Written by Zeno Crespi Reghizzi, Associate Professor of International Law at the University of Milan
The recognition of punitive damages represents a controversial issue in Europe. For many years, due to their conflict with fundamental principles of the lex fori, punitive damages have been found to be in breach of public policy by some European national courts. This has prevented the recognition and enforcement of foreign judgments awarding them, or (more rarely) the application of a foreign law providing for these damages.
More recently, the negative attitude of European courts vis-à-vis punitive damages has been replaced, at least in some States, by a more open approach. The latest example is offered by a revirement of the Italian Supreme Court case law as per its judgment no 16601 of 5 July 2017. Read more...
On Wednesday 12 June 2019, at 13.30, the Department of International, Legal, Historical and Political Studies of the University of Milan will host the conference “New Rules on Property Regimes for International Couples”.
Speakers include Ilaria Viarengo (University of Milan), Maria Vilar Badia (European Commission), Andrea Bonomi (Swiss Institute of Comparative Law), Cristina González Beilfuss (University of Barcelona), Janeen Carruthers (University of Glasgow), Paolo Pasqualis (Notary), Monica Velletti (Judge), Cinzia Calabrese (President of AIAF) and Pietro Franzina (University of Ferrara).
See here for registration, programme and further information.
Written by Michele Angelo Lupoi, Civil Procedural Law and European Judicial Cooperation, University of Bologna
The Department of Juridical Sciences of the University of Bologna, Ravenna Campus, has organized a Summer School on Transnational Tort Litigation: Jurisdiction and Remedies, to be held in Ravenna, on July 15-19, 2019.
The Summer School deals with transnational jurisdiction, private international law and remedies available in tort cross-border litigation, with both a theoretical and a practical approach. The Faculty includes experts from US and EU in order to provide a comparative perspective to the participants. Read more...
In case of opposition to a European Order for Payment, Article 17 (1) of Regulation (EC) No 1896/2006 (latest consolidated version) states: “the proceedings shall continue before the competent courts of the Member State of origin unless the claimant has explicitly requested that the proceedings be terminated in that event. The proceedings shall continue in accordance with the rules of: (a) the European Small Claims Procedure laid down in Regulation (EC) No 861/2007, if applicable; or (b) any appropriate national civil procedure”.
Moreover: 1) the transfer to civil proceedings is governed by the law of the State where the order has been issued, 2) this law must not prejudice the claimant’s position in the subsequent proceedings, and 3) the claimant is to be informed both of the opposition and of any transfer to civil proceedings. Read more...
The University of Milan will recruit a postdoctoral researcher in Private International Law or Civil Procedure or European Private law, starting in January 2019, for a duration of 21 months (renewable once).
The researcher will work on the project “Facilitating cross-border family life: towards a common European understanding – EUFam’s II”.
Eligible candidates must hold a doctorate in law (preferably private international law or international civil procedural law or European private law) or have comparable research experience. They must have an excellent command of English. Good command of Italian is required.
More details can be found here
Deadline for applications 4 December 2018
This post has been written by Cristián Giménez Corte, Editor of the ASIL Commentaries on PIL.
We are pleased to present the third issue of Commentaries on Private International Law, the newsletter of the American Society of International Law (ASIL) Private International Law Interest Group (PILIG). As readers of the newsletter know, the name of our newsletter, Commentaries, represents a modest tribute to one of the founding fathers of modern PIL, Joseph Story, by borrowing the name of his seminal book “Commentaries on the Conflict of Laws, foreign and domestic,” and only replacing “Conflict of Laws” with “Private International Law” to better reflect the broader object of our discipline today. Read more...
The Italian Ministry for Education, University, and Research (Ministero dell’Istruzione, dell’Università e della Ricerca, MIUR) has issued a public call for 24 researcher positions.
The call is open to scholars of all nationalities who have spent three years working at a non-Italian research center or university and have been awarded a PhD degree, or equivalent, after 31 October 2011 and by 31 October 2014.
The winner of the call will work as a Senior Researcher with an initial 3-year working contract (Ricercatore a tempo determinato, tipologia B) that leads to Associate Tenured Track Professorship subject to National Scientific Habilitation (Abilitazione Scientifica Nazionale, «ASN»).
The English translation of the Ministerial Decree is available at the following address: (http://cervelli.cineca.it/). Read more...
On 3-4 November 2017 the LUISS «Guido Carli» University School of Law, with the support of the International Law Association (Italian Branch) and the auspices of the International Insolvency Institute, will host in Rome a conference on «Cross-Border Business Crisis: International and European Horizons».
Three bilingual (English/Italian) sessions are scheduled: I) International and European Policies on Business Crisis (Chairperson: Luciano Panzani); II) Regulation 2015/848 within the European System of Private International Law (Chairperson: Stefania Bariatti); III) Cross-Border Insolvency and Italian Legal Order: Old and New Challenges (Chairperson: Sergio M. Carbone).
Speakers include academics and practitioners (Massimo V. Benedettelli, Giorgio Corno, Domenico Damascelli, Luigi Fumagalli, Anna Gardella, Lucio Ghia, Francisco J. Garcimartín Alférez, Antonio Leandro, Maria Chiara Malaguti, Fabrizio Marongiu Buonaiuti, Alberto Mazzoni, Paul Omar, Antonio Tullio, Robert van Galen, Francesca Villata, Ivo-Meinert Willrodt). Read more...
The University of Milan will recruit a postdoctoral researcher in Private International Law, starting in January 2018, for a duration of 24 months (renewable once).
The researcher will work on the project ‘Private International Law and New Technologies’.
Eligible candidates must hold a doctorate in law or have comparable
research experience. They must have a good/excellent command of Italian.
Good command of English is an additional asset. Additional accommodation funding for candidates relocating from abroad is available.
Deadline for applications: 16 October 2017.
More details can be found here