Conflict of Laws header image

Archive

Jan von Hein

Preparing for Brexit

At the moment this note is written, it is unclear whether there will be another vote in the House of Commons concerning Theresa May’s deal with the EU-27 at all (see here for the latest developments). Already on 18 January 2019, the European Commission recognized that “[i]n view of the uncertainties surrounding the ratification of the Withdrawal Agreement, all interested parties are reminded of legal repercussions which need to be considered when the United Kingdom becomes a third country”. In order to clarify matters, the Commission has published a so-called Preparedness Notice which is meant to give guidance to stakeholders with regard to the implications of a no-deal Brexit in the field of judicial cooperation and private international law. The full text of this notice is available here.

Professor Dr. Robert Freitag, Friedrich-Alexander-University Erlangen, has kindly provided us with his thoughts on the proposal for a Regulation on Third-Party Effects of Assigment:

The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles:

H.-P. Mansel/K. Thorn/R. Wagner: European conflict of laws 2018: Final Spurt!

The forthcoming volume of the Japanese Yearbook of International Law (Vol. 61, 2018) will feature the following articles and case notes relating to private international law:

Articles

INTERNATIONAL DEVELOPMENT OF CONSUMER COLLECTIVE REDRESS

Dai Yokomizo, Introductory Note (168)

The most recent issue of the Zeitschrift für Vergleichende Rechtswissenschaft (German Journal of Comparative Law; Vol. 117 [2018], No. 4) features the following contributions:

 

Basel – Ein gebrochenes Versprechen?

Zur Entwicklung der Bankenregulierung in der Europäischen Union und in den Vereinigten Staaten 

Ann-Kathrin Kaufhold*

The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles:

M. Wendland: Procedural challenges within the system of international jurisdiction according to the new European regulations on matrimonial property regimes and the property consequences of registered partnerships: Well-known and innovative instruments from the experimental laboratory of the European Commission

IAFL European Chapter Young Lawyers Award 2019

Approximately eight years ago, the European Chapter of the International Academy of Family Lawyers (“IAFL”) established a writing award for young family lawyers to be awarded on an annual basis. The award aims to promote research and excellence among young family lawyers and to increase awareness among other legal professionals of the work and objectives of the IAFL. The Young Lawyers Award carries a prize of €1,000, awarded to the author of the winning contribution, and two €500 prizes for the best runners up. For more information, please click here.

Yesterday, on 14 November 2018, the UK cabinet, after five hours of deliberation, accepted the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as agreed at negotiators’ level on the same day. The text (TF 50 [2018] 55) contains provisions on judicial cooperation in civil and commercial matters in Articles 66 to 69. Pursuant to Article 66(a) of the Draft Agreement, the Rome I Regulation shall apply in the UK in respect of contracts concluded before the end of the transition period, which will be on 31 December 2020 (Article 126 of the Draft Agreement). Under Article 66(b) of the Draft Agreement, the Rome II Regulation shall apply in the UK in respect of events giving rise to damage, where such events occurred before the end of the transition period. The remaining EU Member States will continue to apply the Rome I and II Regulations in EU-British relations anyway following the principle of universal application (Article 2 Rome I, Article 3 Rome II).

The most recent issue of the Zeitschrift für Vergleichende Rechtswissenschaft (German Journal of Comparative Law; Vol. 117 [2018], No. 3) features the following contributions:

Die Leistungskraft der österreichischen Privatstiftung für Familienunternehmen

Susanne Kalss*

ZVglRWiss 117 (2018) 221–245

The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles:

D. Martiny: Virtual currencies, particularly Bitcoins, in private international law and in the international law of civil procedure