5th Journal of Private International Law Conference, Madrid, 12-13 Sep 2013
Building on the very successful Journal of Private International Law conferences in Aberdeen (2005), Birmingham (2007), New York (2009), and Milan (2011) the 5th Conference of the Journal will take place in Madrid on 12-13 September 2013. The organization of the Conference is shared by the Law Faculties of Universidad Autónoma de Madrid and Universidad Complutense. The Programme is reproduced in full below. All of the details on venue, accommodation and registration can be found on the conference website.
The Programme
Thursday 12th September 2013
9.00 – 9.30 Registration
9.30 – 10.00 Welcome session (J. Harris + local judicial or academic authorities)
10.00 – 11.30 Panels
Group 1 – MINORS & NAME
| CARPANETO, Laura | Few proposals on the “adaptation” of Brussels II-bis with specific reference to the rules on parental responsibility |
| FIORINI, Aude | The Hague Child Abduction Convention and the Habitual Residence of Newborns – a Comparative Study |
| GONZÁLEZ MARTÍN, Nuria | International Child Abduction and Mediation: Feasibility and Suitability of a Guide of Good Practice |
| TRIMMINGS, Katarina | Embryo transfer in international context |
| GUZMÁN ZAPATER, Mónica | The right to a name: observatory on the progress made by the EU on the continuity of civil status |
| Mikša, Katažyna | New rule – old problem? The law applicable to surnames in new Polish Act on Private International Law |
Group 2 – CODIFICATION
| FRANZINA, Pietro | Codifying Private International Law – Some Thoughts on the Reasons of a Resurgent Trend |
| ERDÖS, Itsvan | Unity or Diversity? Should there be a European Code of Private International Law? |
| PAUKNEROVA, Monika & PFEIFFER, Magdalena | New Act on Private International Law in the Czech Republic: Starting Points and Perspectives within the European Union |
| ALMEIDA, Bruno& ARAUJO, Nadia | Two steps forwards, one step back? Recent developments and pending challenges of PIL practice in Brazil |
| Deskoski, Toni &Dokovski, Vangel | Choice of court agreements in Macedonian Private International Law and in the Brussels I Regulation (and the influence of the Brussels I Regulation on the legal systems of the third countries) |
Group 3 – TORTS – JURISDICTION
| DYRDA, Lukas | Autonomous interpretation in European private international law – several remarks on the notion of “the place where the harmful event occurred or may occur” under the Brussels I Regulation and the new Regulation No 1215/2012 in intellectual property infringement cases |
| CORDERO, Clara Isabel | The need for an EU coordinated legislative approach on cross-border violations of privacy |
| VALLAR, Julia | Is art. 5.3 of EC Reg. NO. 44/2001 applicable in respect of an action for a negative declaration in tort matters? |
| KNÖFEL , Oliver | Taming the Leviathan – Liability of States for Sovereign Acts (Acta Iure Imperii) as a Challenge for EU Private International Law |
Group 4 – ARBITRATION
| ASON, Agnieszka | The Revised Brussels Regulation: A New Approach To Arbitration in the European Rulemaking |
| HAUBERG WILHEMSEN, Louise | European Perspectives on International Arbitration |
| ZACARIASIEWICZ, Maciej | Vindicating public interest through application of mandatory rules in international commercial arbitration |
| GROSSU, Manuela | Waving the Right to Challenge Arbitral Awards as the Outcome of Hybrid Procedures |
| Hacibekiroglu, Ekin | Taking evidence in international commercial arbitration |
11.30 – 12.00 Coffee Break
12.00 – 13.30 Panels
Group 5 – MARRIAGE & MATRIMONIAL PROPERTY
| RAITIERI, Marco | Citizenship as a connecting factor in private international law for family matters |
| SHAKARGY, Sharon | Marriage by the State or Married to the State? On Choice of Law in Marriage and Divorce |
| QUINZA, Pablo | The establishment of an optional common European matrimonial property regime: an alternative way for international couples. |
| TORGA, Maarja | Establishing the ‘cross-border’ nature of a matrimonial property dispute under the proposed EU regulation on the matrimonial property regimes |
