Our co-editor Matthias Weller has written an article on jurisdiction clauses under the Brussels Ibis Regulation and the Hague Choice of Court Convention (Choice of Forum Agreements under the Brussels I Recast and under the Hague Convention: Coherences and Clashes). The full version is available here. The abstract reads as follows:

Choice of forum agreements are widely used. International uniform law has entered into force recently, namely the Hague Convention of 30 June 2005 on Choice of Court Agreements on 1 October 2015, the Brussels Ibis Regulation on 10 January 2015. Both instruments are formally independent but in the legislative process the drafters of the Convention took notice of the Brussels I Regulation, and the European legislator took notice of the Convention while working on the Recast of the Brussels I Regulation in order to “strengthen” choice of forum agreements and to bring about “coherence” of the Brussels regime with the Hague Convention. Against this background, the two instruments now in place are compared in respect to its most important policy decisions: the definition of the internationality of the case as a prerequisite of the applicability of the respective instrument, the understanding of the choice of law rule on the nullity of the agreement, the scope and mode of a public policy control of the agreement and, most extensively, the respective mechanisms for coordinating parallel proceedings, in particular the new mechanism under the Brussels Ibis Regulation granting priority for the designated court. This new mechanisms turns out to be too complex, leaving important points open. Therefore, de lege ferenda an alternative mechanism is suggested along the lines of the Hague Convention by making use of the recent judgment of the ECJ in Gothaer Versicherung. This alternative would not only be much easier and thus more predictable, it would also be able to coordinate each and every parallel proceedings, not only those involving a choice of court agreement.

 

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Project “unalex – multilingual information for the uniform interpretation of the instruments of judicial cooperation in civil matters”

English or German native speaker with law degree and knowledge / experience in international private and procedural law, for writing, editing, and translating of legal texts. French or Italian or Spanish native speakers with good German knowledge can also apply.

The project is conducted in cooperation with a group of universities from various EU Member States. The project work consists, inter alia, in the selection of international case law in the various areas of judicial cooperation in civil matters and its preparation with case headnotes and the development of so-called ‘compendia’ which provide systematic explanations of how the European Regulations are applied by the CJEU and the courts of the Member States in the European practice.

Part time preferred.
Particularly suited for younger private international law researchers.
Project period: between 12 up to 18 months

IPR Verlag is located in the heart of Munich, close to the university. Occasional home office may be considered.

If interested to join our team, please send your application and CV to:
thomas.simons[at]unalex.eu

IPR Verlag GmbH
Dr. Thomas Simons
Martiusstr. 1, 80802 Munich, Germany
For further information, please do not hesitate to contact us:
+49 (0)89 337 332

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New Edition: Canadian Textbook on Conflict of Laws

Irwin Law has published (August 2016) the second edition of Conflict of Laws by Stephen Pitel (Western University) and Nicholas Rafferty (University of Calgary).  This treatise aims to explain and analyze the rules of the conflict of laws in force in common law Canada in a clear and concise manner.  For the second edition, the chapter on jurisdiction has been rewritten in light of the Supreme Court of Canada’s decision in Club Resorts Ltd v Van Breda (2012) and the evolving jurisprudence under the Court Jurisdiction and Proceedings Transfer Act.  In addition, a new chapter on matrimonial property division has been added.  All chapters have been updated to reflect new decisions, legislative changes and recent scholarship.

The first edition (2010) was shortlisted for the Walter Owen Book Prize and has been cited in decisions of courts across Canada including the Supreme Court of Canada.

More information is available here.

 

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Stefan Arnold from the University of Graz has edited a volume on fundamental questions of European Private International Law (Grundfragen des Europäischen Kollisionsrechts, Mohr Siebeck 2016, VII + 167 pages, ISBN 978-3-16-153979-4). Published in German the volume contains, among others, chapters on party autonomy, renvoi, ordre public and connecting factors. The editor  has kindly provided us with the following more detailed information:

9831_00_detailEuropean Private International Law serves the European idea of an area of freedom, security and justice. For that task, it seems crucial that the legal actors of European Private International Law address its fundamentals. The fundamentals – or fundamental questions – of European Private International Law are manifold. Some of them are discussed in this volume. They concern the political framework within which European Law operates, the challenges of modern concepts of “family” or the relationship of Private International Law and Religious Law. Last not least, European Private International Law needs to ascertain the regulatory function of central Conflict of Laws concepts such as the idea of connecting factors, party autonomy, ordre public and renvoi.

