Author Archives: Marta Requejo

About Marta Requejo

Marta Requejo is a senior researcher fellow of the Max Planck Institute Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. She obtained her law degree from the University of Santiago after spending a year at the University of Le Mans (France) as an Erasmus student; she holds a Doctorate (European Doctorate) from Santiago de Compostela University. Tenured lecturer since 2001, she qualified for access to senior professorship in September 2011. Her primary teaching and research interests are conflict of laws, international litigation, and international commercial law. She has been visitor for researching purposes at the Max Planck Institute on Foreign and Private International Law (Hamburg, Germany), the Institut Suisse de Droit Comparé (Lausanne, Switzerland), the Paris-Pantheon University and the BIICL; also visiting professor at the Paris-Panthéon University. So far she has published four monographs: "Ley local y forma de los actos en el Derecho internacional privado español", 418 pp; "Proceso en el extranjero y medidas antiproceso (antisuit injunctions)", 282 pp; "La cesión de créditos en el comercio internacional", 281 pp; "Violaciones graves de derechos humanos y responsabilidad civil", 369 pp. She is also author of several articles printed in collective works, and numerous papers in law journals, mainly Spanish ones, like the Revista Española de Derecho Internacional or Diario La Ley, but also in foreign magazins like The European Legal Forum or Era Forum. She belongs to the Group of research De Conflictu Legum.

Yearbook of Private International Law, 2013-2014

In line with its predecessors, Volume XV (2013/2014) of the Yearbook of Private International Law offers a comprehensive insight into the contemporary trends of private international law in terms of both theoretical thinking and practical achievements. The volume includes two contributions from prominent scholars on freedom of movement of public documents and records within the EU, a whole section on Brussels Ibis Regulation, a dozen national reports on recognition and enforcement of foreign judgments outside the EU from Turkey to Australia, from Russian Federation to Egypt, from South Korea to Commonwealth Africa as well as an overview of the new codification in Albania. Two essays on internal conflict of laws and on the challenges posed by cross-border coordination in insolvency matters complete this valuable collection.

To see the table of contents click here.

Spanish Yearbook of International Law: Call for Papers

The Call for Papers for Vol. 18 (2013-2014) of the Spanish Yearbook of International Law (SYbIL), in now open. Manuscripts dealing with any topic of interest in the field of Public and Private International Law and International Relations should be submitted to the editors by 31 October 2014. The manuscripts shall conform to the Style Guide of the SYbIL (available here) and must be submitted to the Editor’s address at editor@sybil.es.

A few words on the journal

The Spanish Yearbook of International Law (SYbIL) was founded in 1991, and is edited by the Asociación Española de Profesores de Derecho Internacional y relaciones Internacionales (AEPDIRI). It provides an annual report on new developments in international law . From 1991 to 2012 (vols. 1-17), the Yearbook was published by Martinus Nijhoff/Brill. From vol. 18 onwards, the Editor decided to go entirely on-line under a complete open-access philosophy.

Since its first volume, the Yearbook has endeavored to make a significant academic contribution to the on-going development of international law, with a particular focus on Spanish doctrine and practice. In 2013, with the election of a new Editorial Board, a new editorial plan was adopted and the SYbIL changed its purpose, structure and editorial model. This new website (www.sybil.es) tries to offer the contents of this new epoch of the Yearbook as well as all the old printed volumes of the SYbIL (except last volume, by the moment). This editorial decision will enable the Yearbook to be accessible to the entire international readership, offering current research in Spanish academic institutions but other research of what Oscar Schachter labelled as the “invisible college of international law” as well.

Fully aware of the paramount importance of international practice, the Yearbook publishes contributions in English from active practitioners of international law on a regular basis. The Yearbook also includes critical comments on Spanish State practice relating to international and EU law, as well as international reactions to that practice. The General Articles section gives authors an opportunity to submit original manuscripts (15,000-18,000 words) on a broad range of topics in international law and international relations.

