In June 2020, the Freiburg Institute for Advanced Studies (FRIAS) held an online symposium dealing with “Global Perspectives on Responsible Artificial Intelligence (AI)”. The range of topics included the implications of AI for European private law (Christiane Wendehorst, ELI/University of Vienna), data protection (Boris Paal, Freiburg), corporate law (Jan Lieder, Freiburg), antitrust (Stefan Thomas, Tübingen), and, last but not least, private international law (Jan von Hein, Freiburg). The videos of the presentations are now available here.
by Marta Pertegás Sender, Maastricht University and University of Antwerp
On 5 February 2021 a group of renowned experts will discuss the attractiveness of Dutch courts in an online interactive seminar. The event will more generally address the settlement of complex private transnational disputes in light of recent Dutch and European legislation.
The starting point for this event is the observation that a number of complex multijurisdictional cases find their way to the Dutch courts. Notorious examples of past and pending collective redress cases include the Shell Nigeria (environmental claims), Libor (market manipulation claims), Petrobras (investor claims) and the “truck cartel” (competition claims) cases.
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may, in advance, ensure that assets or evidence is secured in advance, or that the other party is required to take steps to secure the status quo. This makes the availability of provisional measures granted by either arbitral tribunals or by courts important to the arbitration process. In this chapter, Ron Brand of the University of Pittsburgh School of Law considers the existing legal framework for such provisional measures in aid of arbitration, giving particular attention to the source of the rules that might govern such relief related to international commercial transactions and the arbitration of disputes they may generate. These include the New York Convention, the applicable lex arbitri, institutional arbitration rules, and the arbitration contract. He considers how these sources do or do not provide a comprehensive and coherent framework for effective dispute resolution – including especially the effective satisfaction of any resulting arbitral award – and some of the ways in which the arbitration clause may be drafted to specifically take into account the often unanticipated, but always possible, need for provisional measures.
We have already reported on PSEFS, that stands for “Personalized Solution in European Family and Succession Law”, a co-funded EU Justice project, on two occasions: here and here.
On Tuesday 20 & Wednesday 21 October 2020 the project leader University of Camerino and its partners are organising the Final PSEFS Project Events to disseminate at the project results and discuss the pressing issues in the area of cross-border implications of couples’ property and succession. Rich programme includes many speakers from justice and academia. The event will take place online and participation is free of charge while registration is mandatory – here.
Guillaume Laganière has published his doctoral thesis (McGill University, May 2020) “Liability for transboundary pollution in private international law: a duty to ensure prompt and adequate compensation” online here. Because of the author’s comparative approach to the topic, the work is not only interesting to Canadian readers. The abstract reads as follows:
Our legal response to transboundary pollution depends not only on the adoption of preventive measures and regulatory oversight but also on the existence of civil liability mechanisms. Victims fundamentally seek to hold polluters liable for breaching their duties or deviating from basic standards of diligence, to obtain redress for the damage that ensued and to prevent it from continuing. The process becomes difficult, however, when pollution crosses borders and several domestic regimes are involved. This is where private international law comes into play.
Serena Forlati and Pietro Franzina edited a book on the Universal Civil Jurisdiction, which was published by Brill a couple of days ago. The book features contributions prepared by colleagues from four different European countries and eight universities.
The contributions included are the following:
- ‘The Case of Naït-Liman before the European Court of Human Rights – A Forum Non Conveniens for Asserting the Right of Access to a Court in Relation to Civil Claims for Torture Committed Abroad?’ (Andrea Saccucci, University of Campania);
- ‘The Role of the European Court of Human Rights in the Development of Rules on Universal Civil Jurisdiction – Naït-Liman v Switzerland in the Transition between the Chamber and the Grand Chamber’ (Serena Forlati, University of Ferrara);
EUFams II is a study funded by the European Commission with the objective of assessing the functioning and the effectiveness of European family and succession law. The project is coordinated by the Institute for Comparative Law, Conflict of Laws and International Business Law at Heidelberg University (Prof. Dr. Dr. h.c. Thomas Pfeiffer). Project partners are the Universities of Lund, Milan, Osijek, Valencia and Verona as well as the MPI Luxembourg.
The project will come to a close with an Online Final Conference on Friday, 30 October from 9.30 until 13.00 h. The conference is open to the general public and can be accessed without pre-registration and free of charge. It will cover a wide range of topics in the field of European family and succession law presented by speakers from across Europe.
HCCH 2019 Judgments Convention Repository
In preparation of the Video Roundtable by the University of Bonn and the HCCH on 29 October 2020, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please email us if you miss something in it, we will update immediately…
Update of 13 October 2020: New entries are printed bold.
Please also check the “official” Bibliograghy of the HCCH for the instrument.
- Explanatory Reports
|Garcimartín Alférez, Francisco;
|„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020, Pre-Publication available here|
by José Antonio Briceño Laborí, Professor of Private International Law, Universidad Central de Venezuela y Universidad Católica Andrés Bello
The Master’s Program in Private International Law and Comparative Law at the Universidad Central de Venezuela started on October 1st a series of conferences titled “Master Classes – Selected Topics on Private International Law” held in the Aula Maekelt (Maekelt Classroom), named in honor of the beloved late professor Tatiana B. de Maekelt. The conferences will be held in Spanish (unless otherwise indicated), every fifteen days through the application Google Meet (or other virtual conference application).
TABLE OF CONTENTS
Foreword …………………………………………………………………………………………… xi
Abbreviations …………………………………………………………………………………… xiii
Discerning the Meaning of “Habitual Residence of the Child” in
UK Courts – A Case for the Oracle of Delphi ……………………………………… 1
The EU Succession Regulation before the German Courts 2016-2019 ….. 37
Cross-Border Litigation – New Data, Initial Brexit Implications in
England and Wales and Long-Term Policy Choices …………………………… 57
Nikitas E. HATZIMIHAIL
On the Doctrinal Beginnings of the Conflict of Laws ……………………….. 101
Interim Measures in International Commercial Litigation
Proceedings of the SICL’s 31st Private International Law Day –