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Professor Ronald A. Brand of the University of Pittsburgh School of Law has posted three new articles with private international law content:

Online Dispute Resolution

This chapter was prepared from a presentation given by the author at the 2019 Summer School in Transnational Commercial Law & Technology, jointly sponsored by the University of Verona School of Law and the Center for International Legal Education (CILE) of the University of Pittsburgh School of Law. The paper reviews the domestic and international progress of online dispute resolution with a particular focus on the negotiations that led to the 2017 UNCITRAL Technical Notes on Online Dispute Resolution

Of Magnets and Centrifuges: The US and EU Federal Systems and Private International Law

Happy New Year to our CoL Readers

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):

International Business Courts – open access book

International Business Courts: A European and Global Perspective  (eds. Xandra Kramer & John Sorabji), Eleven International Publishing 2019.

Following our previous post announcing the publication of a special issues of Erasmus Law Review on International Business Courts (ELR 2019/1) as well as a book expanding on the topic, we bring to the attention of the readers that the book is open access available here. A paper copy can be ordered here (order form) .

Happy New Year’s reading!

Both publications result from and are financed by the ERC Consolidator project Building EU Civil Justice at the Erasmus School of Law in Rotterdam.

The blurb reads:

Call for Applications: 4th IAPL-MPI Summer School, July 2020

Under the direction of Professor Eduardo Oteiza (La Plata National University, Argentina) and Professor Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law), the 4th edition of the IAPL–MPI Summer School will take place at the MPI Luxembourg on 27-30 July 2020.

The Summer School aims at bringing together outstanding young post-Doc researchers dealing with international and comparative procedural law as well as with other relevant dispute mechanisms for civil disputes. By way of exception, researchers at the very final stage of their Ph.D. project may also be admitted.

ASADIP Annual Conference 2019: Report

written by Veronica Ruiz Abou-Nigm

ASADIP (American Association of Private International Law)

13th Annual Conference – Punta del Este, URUGUAY, 21-22 November 2019

TRANSNATIONAL EFFECTIVENESS OF LAW: Recognition and enforcement of foreign judgments, arbitral awards and other acts

On 21 and 22 November 2019, the 13thASADIP Annual Conference took place in Punta del Este (Uruguay) with the participation of more than 30 international speakers from several jurisdictions and over 130 attendees, mostly from the Latin American region, but also from North America and Europe. The theme of the conference was the Transnational Effectiveness of Law:Recognition and Enforcement of Foreign Judgments, Arbitral Awards and other Acts;

Rachael Mulheron, Asserting personal jurisdiction over non-resident class members: comparative insights for the United Kingdom

The opt-out class action involves a unique participant, viz, the absent class member whose claim is prosecuted by a representative claimant, who does not opt-out of the action nor do anything else in relation to it, and yet who is bound by its outcome. In a cross-border class action, the means by which a domestic court may validly assert personal jurisdiction over absent class members who are resident outside of that court’s jurisdiction remains perhaps the single biggest conundrum in modern class actions jurisprudence. The United Kingdom (UK) legislature requires that non-resident class members compulsorily opt-in to the UK’s competition law class action, in order to demonstrably signify their consent to the jurisdiction of the UK court. However, that legislative enactment is unusual, and becoming even rarer, in modern class actions statutes. The comparative analysis undertaken in this article demonstrates that where that type of statutory provision is not enacted, then the judicially-developed “anchors” by which to assert personal jurisdiction over non-resident class members are multifarious, diverse, and conflicting, across the leading class actions jurisdictions. This landscape yields important lessons for UK law-makers, and strongly suggests that the UK legislature’s approach towards non-resident class members represents “best practice”, in what is a complex conundrum of class actions law.

The XXV Annual Conference of the Italian Society of International and EU Law (ISIL) on Shared Values and Commons in the International and Supranational Dimension will be hosted at the University of Salento on 18-19 June 2020. The Conference will consist of three sessions on the following topics:

-The respect and promotion of the democratic values and of the rule of law in the international and European legal orders;

-The mandatory principle of environmental conservation, with special emphasis on sustainability;

-The threats to human rights due to the increasing role played by new technologies in contemporary societies.

Saloni Khanderia & David Stewart on the Hague Judgments Convention

Saloni Khanderia & David Stewart published recently on the Hague Judgments Convention in the following reviews:

  • Saloni Khanderia, The Hague Conference on Private International Law’s Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments: Should South Africa Endorse it?, Journal of African Law (Vol. 63, Issue 3/2019)
  • David Stewart, The Hague Conference Adopts a New Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, American Journal of International Law (Vol. 113, Issue 4/2019)

On 12 and 13 December 2019, the University of Ljubljana (Slovenia) is the destination of many experts and academics of different national and professional backgrounds who will join in the discussion about various legal aspects of the family property in cross-border situations in EU. The event titled “Best Practices in European Family and Succession Law” is the second public event within the Justice co-funded project PSEFS which stands for “Personalised Solution in Family and Succession Law”. Here is the programme of the event.

The news from the project and more are available at the PSEFS web page.

European Association of Private International Law (EAPIL)

We are happy to officially announce that the European Association of Private International Law (EAPIL) has recently been founded!

An independent and non-partisan organization registered as a non-profit association under the laws of Luxembourg, EAPIL aims to promote the study and development of private international law by fostering the cooperation of academics and practitioners  as well as the exchange of information on the sources of the discipline, its scholarship and practice.

To learn more about EAPIL – and to become a member – please check out the Association’s website.

To learn about the EAPIL founding conference, to be held at the University of Aarhus (Denmark) in May 2020, please visit the official conference website.