Table of contents

  • Christoph Althammer: Das Konzept der Familie im Europäischen Internationalen Familienrecht [The Concept of „Family“ in European International Family Law]
  • Stefan Arnold: Gründe und Grenzen der Parteiautonomie im Europäischen Kollisionsrecht [The Foundations and Limits of Party Autonomy in European Private International Law]
  • Gerald Mäsch: Der Renvoi im Europäischen Kollisionsrecht [Renvoi in European Private International Law]
  • Mathias Rohe: Europäisches Kollisionsrecht und religiöses Recht [European Private International Law and Religious Law]
  • Michael Stürner: Der ordre public im Europäischen Kollisionsrecht [Ordre Public in European Private International Law]
  • Rolf Wagner: Das Europäische Kollisionsrecht im Spiegel der Rechtspolitik [European Private International Law and Legal Policy]
  • Marc-Philippe Weller: Anknüpfungsprinzipien im Europäischen Kollisionsrecht – eine neue „kopernikanische Wende“? [Connecting Factors in European Private International Law – a New “Copernican Revolution”?]

 

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Enhancing cooperation between authors from various Member States

University of Zagreb – 29/30 September 2016

The University of Zagreb is organising a conference on 29/30 September 2016 on European international civil procedure and new approaches concerning European legal information. This conference is part of a project, co-financed by the European Commission and organised by the University of Innsbruck together with the Universities of Genoa, Zagreb, Valencia, Prague and Riga and the legal publisher IPR Verlag.

The objective of the unalex project is the creation of solid multilingual information on the application of the European legal instruments of judicial cooperation in civil matters in the European area of justice and to provide the European legal discussion with an important focus of genuinely European legal literature. The project aims at bringing together authors in the area of European international civil procedure and conflict of laws and promoting techniques of joint legal publishing with the objective of creating forms of multilingual legal literature for readers in the entire European Union.

The conference in Zagreb has two parts:

29 September 2016 – Shaping European legal information – new approaches

Thursday afternoon (14:00-17:30) is dedicated to the development of new approaches concerning the shaping of European legal information. A round table discussion with supreme court judges from various Member States is planned on the subject “European Leading Cases series – a project to be developed?”. Furthermore innovative strategies for the development of European legal literature and the possible enhancement of cross-border cooperation of European legal authors will be discussed.

30 September 2016 – European international civil procedure – a system in the making

The second day (9:30 – 13:99) will host a conference on “European international civil procedure – a system in the making”. It will discuss common lines of European civil procedure that evolve throughout the multitude of EU civil procedure regulations. The conference will be chaired by Prof. Hrovje Sikiri?, University of Zagreb, and Prof. Andreas Schwartze, University of Innsbruck.

Speakers:

Prof. Rainer Hausmann, Munich – The European system of international civil procedure

Prof. Matthijs ten Wolde, University of Groningen – Third State relations

Prof. Davor Babi?, University of Zagreb – Scope of application (in particular temporal scope)

Dr. Susanne Gössl, University of Bonn – The role of public policy in the European civil justice system

Prof. Vesna Rijavec, University of Maribor – European enforcement of judgments

Dr. Eva Lein, British Institute of International and Comparative Law – Exiting an ever closer system – consequences of Brexit

Prof. Erich Kodek, Wirtschaftsuniversität Vienna, Judge Austrian Supreme Court – Horizontal harmonisation of instruments of European civil procedure – towards a European Code of Civil Procedure?

Participation to the conference is free of charge.

For additional information and registration please contact Ms Sara Ricci at IPR Verlag GmbH: sara.ricci@simons-law.com

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(I am grateful to Prof. Francesca Villata – University of Milan – for the following presentation of the latest issue of the RDIPP)

Rivista di diritto internazionale privato e processualeThe fourth issue of 2015 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released.