| SAPOTA, Anna | Compromise or enhanced cooperation – the possible ways to deal with EU proposal on matrimonial property regimes and property consequences of registered partnership |
Group 6 – GENERAL PIL
| CANOR, Iris | The Principle of Non-Discrimination in Private International Law |
| FULLI-LEMAIRE, Samuel | Characterisation – a problem reborn? |
| MAUNSBACH, Ulf | Justifying the exclusion of choice |
| HOLLOWAY, David &SCHULTZ, Tomas | Comity in European PIL |
| SHRIVASTAVA, Vishal | A Case Study on the Need for Strengthening the International Court of Justice |
Group 7 – RECOGNITION AND ENFORCEMENT IN THE EU
| TORRALBA, Elisa & RODRÍGUEZ PINEAU, Elena | What’s in a Judgment? Reflections on res judicata, jurisdiction and ECJ’s activism |
| AZCÁRRAGA MONZONÍS, Carmen | New Developments in the Scope of Free Movements of Public Documents in the European Union |
| SERRANO, Giuseppe | Private enforcement of administrative acts adopted by a foreign competition authority: a PIL perspective |
| DOWERS, Neil | Underpinning the internal market: the doctrine of mutual trust, the fundamental freedoms, and European private international law |
| GILLIES, Lorna | Assessing the Role of Public Policy and the Utility of Jurisdiction and Choice of Law Rules for the Effective Return of Cultural Property Objects Unlawfully Removed from a Member State |
Group 8 – COMPANY LAW & FINANCE
| MUCCIARELI, Federico Maria | Company’s private international law in the 21st Century: dealing with complexity |
| WINSHIP, Verity | Jurisdiction Over Corporate Groups |
| Yüksel, Burcu | The Choice of Law Aspects of International Funds Transfers |
| WAHAB, Mohamed S. Abdel | The Law Governing Public Private Partnership Agreements: BetweenParty Autonomy and Overriding Regulatory Policies |
| AKSELI, Orkun | Assignment of Receivables and the Conflict of Laws |
13.30 – 15.00 Lunch (a short guided visit to “La Corrala” will be available at 14.30)
15.00 – 16.30 Panels
Group 9 – SUCCESSION
| Yatsunami, Ren | Characterization of Trust in Consideration of Neighboring Legal Relationships |
| HOLLIDAY, Jayne | Habitual residence: room for improvement? |
| PERONI, Giulio | From the principle of unity to the principle of divisibility of the patrimony: new tendencies in international private law |
| NAGY, Csongor Itsván | The functions of party autonomy in international family and succession law – an EU perspective |
| WYSOCKA-BAR, Anna | Modification and revocation of professio iuris under the EU Succession Regulation |
Group 10 – CONTRACTS
| RESZCZYK | Law applicable to voluntary representation |
| Van Hoek, Aukje | Private international law for cross-border posting of workers: one union, many models of protection |
| ÁLVAREZ ARMAS, Eduardo | Private International Law and the rights of air and sea passengers in the EU: A puzzle and a lock in the access to justice. |
| POLIDO, Fabricio | Critical interactions between Private International Law and the Vienna Convention on Contracts for the International Sale of Goods of 1980 – CISG: A view from the Brazilian legal environment |
| ÖZGENC, Zeynep | Choice of Law in contract of affreightment: the approach of Turkish private international law. |
Group 11 – BRUSSELS I RECAST – JURISDICTION
| CAMPUZANO DÍAZ, Beatriz | The scope of application of the rules on jurisdiction after the recast of Brussels I Regulation |
| MIGLIO, Alberto | The Recast of Brussels I and Jurisdiction Over Third State Defendants |
| HERRANZ BALLESTEROS, Mónica | Law applicable to choice of court agreements in Brussels I Recast |
| SÁNCHEZ DÍAZ, Sara | Choice of court agreements: Brussels I Regulation Recast |
| AÑOVEROS TERRADAS, Beatriz | Collective Redress and Consumer Protection in Europe |
Group 12 – JURISDICTION & ENFORCEMENT
| ARZANDEH, Ardavan | Spiliada: An unpredictable doctrine? |
| TARMAN, Zeynep Derya | Jurisdiction Turkish courts |
| KEYES, Mary & MARCHALL, Brooke | Potestativité and party autonomy |
| DARIESCU, Cosmin | When Forum non Conveniens objection can be invoked before Romanian Courts? |
| Ozcelik, Gulum | Public Policy Intervention in the Recognition and Enforcement of Foreign Judgments: Turkish Perspective |
