News on the EU’s Accession to the HCCH 2019 Judgments Convention

Today, the European Parliament by adopting JURI Committee Report A9-0177/2022 gave its consent to the accession of the European Union to the HCCH 2019 Judgments Convention.

The Explanatory Statement describes the convention with a view to the “growth in international trade and investment flows” as an “instrument […] of outmost importance for European citizenz ans businesses” and expressed the hope that the EU’s signature will set “an example for other countries to join”. However, the Rapporteur, Ms. Sabrina Pignedoli, also expresses the view that the European Parliament should maintain a strong role when considering objections under the bilateralisation mechanism provided for in Art. 29 of the Convention. Additionally, some concerns were raised regarding the protection of employees and consumers under the instrument.

For those interested in the (remarkably fast) adoption process, the European Parliament’s vote can be rewatched here.

Update: HCCH 2019 Judgments Convention Repository

HCCH 2019 Judgments Convention Repository

 

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, 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 22 June 2022: New entries are printed bold.

Please also check the “official” Bibliography of the HCCH for the instrument.

 

I. Explanatory Reports

Garcimartín Alférez, Francisco;
Saumier, Geneviève
„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 (available here)
Garcimartín Alférez, Francisco;
Saumier, Geneviève
“Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. No. 1 of December 2018 (available here)
Nygh, Peter;
Pocar, Fausto
“Report of the Special Commission”, HCCH Prel.-Doc. No. 11 of August 2000 (available here), pp 19-128

 

II. Bibliography

Ahmed, Mukarrum “Brexit and the Future of Private International Law in English Courts”, Oxford 2022

Last call: JPrivIntL-SMU Virtual Conference on Conflicts of Jurisdiction (23 to 24 June 2022)

As previously announced, the Journal of Private International Law-Singapore Management University Virtual Conference on Conflicts of Jurisdiction will be held online on 23 to 24 June 2022 (6.00 pm to 10.20 pm Singapore time, 11.00 am to 3.20 pm British Summer Time on each day). The event is supported by the Hague Conference on Private International Law (HCCH). Complimentary registration for academics, government and international organisation officials, JPrivIntL Advisory Board members and students will close on 22 June 2022. More information on the conference and the link to register can be found here.

Prestige of Spanish judgment over the UK arbitral award – not on the principle, but on the conditions to it

This morning, the CJEU has pronounced on the interplay between the Brussels I bis Regulation and arbitration, this time in the context of the recognition in the UK of a judgment given by a Spanish court.

I. Facts

This case C-700/20 results from the event taking place two decades ago. Some of you may recall that in November 2002, the Greek-owned and Bahamas-operated oil tanker Prestige encountered a storm in the seas close to Galicia coast in Spain. Being damaged, the tanker eventually sunk leaving oil spill and causing significant damage to northern coast of Spain and the western coast of France.

The Supreme Court’s Decision in ZF Automotive et al. v. Luxshare, Ltd.: A U.S. Perspective

This is a guest post by Izaak Weaver-Herrera, JD student at the University of Pittsburgh School of Law

Third-party discovery in the United States pursuant to 28 U.S.C. § 1782 has often represented a pragmatic, if contentious, tool for international counsel. However, in a decision this week, the U.S. Supreme Court held that § 1782 discovery may be ordered only if the assembled “foreign or international tribunal” is a body which has been conferred governmental or intergovernmental authority. There has already been a wealth of reaction to this decision, including on this site. This post will offer a few additional perspectives.

Conference Invitation – “Sense and Sensibility in Cross-Border Cases: Couples’ Property”

The conference Sense and Sensibility in Cross-Border Cases: Couples’ Property will gather line of academic and expert speakers from several countries who will present the results of the research carried out so far under the EU Justice project EU-FamPro dedicated to the EU Twin Regulations (2016/1103 and 2016/1104) in addition to some national topics. Please check the conference programme for details.

The conference will take place on 30 June 2022 in a beautiful venue of the Jean Monnet Inter-University Centre in Opatija (Croatia) and online. The conference is open access without charging any fees, but registration for both onsite and online attendance is required here by 20 June 2022.