This issue of the Rivista features the texts – updated and integrated with a comprehensive bibliography – of the speeches delivered during the conference “For a New Private International Law” that was hosted at the University of Milan in 2014 to celebrate the Rivista’s fiftieth anniversary.

The speeches have been published in four sections, in the order in which they were delivered.

The first section, on “Fundamentals of Law No 218/1995 and General Questions of Private International Law”, features the following contributions:

Fausto Pocar, Professor Emeritus at the University of Milan, ‘La Rivista e l’evoluzione del diritto internazionale privato in Italia e in Europa’ (The Rivista and the Evolution of Private International Law in Italy and Europe; in Italian).

Fifty years after the foundation of the Rivista, this article portrays the reasons that led to the publication of this journal and its core features, in particular its unfettered nature and the breadth of its thought with respect to the definition of private international law. In this regard the Rivista – by promptly drawing attention to the significant contribution provided by the law of the European Union in the area of jurisdiction and conflict of laws – succeeded in anticipating the subsequent developments, which resulted in the impressive legislation of the European Union in the field of private international law since the entry into force of the Treaty of Amsterdam in 1999. These developments have significantly affected the Italian domestic legislation as laid down in Law No 218 of 1995. As a result of such impact, the Italian system of private international law shall undergo a further revision in order to harmonize it with the European legislative acts, as well as with recent international conventions adopted in the framework of the Hague Conference on Private International Law, to which the European Union – a Member of the Conference – is party.

Roberto Baratta, Professor at the Scuola Nazionale dell’Amministrazione, ‘Note sull’evoluzione del diritto internazionale privato in chiave europea’ (Remarks on the Evolution of Private International Law in a European Perspective; in Italian).

National sovereignties have been eroded in the last decades. Domestic systems of conflict of laws are no exceptions. While contributing with some remarks on certain evolving processes that are affecting the private international law systems, this paper notes that within the EU – however fragmentary its legislation in the field of civil justice may be – the erosion of national competences follows as a matter of course. It then argues that the EU points to setting up a common space in which inter alia fundamental rights and mutual recognition play a major role. Thus, a supranational system of private international law is gradually being forged with the aim to ensure the continuity of legal relationships duly created in a Member State. As a result, domestic systems of private international law are deemed to become complementary in character. Their conceptualization as a kind of inter-local rules, the application of which cannot raise obstacles to the continuity principle, appears logically conceivable.

Marc Fallon, Professor at the Catholic University of Louvain, ‘La révision de loi italienne de droit international privé au regard du droit comparé et européen des conflits de lois’ (The Recast of the Italian Private International Law with Regard to Comparative and European Conflict of Laws; in French). [click to continue…]

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The Friedrich-Schiller-University Jena (FSU), Faculty of Law, invites applications for the post of a fulltime, permanent Lecturer in English Common Law (salary class E 13) beginning 1 October 2016.

Background:

The Faculty of Law at the FSU Jena is operating a LL.B. degree course “International Legal Studies”. It merges the traditional German legal education with a comprehensive training in the law of England and Wales. Graduates will be able to continue their education as a barrister or solicitor in England and Wales, as the degree from this course fulfils the requirements for the academic stage of training set by the Solicitors Regulation Authority (SRA) and the Bar Standards Board (BSB). The different areas of English Civil Law, Public Law and Criminal Law are taught at a level equal to that of English universities.

For more information on the Faculty please visit http://www.rewi.uni-jena.de/.

Requirements:

The successful candidate should hold a university degree in law from a law school in the UK or from a similar academic background. He or she should be able to demonstrate profound teaching experience in Common Law at an English speaking university at undergraduate and graduate level. A PhD and additional research experience are welcome. He/she should be an English native speaker or master the English language at mother tongue level. Proficiency in the German language is not required, but the candidate should be willing to acquire at least a working knowledge of German.

Tasks:

The successful candidate will teach the different areas of English common law within the degree course “International Legal Studies”. He/she will co-operate directly with the director of the Law & Language Centre and will also support all the academic activities associated with the Centre. It is also expected that he/she will support the Faculty’s Moot Court Competition Teams.

