashes (Germanwings)
o Consumer transactions abroad
• Why this matters
o Creates legal complexity
o Two key consequences:
§ Multiple courts may have jurisdiction
• Defendant’s domicile
• Place of damage
• Place of contract
• Claimant’s residence
§ Different laws may apply
• Each court may apply different substantive law
• Determined by conflict-of-laws rules
, ConDlict of Laws
3. Lex Fori vs Applicable Law
• Lex fori
o = law of the forum (the court seized of the case)
• What lex fori governs:
o Procedure
§ Evidence
o Jurisdiction rules
o Conduct of proceedings
o Conflict-of-laws rules
• Key distinction
o Procedure: governed by Lex fori
o Substantive law: chosen via conDlict-of-laws
4. Domestic vs Cross-Border Disputes
• Domestic dispute
§ One country:
§ Court
§ Procedural law
§ Substantive law
• Cross-border dispute
o Court still national
o Procedure still lex fori
o BUT:
§ Substantive law may be foreign
• This is the core logic of PIL
5. The 3 Main Questions of PIL
• You must ALWAYS identify:
o Jurisdiction
§ Which court is competent?
o Applicable law
§ Which country’s law governs the dispute?
o Recognition & enforcement
§ Will a foreign judgment be recognised/enforced?
o + Ancillary issues:
§ Service of documents
§ Taking of evidence
§ European procedures
Page 2
, ConDlict of Laws
6. Methodology (HOW TO ANSWER EXAM QUESTIONS)
• PIL = FIRAC method
o Facts (international element)
o Characterisation
o PIL question
o Sources (EU, convention, national law)
o Scope
o Concurrence (which rule prevails?)
o Application
o Conclusion
• If you miss a step → your whole analysis may collapse
7. Sources of PIL
• Hierarchy
o EU law (most important)
§ Regulations (directly applicable)
o International conventions
§ e.g. Hague Conventions
o National law
• Scope of rules:
o Material (subject matter)
o Territorial (where applicable)
o Temporal (when applicable)
8. Concurrence (VERY EXAM-RELEVANT)
• Occurs when multiple legal instruments apply
• How to resolve:
o EU law usually prevails
o Check rules inside instruments
o Use Vienna Convention (for treaties)
Page 3
, ConDlict of Laws
9. Procedural Law (Context for PIL)
• What is procedural law?
o The “how” of litigation
o Covers:
§ Filing claims
§ Evidence
§ Trial process
§ Enforcement
• Key rule:
o Courts ALWAYS apply their own procedural law (lex fori)
10. Types of Procedural Systems
• Civil Law (Inquisitorial)
o Judge leads process
o Investigates facts
o Written codes
• Common Law (Adversarial)
o Parties control case
o Judge = neutral referee
o Strong evidence disclosure
• Hybrid systems
o Mix of both approaches
11. Goals of Civil Procedure
• Across all systems:
o Access to justice
o Truth-finding
o Efficiency
o Fairness / due process
Page 4
