Private International Law Festival Edinburgh 16-17 May

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The University of Edinburgh, together with the Max Planck Institute for Comparative and International Private Law, organizes a new event, a two day Private International Law Festival, scheduled for 16 & 17 May. Besides various thematic panels, the festival includes this year’s Forum Conveniens Annual Lecture by Máire Ní Shúilleabháin (University College Dublin) and a book launch of Paul Beaumont and Jayne Halliday (eds), A Guide to Global Private International Law (Hart, 2022).

Register here.

CJEU fitting an order issued in a Member State on the basis of a third State judgment within the Brussels I bis Regime, case H Limited, C-568/20

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In the judgment in Owens Bank, C-129/92, the Court of Justice held that the Brussels Convention does not apply to proceedings in a Contracting State concerning the enforcement of judgment given in civil and commercial matters in non-contracting State.

However, that judgment does not clarify whether the Convention applies to a judgment issued in a Contracting State on the basis of a judgment from a non-contracting State and, maybe more accurately, to proceedings concerning its enforcement in a different Contracting State. Unsurprisingly, as some national procedural laws provide for a possibility to ‘introduce’ a third State judgment within their system through a simplified and/or summary procedure, this question has been debated in the literature.

Read more

Virtual Book Launch – Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still?

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Further to the announcement of the release of the book edited by Dr Poomintr Sooksripaisarnkit and Dharmita Prasad entitled Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still (Springer 2022) earlier in this portal, the editors of the book are organising a virtual book launch to engage further in conversations surrounding the themes of the book.

The virtual book launch will be held on 29th April 2022 and it is to be hosted by Jindal Global Law School, O.P Jindal University.

It features strong panel of experts including Professor Alex Mills (University College London), Rishi Gulati (Owen Dixon Chambers East), Dr Veronica Ruiz Abou-Nigm (Edinburgh Law School), Dr Ivana Kunda (University of Rijeka) and Professor Ralf Michaels (Max Planck Institute for Comparative and International Private Law).


Please refer to the poster below of the event for details. To register: https://us06web.zoom.us/meeting/register/tZwvduyrrzIuGNVE-U8VT1DthK0SZV0BudZV

 




Conference: Fundamental Rights in Private International Law – Present and Future in South Africa, Belgium, and The Netherlands

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We are happy to share the following information on a conference organised by Robin Cupido (University of Cape Town), Benedikt Schmitz (University of Groningen), and Michiel Poesen (KU Leuven), which will be held in Leuven, Belgium, and online on 16 June 2022 (languages: Dutch and Afrikaans), with funding provided by Tijdschrift voor Privaatrecht.

The conveners invite all interested scholars to a one-day conference that explores the interplay between fundamental rights and private international law in the broadest sense. We are looking forward to the following presentations given by young PIL scholars from South Africa, Belgium, and The Netherlands:

  • De sociale impact van grensoverschrijdende bedrijfsmobiliteit in Europa (Marilou Hubers, Universiteit Maastricht)
  • Asymmetrische forumkeuze en recht op eerlijk proces (Nischa Vreeling, Rijksuniversiteit Groningen)
  • Publieke belangen in het IPR-consumentenrecht (Benedikt Schmitz, Rijksuniversiteit Groningen)
  • Bevoegdheid in het EU IPR: vehikel voor bescherming van fundamentele rechten? (Michiel Poesen, KU Leuven)
  • Persoonlijke identiteit v. nationale constitutionele identiteit: interactie tussen EU recht en internationaal privaatrecht (Hester Kroeze, UGent: Raad van State)
  • Die beskerming van migrante kinders in internasionale privaatreg (Robin Cupido, Universiteit van Kaapstad)
  • The Right to Freedom of Religion and Conscience: A Comparative Analysis of the Doctrine of Entanglement (Mathabo Baase, Universiteit van Kaapstad)

Special thanks to Prof. Xandra Kramer (keynote speaker), and Prof. Geert van Calster and Prof. Thalia Kruger (chairs of the roundtables).

Please click here for more information and to register.