We offer a permanent, full time position. However, the successful candidate will initially be appointed for a limited period of two years with the possibility of permanent employment at a later stage. Salary is paid according to E 13 German TV-L (salary agreement for public service employees). As an equal opportunity employer the FSU is committed to increase the percentage of female scientists and therefore especially encourages them to apply. Severely disabled persons are encouraged to apply and will be given preference in the case of equal suitability.

Further inquiries in English or German may be directed to the Dean of the Faculty of Law, Professor Dr. Walter Pauly (dekan@recht.uni-jena.de).

Application:

Applications should be submitted by email in pdf-format by 12. August 2016 to the Dean of the Faculty of Law, Prof. Dr. Walter Pauly: dekan@recht.uni-jena.de (Friedrich-Schiller-University Jena, Dean of the Faculty of Law, Prof. Dr. Walter Pauly, Carl-Zeiß-Straße 3, D-07743 Jena, Tel: ++49 (0)3641-94200, FAX: ++49 (0)3641-942232).

Application costs must be borne by the applicant.

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TDM’s Latin America Special

Prepared by guest editors Dr. Ignacio Torterola and Quinn Smith, this special addresses the various challenges and changes at work in dispute resolution in Latin America. A second volume that continues many of the themes from different angles and perspectives is also nearing completion. Download a free Excerpt here

EDITORIAL

* TDM Latin America Special – Introduction by I. Torterola, Q. Smith, GST LLP

LATIN AMERICA

* Two Solutions for One Problem: Latin America’s Reactions to Concerns over Investor-State Arbitration
by A. López Ortiz, J.J. Caicedo and W. Ahern, Mayer Brown

* Towards a Resolution of Outstanding Nationalization Claims Against Cuba
by M. Marigo and L. Friedman, Freshfields US LLP

* Comparative Commentary to Brazil’s Cooperation and Investment Facilitation Agreements (CIFAs) with Mozambique, Angola, Mexico, and Malawi
by N. Bernasconi-Osterwalder and M.D. Brauch,

* International Investment Law and the Protection of Foreign Investment in Brazil
by C. Titi, CNRS / CREDIMI

* Recognition of Foreign Judgments and Awards in Brazil
by C.A. Pereira, Justen, Pereira, Oliveira & Talamini

* What to Expect from the Arbitration Center of the Union of South American Nations (UNASUR)?
by J.I. Hernández G., Universidad Central de Venezuela, Universidad Católica Andrés Bello

* The Court of Justice of the Andean Community: A New Forum for the Settlement of Foreign Investment Disputes?
by E. Anaya Vera, Pontifical Catholic University of Peru; R. Polanco Lazo, World Trade Institute

* Commercial Mediation in the Americas
by H. Otero and A.L. Torres, American University Washington College of Law

* Los Dilemas De La Mediación. Efectivos Referentes Para Su Enseñanza En El Contexto Latinoamericano
by A. Castanedo Abay, Universidad de la Habana

* Bestiary of Mexican State Contracts: Treatise on Various Real and Mythical Kinds of Arbitration
by O.F. Cabrera Colorado, Ibáñez Parkman; A. Orta González Sicilia, Caraza y Morayta

* El Recuento de los Daños: Compensación, Intereses y Costas del Arbitraje Inversionista-Estado del TLCAN. La Experiencia Mexicana
by J. Moreno González, CIDE; J.P. Hugues Arthur, Ministry of Finance and Public Credit, Mexico

* La negociación de la tierra en La Habana – El problema de la disputa de las rentas de los recursos naturales en el siglo XXI
by C.G. Álvarez Higuita, Profesor Honorario, Universidad Nacional

* Analysis of the New Argentine Arbitration Regulation: Much Ado about (Nearly) Nothing
by D.L. Alonso Massa, Attorney

* Compensation for Losses to New or Unfinished Business: A New Paradigm in the Making? A Case Comment on Gold Reserve v. Venezuela
by L. Hoder, Kocian Solc Balastik

* Dual Nationality in Investment Arbitration: The Case of Venezuela
by J.E. Anzola, International Arbitrator

* FCPA, UKBA, and International Arbitration: Dealing with Corruption in Latin America
by R. Pereira Fleury, Shearman & Sterling LLP; Q. Wang, The Chinese University of Hong Kong

* Currency Exchange Controls and Transfer Protections in BITs
by R. Ampudia, International Litigation Counsel; M.I. Pradilla Picas, Jones Day

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by Lukas Schmidt, Research Fellow at the Center for Transnational Commercial Dispute Resolution (TCDR) of the EBS Law School, Wiesbaden, Germany.

