Out Now: Arbitrability of Company Law Disputes in Central and Eastern Europe

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The Societas – Central and Eastern European Company Law Research Network organised a comparative law conference on October 20, 2017 on the interesting and complex issue of arbitrability in company law disputes (see our previous post here). The geographical area covered was Central and Eastern Europe. The conference, part of a broader research project, was hosted by the Law Department of the Sapientia University, in the multicultural city of Cluj-Napoca (Kolozsvár, Klausenburg), Romania. At the conference, comparative and national reports were presented, which reflect very different attitudes towards arbitrability in the context of company law litigation. Now, the conference volume has just been released: Arbitrability of Company Law Disputes in Central and Eastern Europe, ed. by Em?d Veress; Cluj-Napoca, Forum Iuris, 2018; ISBN 978-606-94372-3-0. In addition, Professor Csongor István Nagy from the University of Szeged (Hungary) has published the introductory chapter authored by him on SSRN here.

China’s One Belt One Road Initiative and Private International Law

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China's One Belt One Road Initiative and Private International Law (Hardback) book cover

A new book considering the private international law aspects of China’s One Belt One Road Initiative will be out in early June. The publisher’s blurb is below.

China’s One Belt One Road Initiative and Private International Law will soon be released by Routledge. It is available for pre-ordering now at https://www.routledge.com/Chinas-One-Belt-One-Road-Initiative-and-Private-International-Law/Sooksripaisarnkit-Garimella/p/book/9781138563827

Edited by Dr Poomintr Sooksripaisarnkit, of the Australian Maritime College, University of Tasmania, and Dr Sai Ramani Garimella, of the South Asian University, the book explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and politics of international trade.

Contributors include:

  • Poomintr Sooksripaisarnkit – Australian Maritime College, University of Tasmania
  • Yujun Guo and Pengyuan Fu – Wuhan University
  • Man Yip – Singapore Management University
  • Sai Ramani Garimella – South Asian University
  • Ivana Kunda – University of Rijeka
  • Zhengxin Huo – China University of Political Science and Law
  • Bruno Zeller – University of Western Australia
  • Kittiwat Chunchaemsai – Thammasat University
  • Thomas John – Hague Conference on Private International Law
  • Rishi Gulati – Victorian Bar, Australia
  • King Fung Tsang – The Chinese University of Hong Kong
  • Beligh Elbati – Osaka University
  • Banu Bozkurt – Akdeniz University

Seminar International Business Courts 10 July: registration is open!

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On 10 July 2018, a seminar on the establishment of international business courts in five Member States. will be held in Rotterdam. It is jointly organized by Erasmus, the MPI Luxembourg and Utrecht University, will be held in Rotterdam We will discuss these initiatives, in particular the novelties in the court administration and the procedural rules, exchange views on the possible impact on international commercial and complex litigation, and reflect on the challenges ahead. Eminent speakers from the Netherlands, the United Kingdom, France, Germany, and Belgium will shed their light on these new courts and existing practices. The seminar will bring together practitioners, academics, business representatives and policy makers from different countries.

The organizers warmly invite you to attend! Please find the link to the full outline, the program, and registration here. We look forward to welcoming you in Rotterdam and to exchange views with you.

The seminar is organised by Erasmus School of Law under the ERC project ‘Building EU Civil Justice’ (Erasmus University Rotterdam), the Max Planck Institute for Procedural Law Luxembourg (Burkhard Hess), and the Montaigne Centre for Rule of Law and Administration of Justice of Utrecht University (Eddy Bauw).

The Supreme Court deals the death blow to US Human Rights Litigation

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Written by Bastian Brunk, research assistant and doctoral student at the Institute for Comparative and Private International Law at the University of Freiburg (Germany)

On April 24, the Supreme Court of the United States released its decision in Jesner v Arab Bank (available here; see also the pre-decision analysis by Hannah Dittmers linked here and first thoughts after the decision of Amy Howe here) and, in a 5:4 majority vote, shut the door that it had left ajar in its Kiobel decision. Both cases are concerned with the question whether private corporations may be sued under the Alien Tort Statute (ATS). Read more

