today, Brexit has become reality – one more reason to think about the EU’s
Judicial Cooperation with third states:
proportion of EU economic growth in the 21st century is expected to arise in
trade with third countries. This is why the EU is building up trade relations
with many states and other regional integration communities in all parts of the
world. The latest example is the EU-MERCOSUR Association Agreement concluded on
28 June 2019. With the United Kingdom’s exit of the Union on 31 January 2020,
extra-EU trade with neighboring countries will further increase in importance. Another
challenge for the EU is China’s “Belt and Road Initiative”, a powerful global
development strategy that includes overland as well as sea routes in more than
100 states around the globe. Read more...
by José Antonio Briceño Laborí, Professor of Private International Law, Universidad Central de Venezuela y Universidad Católica Andrés Bello
In 2019 the Venezuelan Private International Law (hereinafter “PIL”) academic community made clear that, despite all the difficulties, it remains active and has the energy to expand its activities and undertake new challenges.
As an example of this
we have, firstly, the different events in which our professors have
participated and the diversity of topics developed by them, among which the
following stand out: Read more...
Latin American Arbitration Conference, Asunción, Paraguay, May 2019 (Luis
Ernesto Rodríguez – How is tecnology impacting on arbitration?)
By Dr Lukas Schmidt (PhD EBS Law School), law clerk (Rechtsreferendar) at the Regional Court of Wiesbaden, Germany
cross-border insolvencies questions of international jurisdiction might arise either
in relation to the opening of an insolvency proceeding as such, or – further
down the road – in relation to proceedings deriving from already opened insolvency
proceedings. In both cases the European Insolvency Regulation Recast
(Regulation 2015/848) provides for answers: According to Article 3 of the
Regulation the courts of the Member State within the territory of which the
centre of a debtor’s main interests is situated shall have jurisdiction to open
insolvency proceedings. Article 6 of the Regulation provides that the courts in
such Member States shall have jurisdiction as well for actions deriving
directly from insolvency proceedings and closely linked with them. Both kind of
decisions are to be automatically recognized in all other member states, either
through Art. 19 (judgments opening insolvency proceedings) or through Art. 32
(other judgments). Read more...
Speaker: Professor Alex Mills (Faculty of Laws, UCL)
Chair: Professor Campbell McLachlan QC (Victoria University Wellington)
Date and time: 06 February 2020, 6:00 pm to 7:00 pm
Location: Bentham House, UCL Laws, London, WC1H 0EG, United Kingdom
The event is free to attend. The following URL provides full information and registration details: https://www.eventbrite.com/e/the-development-of-private-international-law-in-the-uk-post-brexit-tickets-89779245139
Date: Friday 28th February 2020, 9am-5pm.
Location: Queen Mary
University of London, 67-69 Lincoln’s Inn Fields, Room 3.1, London, WC2A 3JB
This is the first of four public AHRC
workshops on Private International Law after Brexit from global, European,
Commonwealth and intra-UK perspectives.
About the event
With Brexit having taken place on 31 January
2020 this workshop comes at an ideal time to focus on how private international
law in the UK should develop once the implementation period for the UK leaving
the EU has finished (which under UK law should be on 31 December 2020). Several
eminent speakers will address the issue from four key perspectives: Read more...
by Matthias Lehmann
Smart contracts and the conflict of laws is a widely discussed topic today (see for instance the post by Giesela Rühl). A new contribution to this debate comes from ISDA, the International Swaps and Derivatives, in collaboration with the Singapore Academy of Law and leading law firms. Also involved is the provider of an existing smart contract platform (Corda), which guarantees the paper’s practical relevance. The analysis focuses on a potential smart derivative contract to be implemented on Corda. Read more...
represents the final event of the
JUDGTRUST Project (2018-2020), funded by the Justice Programme of
the European Union (2014-2020). The objective of the Project is to
identify best practices and to provide guidelines in the
interpretation and application of Regulation 1215/2012 (BI-bis).
The JUDGTRUST Project is coordinated by the T.M.C. Asser Instituut
and carried out in partnership with the University of Hamburg, the
University of Antwerp and the Internationaal Juridisch Instituut.
The Conference will
host panels on, inter alia,
the scope of application, relationship with other instruments, rules
on jurisdiction, provisional measures, as well as enforcement and
recognition of foreign judgments. Additionally, the key findings from
the National Reports of the EU Member States will be presented. It
aims to bring together academics, policy makers and legal
practitioners. It will take place on Thursday 24 September 2020 at
the T.M.C. Asser Instituut, The Hague. Read more...
Advocate General Szpunar proposes that the Court should rule that the victims of the sinking of a ship flying the Panamanian flag can bring an action for damages under the Brussels I Regulation as a “civil and commercial matter” in the sense of Article 1 before the Italian courts against the Italian bodies which classified and certified that ship.
At para. 47, the Opinion deals with the effect of customary international law on the scope ratione materiae of the Brussels I Regulation and holds: Read more...
The Editorial Team of CoL wishes all of you a Happy New Year! We will continue trying our best to keep you posted on conflict of law views and news from around the world.
A first moment of interest might be on Tuesday 14/01/2020, 09:30 CET. According to the Judicial Calendar of the European Court of Justice, Advocate General Maciej Szpunar will deliver his Opinion on the Request for a preliminary ruling from the Tribunale di Genova (Italy) lodged on 12 October 2018 — LG and Others v Rina S.p.A. and Ente Registro Italiano Navale (Case C-641/18).
The question referred to the ECJ relates to the application of the Brussels I Regulation and it reads (OJ C-25/18 of 21 January 2019): Read more...
Call for papers
Introducing the “European Family” Study on EU family law
2020 Annual Conference of the French Association for European Studies (AFEE) 11 and 12 June 2020
Polytechnic University of Hauts-de-France (Valenciennes)
Summary Read more...