Online conference on Sustainable Finance in European Jurisdictions, 29 and 30 April 2022

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The Ferenc Mádl Institute of Comparative Law, Justus Liebig University Giessen and Vienna University of Economics and Business (WU) are organizing the conference Sustainable Finance in European Jurisdictions, with the aim of investigating from a comparative law perspective the regulation underpinning the capital flow into sustainable enterprises. The conference will take place at the Hungarian Academy of Sciences in Budapest on 29 and 30 April 2022 and will also be transmitted via Zoom.

The conference brings together academics to present their findings on 14 different European jurisdictions, seeking to discuss regulation in order to address inconsistencies and identify the path forward. As the challenges faced in this field are global, the necessity for international collaboration appears crucial. Identifying the national regulatory interests and eventual conflicts pave the way to reform and harmonisation.

Attendance is free of charge, however prior registration is mandatory.

See the conference agenda and registration form.

Cross Border Legal Issues Dialogue Seminar Series – ‘From Certainty to Uncertainty – CISG in Hong Kong’ by Prof. Poomintr Sooksripaisarnkit (Online, 29 September 2022)

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The Chinese University of Hong Kong’s Centre for Comparative and Transnational Law is organising the seminar From Certainty to Uncertainty – CISG in Hong Kong

On 29th September 2021 at 12:30–2:00pm (Hong Kong Time), the Legislative Council of the Hong Kong Special Administrative Region passed the Sale of Goods (United Nations Convention) Ordinance (Cap. 641) in order to give effect to the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG). The Ordinance is expected to come into force at some points in 2022. While the CISG seems like a successful international treaty with (currently) 94 State Parties, yet it is not uncommon for international commercial parties to in fact “opt out” or exclude its application as per the mechanism provided for in Article 6. Not all provisions in the CISG are written in a clear manner. Certain concepts contained therein are unfamiliar to lawyers trained in the common law legal tradition. This seminar is to argue that the decision to introduce the CISG into Hong Kong was in fact the decision to introduce uncertainty into an area of law which was once certain with well-supported statutes, case law authorities grounded upon the solid common law foundation, and advanced private international law and dispute resolution mechanisms.

About the speaker:

Dr Poomintr Sooksripaisarnkit is a Lecturer in Maritime Law within the Australian Maritime College, University of Tasmania. He is also holding a position of a Research Associate within the Research Centre for Private International Law in Emerging Countries, University of Johannesburg, South Africa. He is a Fellow of the Chartered Institute of Arbitrators and the Supporting Member of the London Maritime Arbitrators Association. His research interests lie in commercial conflict of laws (private international law), insurance law, private aspects of admiralty and maritime law, carriage of goods by sea, international sale of goods carried by sea, and aspects of international arbitration. His recent publications include: Poomintr Sooksripaisarnkit and Dharmita Prasad (eds), Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still (Springer Nature 2022), Poomintr Sooksripaisarnkit and Sai Ramani Garimella (eds), Contracts for the International Sale of Goods: A Multidisciplinary Perspective (Thomson Reuters Hong Kong Limited 2019), Poomintr Sooksripaisarnkit and Sai Ramani Garimella (eds), China’s One Belt One Road Initiative and Private International Law (Routledge 2018)

CPD credit is available upon application and subject to accreditation by the Law Society of Hong Kong (currently pending).

Register here by 5 pm (Hong Kong time) on 26 May 2022 to attend the seminar.

EVENT ANNOUNCEMENT: Section 1782 (& Other Circuit Splits Regarding Arbitration) at the U.S. Supreme Court

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The Center for International Legal Education at Pitt Law and the Chartered Institute of Arbitrators–North America Branch are jointly hosting a hybrid panel event on 21 April from 1-5ET.

This event will bring together academics, arbitrators, and counsel to discuss strategic considerations, best practices, and the legal discord in procuring third-party discovery in aid of arbitration. Top of the agenda will be a discussion of the recent Supreme Court argument regarding 28 U.S.C § 1782, which has given rise to nationwide discord regarding whether parties in international arbitrations can ask federal courts to order U.S. discovery in aid of arbitral proceedings.

Registration for both virtual and in-person attendance in Pittsburgh can be found here.