Diplomat Lawyer Vacancy at the Permanent Bureau of the HCCH

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By the Permanent Bureau of the Hague Conference on Private International Law (HCCH)

DIPLOMAT LAWYER ((FIRST) SECRETARY) with the following qualifications:

  • Outstanding academic record and expertise in private international law (PIL);
  • Common-law trained, with good comparative law background, including in the field of PIL
  • Good knowledge of Hague Conventions (and other Hague instruments), including in the areas of Family Law and related Hague Children’s Conventions
  • Good knowledge of public international law including the law of treaties; experience in international negotiations is desirable;
  • Excellent drafting capabilities (dissertation and / or Ph.D., law review or other publication experience will be taken into account);
  • 13-15 years of relevant post-qualification experience in academia, law practice, domestic administration, and/or in an intergovernmental organisation;
  • Complete fluency both spoken and written, in at least one of the working languages of the Conference (French or English), with preference given to candidates who also have a strong working knowledge of the other official language;
  • Applications from qualified female candidates are particularly welcomed;
  • Candidates from outside Europe are especially encouraged to apply.

The selected candidate will reinforce the team at the Permanent Bureau; his or her portfolio will include several Conventions and may include ongoing legislative projects. He or she will be part of the senior management team and assure a good, co-operative working atmosphere, conducive to team work and efficient communications, both within the Permanent Bureau and in relations with representatives of States and Organisations (respect of the Permanent Bureau’s core values is essential). The selected candidate will represent the HCCH in dealings with Members as well as other stakeholders and interested parties. He or she will also be expected to assist with the administration of the Permanent Bureau.

The position requires frequent travel to both neighbouring and distant countries.

Type of appointment and duration: three-year contract (with a one-year probationary period), possibility for renewal (medical clearance required).

Grade (Co-ordinated Organisations scale for the Netherlands): +/- A4/A5 subject to relevant experience. Secretarial status granted according to the Statute of the Hague Conference and Diplomatic status, with the relevant privileges and immunities, according to the agreements of the Hague Conference with the Netherlands Ministry of Foreign Affairs.

Deadline for applications: 26 May 2018

Anticipated starting date: September/October 2018

Applications: written applications should be sent by e-mail, with Curriculum Vitae, letter of motivation and contact information for at least two references, to be addressed to the Secretary General, e-mail: applications@hcch.nl.

In view of the terms of the Statute of the HCCH according to which diversity of geographic representation and of legal expertise shall be taken into account, candidates should preferably not have (exclusively) Swiss, Canadian or Portuguese nationality.

The short-listed candidates whose applications are retained will be invited to an interview with a Selection Committee which will include the Chairman of the Netherlands Standing Government Committee, the Chairman of the Council on General Affairs and Policy, and Members of the Permanent Bureau. They may also be invited to take part in an external professional assessment.

The Permanent Bureau reserves the right not to make any appointment to this vacancy, to make an appointment at a lower grade, or to make an appointment with a modified job description.

No handshake, no citizenship – but with a second wife, everything’s fine?

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Two recent judgments of European courts have highlighted the difficulty in finding the right balance between the cultural assimilation of Muslim immigrants demanded by national laws on citizenship and the necessary degree of tolerance towards foreign laws and customs. In a widely reported decision of 11 April 2018, the French Council of State (Conseil d’Etat) ruled that a naturalisation of an Algerian-born woman could be revoked because she had refused to shake hands with a male public servant during the naturalisation ceremony. Read more

The Foundation of Choice of Law: Choice and Equality

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The Foundation of Choice of Law: Choice and Equality by Dr Sagi Peari has been published by OUP recently. Please find the abstract below:

This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called “choice equality foundation” (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF’s vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. 

Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Interne
t.

Please click to download the Flyer.

Child Abduction and Habitual Residence in the Supreme Court of Canada

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The Supreme Court of Canada, in Office of the Children’s Lawyer v Balev (available here), has evolved the law in Canada on the meaning of a child’s habitual residence under Article 3 of the Hague Convention.  The Convention deals with the return of children wrongfully removed from the jurisdiction of their habitual residence.