Note: The SYbIL is a double blind peer-review publication

Forthcoming Title: Private International Law in the English Courts

Prof. Adrian Brigg’s new ouvrage on PIL, of more than 1.000 pages and which has been described as “a major restatement of the rules of Private International Law in the English Courts”, is about to appear at OUP.

The book offers a restatement of European and English Private International Law as it applies in the English courts. The author has set out to create a contemporary approach to private international law which is distinguished from the traditional approach of describing private international law through its common law foundations. The author places European Regulations, and related statutory material, at the front and centre of the book, reorganising private international law according to the principles that the law is increasingly European and decreasingly insular. As such the work constitutes an approach to the area which is essential for litigators dealing with questions of private international law influenced by forty years of European legislation. The in-depth discussion will also be valuable to academics specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanisms for the private international law rules of European law, as well as the remaining standing of the common law rules of private international law.

The book will be useful to practising lawyers tackling issues of private international law as it now is, after forty years of European legislation, but the in-depth discussion will also be valuable to academic lawyers specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanism for the private international law rules of European law, as well as (albeit second) for the common law rules of private international law.

The release of the book is expected next month; the table of contents is already available here.

Towards a New Model of Judicial Cooperation in the European Union

The inaugural lecture of the first IAPL-MPI Summer School, which took place in Luxembourg last July, was delivered by the President of the  International Association of Procedural Law, Prof. Loïc Cadiet of the University Paris I-Sorbonne. He has kindly provided  me with the text: a recommended reading that can be downloaded  here, or at the website of the MPI.

Enjoy it.

Recent Developments in European Private and Business Law

Under the general heading of “Recent developments in European Private & Business Law”, an upcoming conference of the Academy of European Law (ERA) will take place in Trier next November, 20-21,  with the following key topics:

  • Recast of Brussels I, to be applied from 10 January 2015 – including its interaction with the new Choice of Court Convention which will enter into force in the first half of 2015
  • Freezing of bank accounts and the forthcoming changes after the entry into force of Regulation (EU) No 655/2014 establishing a European Account Preservation Order procedure
  • Free movement of companies and the law applicable to companies
  • Scheme of arrangements, restructuring and insolvency in the EU

The presentations will be in English or German with simultaneous interpretation. They are addressed, in particular, to lawyers in private practice dealing with civil litigation and dispute resolution; in-house counsel; business, companies and banking lawyers; representatives of business organizations; notaries; and academics.

For the program detailing contents, speakers, as well as practical infos click here (German version here)

 

The Draft UNCITRAL Model Law on Secured Transactions: Why and How?

19 September 2014. 9:00 – 17:30 Hôtel Métropole, Geneva

 A Model Law on secured transactions over movables is currently being drafted under the auspices of UNCITRAL. The aim is to prepare a simple, short and concise text, proposed for adoption (or as a source of inspiration) to countries wishing to adapt their legislation to the current developments.

The conference will start with the presentation and analysis of the Model Law by several of its drafters. It will then give experts from various legal systems the opportunity to comment on the project. The last part will be devoted to other recent developments in the field of secured transactions and their relationship with the Model Law.

Ample time will be reserved for discussions and questions. The sessions will be chaired by Monique Jametti Greiner, of the Swiss Federal Office for Justice; Georges Affaki, Chair of the Legal Committee of the ICC Banking Commission, Bénédict Foëx and Luc Thévenoz, both of University of Geneva.

9:00       Introduction

Prof. Christine Chappuis, Dean of the University of Geneva Faculty of Law

Spyridon V. Bazinas, Senior Legal Officer, UNCITRAL Secretariat; Lecturer, University of Vienna Law School

9:45       Why do we need a Model Law?

Michel Deschamps, Partner, McCarthy Tétrault (Montreal); Professor, Faculty of Law, University of Montreal

10:30     Coffee break

10:50     What issues should the Model Law address?