In the wake of the Juncker Plan, the Action Plan on Building a Capital Markets Union and the Single Market Strategy the European Commission has made the strengthening of Europe´s Economy and the stimulation of investments in Europe some of its top priorities. In doing so the Commission has identified insolvency and restructuring proceedings as an important factor for creating a strong capital market. Thus insolvency law has increasingly attracted the Commission’s attention. The recast of the European Insolvency Regulation on (cross-border) insolvency proceedings which will be applicable from June 26, 2017 (or the day after? See http://conflictoflaws.net/2016/oops-they-did-it-again-remarks-on-the-intertemporal-application-of-the-recast-insolvency-regulation/) is only an intermediate step towards a European Insolvency Law.

Already back in 2014 the Commission formulated the non-binding recommendation on a new approach to business failure and insolvency encouraging the member states to create ”a framework that enables the efficient restructuring of viable enterprises in financial difficulty” and to “give honest entrepreneurs a second chance”. Now, the Commission is far more ambitious as it is preparing an “insolvency initiative” on certain aspects of substantive insolvency laws to be adopted in autumn this year, as Vera Jourová, EU Commissioner for Justice, Consumers and Gender Equality, announced at last week´s conference on the “Convergence of insolvency frameworks within the European Union – the way forward” in Brussels. This conference was intended to contribute to the preparatory work of the Commission on the insolvency initiative.

Accompanying the conference the Commission has also published an insightful comparative study on substantive insolvency law throughout the EU prepared by a team from the School of Law at the University of Leeds. It is highly interesting how far-reaching the Commission´s legislative proposal will be. Is the Commission even planning to harmonize the member state´s rules on the ranking of claims? Will there be minimum standards for insolvency practitioners and courts throughout the EU? Will there be special rules for insolvencies of corporate groups? As indicated by the Commission´s “Inception Impact Assessment” on the insolvency initiative published earlier this year we can at least expect an EU Directive on a preventive restructuring procedure. Either way international insolvency law will be a highly interesting and dynamic area of international law for the next years.

The Stream of the conference is still available at: https://webcast.ec.europa.eu/insolvency-conference

The Impact Assessment is available at: http://ec.europa.eu/justice/civil/files/insolvency/impact_assessment_en.pdf

The comparative study is available at: http://ec.europa.eu/justice/civil/files/insolvency/insolvency_study_2016_final_en.pdf

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Out now: Hay/Rösler on Private International Law

A few days ago, the 5th of edition of a (German language) classic on private international law, the “Hay”, was released. Fully revised and updated by Hannes Rösler, a Professor for Civil Law, Comparative Law and Private International Law at the University of Siegen (Germany), it now appears as Hay/Rösler, Internationales Privat- und Zivilverfahrensrecht, 5th edition, C.H. Beck 2016 (XXXI + 326 pages).

The book covers nearly every aspect of private international law through 229 questions and cases. The first part of the book (about 40 percent) covers procedural aspects. It starts with international jurisdiction under the Brussels Ibis Regulation, further EU regulations (including the Regulations on maintenance and succession) and German law. It continues with questions of proof of facts and service of documents and finishes with recognition and enforcement of foreign judgments.

The second part deals with private international law in the narrower sense. It first addresses key concepts (“Allgemeiner Teil”) and then covers the Rome I and Rome II Regulations, property law, family law (including the relatively new Rom III Regulation), succession law and company law.

The books is an excellent and up-to-date introduction to private international law. It provides easy access to complex legal issues. Thanks to its case-orientation it will be especially helpful for students preparing for classes and exams. In addition, it will prove helpful for lawyers and practitioners interested in private international law.

Further information, including a table of contents, can be found here.

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