CILE-CIArb Event

Transnational Litigation Blog

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A new blog devoted to transnational litigation — Transnational Litigation Blog, or TLB — is now officially up and running. The primary focus of TLB is on transnational litigation in U.S. courts (both state and federal). It covers notable new cases and recent scholarship and provides commentary on decisions and developments. The founding editors of TLB are John Coyle (North Carolina), Bill Dodge (UC-Davis), Maggie Gardner (Cornell), and Ingrid Brunk Wuerth (Vanderbilt). A link to the blog can be found here.

Saudi Arabia has joined the HCCH Apostille Convention

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Last week Saudi Arabia acceded to the HCCH Apostille Convention. The Apostille Convention will enter into force for Saudi Arabia on 7 December 2022. The HCCH news item is available here.

This accession is remarkable in two ways.  First, it clearly signals an increased interest in the Apostille Convention in the Middle East. In this regard, it should be noted that the Apostille Convention entered into force for Bahrain on 31 December 2013 and for Oman on 30 January 2012. For a list of Contracting Parties, click here.

Secondly, it will greatly facilitate the ease with which public documents circulate in this region (and globally) as in some of these countries a legalization, especially for commercial documents, is either very expensive or the fees are dependent on a percentage of the total amount of the invoice or a tabular fee. See for an example here. The price of an Apostille should be, after all, reasonable.

Online Seminar BEUC Judges & Collective Redress

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                    Judges & collective redress:

new perspectives and opportunities for judiciary

          Thursday 12 May 2022, 15:00 to 17:30 CEST

       This online event will be held in English and is reserved for judges and members of judiciaries.

 

                            >>> REGISTER HERE <<<

Judges may play an important role in collective redress actions following mass harm situations. Mass harm situations refer to cases where a number of persons are harmed by the same illegal practices relating to the violation of their rights by one or more traders or other persons. Collective redress actions may seek the cessation of such practices and/or compensation. The fact that such disputes concern large numbers of persons raises specific procedural challenges but also offers opportunities in terms of efficient administration of justice.

In the context of the EU’s Representative Actions Directive, which will come into application in June 2023, judges will be called upon to undertake specific tasks. Depending on the national rules transposing the Directive, they may be required to assess the admissibility and merits of the actions, to ensure that consumers are appropriately represented and informed, to verify that the interests of all represented parties are well-protected, etc. The objective of this workshop is to raise awareness on collective redress and to exchange on the roles of judges in collective redress actions.

During a panel discussion, three judges with recognised expertise in the field of collective redress will share their insight and experience:

Mr. Fabian Reuschle (judge at the Stuttgart Regional court – Landgericht – Germany). Fabian Reuschle actively participated in the adoption of the German Capital Markets Model Case Act (KapMuG) establishing a lead case procedure for the collective handling of capital market-related actions.

Sir Peter Roth (judge at the London High Court & UK Competition Appeal Tribunal). Sir Peter presided over a collective litigation against MasterCard lodged on behalf of 46 million consumers.

Mr. Jeroen Chorus (retired judge, formerly at the Amsterdam Court of Appeal, the Netherlands). Jeroen Chorus was notably in charge of the Dexia and Shell mass settlement with consequences on consumers in multiple European jurisdictions.

Programme:

15:00-15:05 Welcome
15:05-15:15 Setting the scene: What does collective redress mean for judges? (Stefaan Voet, KU Leuven University)
15:15 – 16:30 Panel discussion with:

  • Judge Roth
  • Judge Chorus
  • Judge Reuschle

Panel moderated by Maria José Azar-Baud (University of Paris-Saclay, France) & Ianika Tzankova (University of Tilburg, the Netherlands)
16:30-17:15 Questions & Answers session with the audience (moderated by Magdalena Tulibacka, Oxford University, UK/Emory  University – United States and with the participation of the representatives of the Directorate-General for Justice & Consumers of the European Commission
17:15-17:30 Concluding remarks

This project is funded by the European Union.

Attendance to the event is free but registration is mandatory. The number of registrations is limited. Therefore, please register as soon as possible via the following link.

For questions, please contact us.