Exam time for conflict of laws students the world over, I imagine. Here’s a dream essay question. (Pick and mix a definite possibility). Bear in mind each of these questions exercises practitioners, too.
‘It is widely reported that Paris (the town, not the socialite) may sue FoxNews. (For the sake of this essay assumed to be incorporated in Delaware, USA). A FoxNews analyst suggested the existence of ‘no go’ zones for non-muslims in the French capital.
1. How would you qualify Paris’ suit?
2. Where would you advise Paris to file the suit and why? What legal basis supports your litigation advice?
3. Assuming a French court would entertain the suit. What law would it apply to the case at hand?
4. Assuming a US (State) court would entertain the suit. What law would it apply to the case at hand?
5. Assume FoxNews countersues Paris.
5.1. Under the assumption of Q3, can the French Court join the countersuit to the original one?
5.2. Under the assumption of Q4, can the US Court join the countersuit to the original one?
5.3. Assume FoxNews is successful on its countersuit in a French court and wishes to have that judgment recognised and enforced against the bank account of Paris with BancoFrancais in London. Would an English court apply state immunity?
5.4 Assuming the same as under 5.3 however against assets held in Belgium. Would you come to the same conclusion?
5.5 Assume the same as under 5.3 however on a countersuit in a US court. Would FoxNews be succesful in enforcing the judgment in France?
6. Replace ‘Paris’ with ‘Birmingham (United Kingdom)’. Revisit all of the questions above.
7. Add (rather than replace) a claim against FoxNews by Birmingham, UK. Could a French court assumed to have already upheld jurisdiction over Paris’ claim, join a Birmingham claim? On what legal basis? (if at all).’