The 2018 draft of a Hague Judgments Convention adopts a framework based largely on what some have referred to as “jurisdictional filters.” Article 5(1) provides a list of thirteen authorized bases of indirect jurisdiction by which a foreign judgment is first tested. If one of these jurisdictional filters is satisfied, the resulting judgment is presumptively entitled to circulate under the convention, subject to a set of grounds for non-recognition that generally are consistent with existing practice in most legal systems. This basic architecture of the Convention has been assumed to be set from the start of the Special Commission process, and will be key to the Convention’s acceptability to countries which might ratify or accede to any final Convention. An alternative approach to convention architecture, which would allow the test for judgment circulation to be built on as few as four rules, was considered and passed over in the earlier Working Group which preceded the Special Commission process.
Corruption continues to cast a shadow over investment law. When allegations of corruption arise in an investment dispute, the tribunal faces the difficult task of deciding whether (and how) to penalize the responsible party. It must assess the often-limited evidence and then craft an appropriate remedy. The legal and practical questions this raises remain highly contested. On Tuesday, February 19, 2019, the ILA American Branch Investment Law Committee and the Georgetown International Arbitration Society are hosting an evening conference to discuss these questions, bringing together academic and non-academic perspectives.
A new blog specializing on international economic law matters as they relate to Africa has recently been created. AfronomicsLaw will complement the growing and important voice of scholars interested in international economic law with a focus on Africa. It will also offer policy makers, practitioners and others interested in these issues a forum to insightfully engage and reflect on developments on international economic law more contemporaneously.
Professor Ronald Brand has published the second edition of his book, International Business Transactions Fundamentals, with Kluwer Law International. It is designed primarily for use in a course on International Business Transactions, but is suitable as a desk reference on important basic issues raised on cross-border contractual relationships. Unlike some International Business Transactions casebooks which focus on WTO-related aspects of international trade regulation, this book draws extensively on private international law and the ways in which it can be used to structure cross-border commercial transactions. Coverage includes basic commercial law issues including price-delivery terms and letter of credit financing, dispute resolution issues and how to avoid them by proper planning at the transaction stage, the legal framework for import and export regulations planning, contracting with foreign sovereigns, compliance with anti-corruption legislation, legal relationships created by foreign investment, antitrust regulation and compliance, and a chapter on professional responsibility and the unique legal representation issues raised in cross-border transactions.
On March 22-23, 2019, the Center for International Legal Education (CILE) at the University of Pittsburgh School of Law will host an international conference on the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). The conference is entitled “The CISG at Middle Age.” It will be held in the Teplitz Memorial Courtroom of the Barco Law Building.
The Accelerated Route to Fellowship Program is a designed for senior practitioners in the field of dispute resolution procedures. Fellowship is the highest grade of Institute membership and allows the use of the designation FCIArb.The program focuses on applicable laws and procedures for the conduct of efficient arbitration hearings in complex international cases. Satisfactory assessment of performance in role play exercises will permit the candidate to take the award writing examination for qualification as a Fellow of the Chartered Institute of Arbitrators, which will be administered as part of the program.
Professor Ronald Brand has recently posted a paper titled “Recognition of Foreign Judgments in China: The Liu Case and the ‘Belt and Road’ Initiative.” The posting includes an English translation of the first Chinese case to recognize and enforce a U.S. judgment, prepared by Yuting Xu. The combined paper and case translation are available here.
Pitt Law’s CILE will once more be co-sponsoring the Summer School in Transnational Commercial Agreements, Litigation, and Arbitration in Vicenza, Italy, beginning June 4 and ending June 8, 2018.
The 1965 Hague Convention on Service of Process is one of the cornerstone treaties for international litigation. It provides a simple and effective process to provide due notice of a proceeding in one signatory state to a party in another, via a designated Central Authority in each signatory state. Nevertheless, one provision has vexed U.S. courts for decades. Article 10 provides that, notwithstanding the Central Authority procedures, and “[p]rovided the State of destination does not object, the present Convention shall not interfere with. . . the freedom to send judicial documents, by postal channels, directly to persons abroad.” By virtue of the fact that the provision says “send” and not the magic word “serve,” U.S. Courts have long disagreed over whether the Convention’s procedures preclude international service of process by mail.