A majority of the court identifies [paras 4 and 39ff] three possible approaches to habitual residence: the parental intention approach, the child-centred approach, and the hybrid approach.  The parental intention approach determines the habitual residence of a child by the intention of the parents with the right to determine where the child lives.  This approach has been the dominant one in Canada.  In contrast, the hybrid approach, instead of focusing primarily on either parental intention or the child’s acclimatization, looks to all relevant considerations arising from the facts of the case.  A majority of the court, led by the (now retired) Chief Justice, holds that the law in Canada should be the hybrid approach [paras 5 and 48].  One of the main reasons for the change is that the hybrid approach is used in many other Hague Convention countries [paras 49-50].

The dissent (three of the nine judges) would maintain the parental intention approach [para 110].  One of its central concerns is the flexibility and ambiguity of the hybrid approach [para 111], which the judges worry will lead to less clarity and more litigation.  Wrongful removal cases will become harder to resolve in a timely manner [paras 151-153].

The majority did not apply the law to the facts of the underlying case, it having become moot during the process of the litigation [para 6].  The court rendered its decision to provide guidance going forward.  The dissent would have denied the appeal on the basis that the child’s habitual residence was in Germany (as the lower courts had held).

The court briefly addresses the exception to Article 3 in what is commonly known as “Article 13(2)” (since it is not numbered as such) – a child’s objection to return – setting out its understanding of how to apply it [paras 75-81 and 157-160].

The Supreme Court of Canada has recently adopted the practice of preparing summaries of its decisions (available here for this decision) to make them more accessible to the media and the public.  These are called “Cases in Brief”.

International Law Association: Biennial Conference in Sydney and Annual Meeting of the German Branch

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In 2018, the Australian Branch of the International Law Association (ILA) will be hosting the biennial ILA conference. The conference, which is being held in Sydney, Australia, from 19-24 August 2018, is a major international event that will bring together hundreds of judges, academics, practitioners and officials of governments and international organisations from all around the globe. To register please follow this link. Please note that he early bird rate is available until 31 May 2018. The draft conference programme is now available on the ILA website here.

The German branch of the ILA will hold its annual meeting on 22 June, 2018, in Frankfurt (Main). This year’s topic is „International Dispute Resolution in Times of Crisis”. The list of distinguished speakers will include the Vice-President of the European Court of Human Rights, Professor Dr. Angelika Nußberger (Strasbourg/Cologne), Professor Dr. Giesela Rühl (University of Jena), and Professor Dr. Stephan Schill (University of Amsterdam). You may find the full programme and further information here.

The ILA was founded in Brussels in 1873. Its objectives, under its Constitution, are “the study, clarification and development of international law, both public and private, and the furtherance of international understanding and respect for international law”. The ILA has consultative status, as an international non-governmental organisation, with a number of the United Nations specialised agencies. For further information and a welcome address from ILA chairman Lord Mance, please click here.

The Hague Judgments Project & The EU: public hearing (24 April 2018)

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The European Parliament Committee on Legal Affairs will hold a public hearing on «The Hague Judgments Convention» in Brussels, on 24 April 2018, from 15.00-16.30. The hearing is aimed at bringing together Members of the European Parliament, Commission representatives, the Permanent Bureau of the Hague Conference and stakeholders with a view to discussing the ongoing negotiations on a world-wide Convention on the recognition and enforcement of judgments in civil and commercial matters.

Since the recognition and enforcement of judgments is a matter of EU exclusive competence, the Commission represents all Member States (except Denmark) on the basis of the negotiating directives adopted by the Council in 2016. A third Special Commission was held in November 2017, which focused on intellectual property matters and general and final clauses, whereas the fourth and final Special Commission Meeting will take place in May 2018. This hearing will therefore provide the opportunity to get up to speed with the results of the three meetings of the Special Commission as well as with the next steps and future stages of the project.

Announcement: http://www.europarl.europa.eu/committees/en/events-hearings.html?id=20180403CHE03681

Draft Programme: http://www.europarl.europa.eu/cmsdata/141460/juri-committee-hearing-hague-judgments-project.pdf

April 2018 JURI Study: http://www.europarl.europa.eu/RegData/etudes/STUD/2018/604954/IPOL_STU(2018)604954_EN.pdf