Jean-François Riffard, Professor, Université de Clermont-Ferrand

11:35     Reactions to the current draft of the Model Law

From a Swiss law point of view:  Dr. Hans Kuhn, Counsel, Schellenberg Wittmer (Zurich); Lecturer, University of Lucerne

12.20     Standing lunch

13:00     Reactions to the current draft of the Model Law (continued)

US law: Neil B. Cohen, Professor, Brooklyn Law School

German law: Leif Boettcher, Notary

Islamic finance: Michael McMillen, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP (New York); Lecturer, University of Pennsylvania Law School

15:45   Coffee break

16:10   Lessons to be taken from other recent developments

The International Finance Corporation’s secured transactions program: Alejandro Alvarez de la Campa, Global Product Leader, Secured Transactions and Collateral Registries, IFC Advisory Services, World Bank Group

The recent reform of secured transactions in Belgium: Michèle Grégoire, Professor, Université libre de Bruxelles ; Partner, Willkie Farr & Gallagher LLP (Brussels)

17:20 Concluding remarks

Bénédict Foëx, Professor, University of Geneva; Counsel, Schellenberg Wittmer (Geneva)

17:30 Cocktail party hosted by the Swiss Federal Office for Justice.

Registration fee: CHF 150.

Number of participants is limited; early registration is advised. Registration on www.cdbf.ch/events/model-law/, or with Gervais Muja: gervais.muja@unige.ch, +41 22 379 86 52

 

TDM Call for Papers on Dispute Resolution from a Corporate Perspective

While corporations are one of the key stakeholders in international dispute resolution, they do not often participate in the debate, and if they do, they often speak a language completely different from that of the other stakeholders. There are numerous topics that play a key role in the daily life of corporate dispute resolution lawyers but are rarely discussed outside the corporate world or from a corporate perspective irrespective of having a significant impact on how disputes are managed and resolved, or how corporations expect this to be done.

A TDM special on dispute resolution from a corporate perspective will be edited by Kai-Uwe Karl (General Electric), Abhijit Mukhopadhyay (Hinduja Group), Michael Wheeler (Harvard Business School) and Heba Hazzaa (Cairo University), seeking to widen and deepen the debate on issues that are central to the efficient management of disputes from a corporate perspective. There is still time to submit proposals and papers for the TDM as deadline has been extended to December 15th.

Contributions should be related to any of the areas set out; however, other relevant contributions are welcome as well.

Dispute Management. While companies do not enter into contracts with the expectation of becoming embroiled in litigation, disputes do occur and are part of doing business. The assumption is that disputes should be managed systemically rather than as ad-hoc events.

Commercial Dispute Resolution – The field of negotiation. In order to successfully resolve commercial disputes, lawyers must possess, in addition to their legal, technical, and industry expertise, the skills to understand, predict and manage conflict through negotiation. While discussion of legal concepts and theory among the community of international dispute resolution lawyers is highly sophisticated, there is less of a debate on negotiation and limited exchange with other disciplines researching the field of negotiation

Managing the cost of dispute resolution. Managing the cost of dispute resolution is key, and discussions between law firms and corporations often center on the subject of how much and how to bill, including for dispute related work. While there is an ongoing debate about whether traditional hourly rate billing creates the wrong incentives, alternative fee arrangements for dispute resolution still appear to be exceptional.

The future of commercial dispute resolution – breaking new ground. The arrival of “big data”, i.e., the increasing volume, velocity, and variety of data, is likely to catapult us into a world where analytics of very large data sets may allow predictions of outcomes and behavior that currently does not exist.

For more information see here.

 

Investor-to State Dispute Settlement Mechanism (EU Regulation)

 

On 28 August, the European Union took an important step towards creating a comprehensive EU investment policy, with the publication of a Regulation setting out a new set of rules to manage disputes under the EU’s investment agreements with its trading partners. The rules – set out in the Regulation on financial responsibility under future investor-to-state disputes – are a necessary component of a common EU investment policy.

This Regulation,‘ said EU Trade Commissioner Karel De Gucht ‘represents another building block in our efforts to develop a transparent, accountable and balanced investor-to state dispute settlement mechanism as part of EU trade and investment policy.