16.30 – 17.00 Coffee Break
17.00 – 18.30 Panels
Group 13 – TORTS- APPLICABLE LAW
| Grusic, Ugljesa | Regulating the Environment and Private International Law |
| ERKAN, Mustafá | Product Liability in Turkish Private International Law: Is Turkey Looking Towards the Rome II Regulation? |
| BRIGHT, Clair | Civil Liability for Corporate Human Rights Abuse; The issue of extraterritorial jurisdiction |
| Sousa Gonçalves, Anabela Susana de | The General Rules of the EU Regulation No 864/2007 (Rome II) |
| PITEL, Stephen & HARPER, Jesse | The Law Governing Tort Claims: Twenty Years of the Lex Loci Delicti |
Group 14 – INSOLVENCY
| HEREDIA CERVANTES, Iván | Arbitral agreements and arbitral procedures in the Insolvency Regulation. |
| PENADÉS FONS, Manuel | Conflict of laws to solve laws in conflict: Balancing cross-border insolvency and international arbitration. |
| McCORMACK, Gerard | Reforming the European Insolvency Regulation – changing what is on the menu |
| GUANJIAN Tu, andXiaolin Li | Cross-Border Bankruptcy: A Call and A Suggestion for Cooperation within China |
Group 15 – SALES/CESL
| HEIDEMANN, Maren | Choice of law under the proposed Common European Sales Law |
| PORCHERON, Delphine | Unification of substantive rules and private international law: a study of their relationship through the example of the Common European Sales Law |
| RUIZ ABOU NOGM, Verónica | Designing Ways Forward: Lateral Thinking, Private International Law and the Common European Sales Law’ |
| Strecker, Sophie & BERRY, Elspeth | Rome I, Party Autonomy and the Choice of Non-State Law: Difficulty or Opportunity? |
| SÜRAL, Ceyda | Conflict of laws rules: a barrier before the application of Unidroit principles or not? |
20.30 Conference Dinner in Pabellón de los Jardines de Cecilio Rodríguez (El Retiro)
Friday 13th September 2013
9.30 -11.00 Plenary session I RECOGNITION & ENFORCEMENT
Chair: Francisco J. Garcimartín Alférez
| GASCÓN INCHAUSTI, Fernando | The abolition of exequatur proceedings in the “new” Brussels Regulation |
| TUO, Chiara E. | The re-evaluation of foreign judgments under EU Regulation 1215/12: between prohibitions and mutual trust |
| LEHMANN, Matthias | A System sui generis?Res judicata effect of Member State Judgments in the European Union |
| BEAUMONT, Paul & WALKER, Lara | Recognition and Enforcement of Judgments in Civil and Commercial Matters: Lessons from Brussels for the Hague |
| OPPONG, Richard Frimpong & NIRO, Lisa | Recognition and Enforcement of Judgments of International Courts in National Courts: Emerging Jurisprudence and Challenges Ahead |
11.15 -11.45 Coffee break
11.45 – 13.15 Plenary session II CONTRACTS & TORTS
Chair: Pedro A. De Miguel Asensio
| LEIN, Eva | Extending Jurisdiction under Art 5(3) Brussels I Regulation to Accomplices? |
| DANOV, Mihail | Private Antitrust Litigation and Private International Law in a Global Context |
| TERAMOTO, Shinto & Jur?ys Paulius | IP Intermediaries In Conflict Of Laws: A Social Network Perspective |
| ALBORNOZ, Mª Mercedes | The internet and private international law of contracts |
| OREJUDO PRIETO DE LOS MOZOS, Patricia | PIL matters relating to crowdfunding |
| MÄSCH | Agency and conflict of laws |
13.30 – 15.00 Lunch
15.00 -16.30 Plenary session III GLOBAL LITIGATION
Chair: Paul Beaumont
| PERTEGÁS, Marta & Teitz, L.E. | The benefits of regional and global litigation instruments for foreign trade and investment |
| CHILDRESS, Donald Earl | Transnational litigation and PIL |
| GROSSE RUSE-KHAN, Henning | A conflict of laws approach to competing rationalities in international law. The Case of Plain Packaging between IP, Trade, Investment and Health |
| UBERTAZZI, Benedetta | Private International Law before the International Court of Justice |
| MAHER, Gerard & RODGER, Barry | Countries, States, and Legal Systems: An International Private Law Perspective |
| TANG, Zheng Sophia | Corruption in International Commercial Arbitration—Special Conflict of Laws Challenges |
16.30 -17.00 Coffee Break
17.00 -18.00 Conference by A.G. Pedro Cruz Villalón
18.00 – 18.30 Concluding remarks and closing words by P. Beaumont