The conference is organised by the University of Rijeka, Faculty of Law and the Croatian Comparative Law Association in cooperation with the University of Camerino, the University of Ljubljana, the University of Almeria and the Lithuanian Law Institute.

ABLI-HCCH webinar: Cross-Border Commercial Dispute Resolution – HCCH 2005 Choice of Court and 2019 Judgments Conventions (27 July 2022

Written by Catherine Shen, ABLI

Following a successful collaboration last year, the Asian Business Law Institute (ABLI) and the Permanent Bureau of the Hague Conference on Private International Law (HCCH) are joining hands again for a second joint webinar this year on Wednesday 27 July between 3 to 6pm (Singapore time).

Titled Cross-border Commercial Dispute Resolution – HCCH 2005 Choice of Court and 2019 Judgments Conventions, the webinar will comprise two sessions, each devoted to one of the conventions. Attendees have the option of attending one or both sessions.

Invited speakers Sara Chisholm-Batten (Partner, Michelmores LLP), the Honourable Justice David Goddard (Court of Appeal, New Zealand), Justice Anselmo Reyes, (International Judge, Singapore International Commercial Court), Nish Shetty (Partner, Clifford Chance LLP) and Dr Ning Zhao Senior Legal Officer, HCCH) are expected to talk about the practical operations of the Choice of Court Agreements and Judgments Conventions, how they complement each other and whether the recent debate on the Choice of Court Agreements Convention is justified.

AMEDIP’s upcoming seminar: The need for a PIL law for Ecuador – 16 June 2022 (at 3 pm Mexico City time)

The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on 16 June 2022 at 3:00 pm (Mexico City time – CDT), 10:00 pm (CEST time). The topic of the webinar is The need for a PIL law for Ecuador and will be presented by Professor Jaime Vintimilla Saldaña (in Spanish).

The details of the webinar are:

Link: https://us02web.zoom.us/j/89189611809?pwd=RXhDeE5Gdlkwd2prWnREeVhVelBudz09

Meeting ID: 891 8961 1809

Password: BMAAMEDIP

Participation is free of charge.

This event will also be streamed live: https://www.facebook.com/AmedipMX

Out now: Zeitschrift für Vergleichende Rechtswissenschaft vol. 121 (2022) no. 2

The most recent issue of the German Journal of Comparative Law (Zeitschrift für Vergleichende Rechtswissenschaft) has just been published. The editors mourn the loss of Professor Peter Mankowski (1966–2022), who served as an editor of the ZVglRWiss from 2009 to his untimely death. This issue contains an obituary written by his academic pupil, Professor Oliver L. Knöfel (Viadrina). In addition, this issue offers several presentations made at the conference “Access – Lessons from Africa” that was held at the University of Bayreuth as well as articles on international tort and corporate law. Here are the abstracts:

 

Eghosa O. Ekhator: Multinational Corporations, Accountability and Environmental Justice: The move towards subregional litigation in Africa

Conference Report: Private International Law Festival 2022 Edinburgh

Private International Law Festival

16 to 17 May 2022

Edinburgh, United Kingdom

by Michael Cremer and Samuel Zeh*

After two years of living through a global pandemic, the very first Private International Law Festival from 16 to 17 May 2022, held in Edinburgh, was the first opportunity for many to finally meet other scholars and exchange ideas in person again. The event was hosted by the University of Edinburgh in cooperation with the Max Planck Institute for Comparative and International Private Law (Hamburg) and organized primarily by Verónica Ruiz Abou-Nigm (Edinburgh).

As its name implies, the Festival was meant as an opportunity for scholars from all around the world to celebrate the many facets of the discipline. This was reflected in the broad range of presentations, which featured both traditional and novel approaches to Private International Law (PIL). The two-day Festival included seven panels, the Forum Conveniens Annual Lecture at Edinburgh Law School and a book launch. Thematically, it encompassed not only sustainable development, decolonial theory and migration governance, but also Private International Law in Scotland, same-sex relationships and many other topics.