The rules set up the EU’s internal framework for managing future investor-state disputes. They define who is best placed to defend the EU’s and Member States’ interests in the event of any challenge under investor-to-state dispute (ISDS) in EU trade agreements and the Energy Charter Treaty. The rules also establish the principles for allocating any eventual costs or compensation. Member States will defend any challenges to their own measures and the EU will defend measures taken at EU level. In all cases, there will be close cooperation and transparency within the EU and the EU institutions.

EU investment policy

Under the Treaty of Lisbon, investment became part of the EU Common Commercial Policy – an exclusive competence of the EU. As a consequence, the European Commission now also negotiates the investment component of trade agreements on behalf of the European Union.

The possibility of dispute settlement between an investor and a state is the enforcement mechanism typically used in agreements containing investment protection. There are currently 3000 bilateral investment treaties in force globally, more than 1400 of which are concluded by EU Member States. The vast majority of them include ISDS, as a necessary enforcement mechanism for those investing in third countries. EU investors are the most frequent users of ISDS worldwide.

The EU is negotiating investment protection and ISDS in a number of agreements, and is already party to the Energy Charter Treaty which provides for investment protection and ISDS. As part of its investment policy, the EU aims to implement extensive improvements to the already existing investor-to-state dispute settlement mechanisms by requiring increased transparency, accountability and predictability. In its agreements, the EU is including firm transparency obligations, so that all documents and hearings are public, provisions against the abuse of the system and provisions ensuring the independence and impartiality of arbitrators. The Regulation published today will help to ensure transparency in investor-to-state disputes that arise under future EU agreements, by foreseeing close consultations and information-sharing between the Commission, Member States and the European Parliament.

Where EU-level agreements including investment protection are concluded, they will replace the Member States’ Bilateral Investment Treaties with the same non-EU countries.

When will the new rules be used?

Although the Regulation will enter into force on 17th September, the rules will only be applied once actual investor-state disputes under EU agreements with an ISDS mechanism arise.

Source: European Commission Press release.

Note: for a further reading on the topic, based on the draft of the Regulation, Jan Kleinheisterkamp, ‘Financial Responsibility in the European International Investment Policy’, (2014) 63-2 International and Comparative Law Quarterly 449-476 (summary here).

  

New Book Published: Recognition in International Civil Litigation – European Enforcement Law

The lectures delivered at the 2013 Conference of the International Association of Procedural Law on recognition of foreign judgments and cross-border enforcement have been collected in a book, recently published by Gieseking Verlag and edited by Prof. Burkhard Hess, under the title Die Anerkennung im Internationalen Zivilprozessrecht – Europäisches Vollstreckungsrecht.

The volume addresses the following topics:

  • Perspectives on recognition within the European Union
  • Recognition under national law in Europe
  • Recognition of foreign judgments in the U.S. and in Asia
  • International enforcement between territoriality, the creditor’s interests and debtor protection
  • The European Account Preservation Order
  • Transparency of assets between the creditor’s interests and debtor protection
  • Liability, Security and Undertakings in cross-border enforcement law.

See here the table of contents. For further information please click here.

Presentation on the Boundaries of European Private International Law on SSRN

The text of the presentation of Veerle Van Den Eeckhout  on the international conference “Boundaries of European Private International Law” at Louvain La Neuve, 5/6 June 2014, entitled “The (Boundaries of) the Instrumentalisation of Private International Law by the European Institutions”.is now available on ssrn.

The abstract reads as follows:

“Where European institutions (the European legislator or the Court of Justice) get involved in PIL, PIL might (also) be assessed in the light of European objectives. Is PIL, thus, evolving into a policy instrument? Two case-studies could be analysed from this perspective: international labour law (with focus on intra-community cross-border situations) and corporate social responsibility (with focus on environmental pollution outside Europe). What interests can or may PIL serve in these areas at the end of the day, and what should be the limits?”