THE NEW YORK CONVENTION AND ITS INTERACTION WITH DOMESTIC LAWS OF THE CENTRAL ASIAN COUNTRIES

The International Court of Arbitration in affiliation with the Chamber of Commerce and Industry of the Kyrgyz Republic, in association with the the Asian International Arbitration Centre & the ICC International Court of Arbitration, is hosting an international conference on the New York Convention and its interaction with domestic laws of the Central Asian countries. The conference will take place in Bishkek on November 30, 2018.

The goals of the conference are to examine the interaction between the New York Convention and domestic
legislation of the Central Asian countries, and to facilitate the exchange between experts from different jurisdictions of their experiences in Alternative Dispute Resolution.

The program of the conference and all pertinent information regarding the event may be found here.

The Impact of the EU-UK Draft Agreement on Judicial Cooperation in Civil and Commercial Matters

Yesterday, on 14 November 2018, the UK cabinet, after five hours of deliberation, accepted the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as agreed at negotiators’ level on the same day. The text (TF 50 [2018] 55) contains provisions on judicial cooperation in civil and commercial matters in Articles 66 to 69. Pursuant to Article 66(a) of the Draft Agreement, the Rome I Regulation shall apply in the UK in respect of contracts concluded before the end of the transition period, which will be on 31 December 2020 (Article 126 of the Draft Agreement). Under Article 66(b) of the Draft Agreement, the Rome II Regulation shall apply in the UK in respect of events giving rise to damage, where such events occurred before the end of the transition period. The remaining EU Member States will continue to apply the Rome I and II Regulations in EU-British relations anyway following the principle of universal application (Article 2 Rome I, Article 3 Rome II).

Postdoctoral Position at the University of Milan

The University of Milan will recruit a postdoctoral researcher in Private International Law or Civil Procedure or European Private law, starting in January 2019, for a duration of 21 months (renewable once).

The researcher will work on the project “Facilitating cross-border family life: towards a common European understanding – EUFam’s II”.

Eligible candidates must hold a doctorate in law (preferably private international law or international civil procedural law or European private law) or have comparable research experience. They must have an excellent command of English. Good command of Italian is required.

More details can be found here

Deadline for applications 4 December 2018

Belgian Journal on Private International Law: issue 3 of 2018

The third issue of the Belgian Journal on Private International Law has been published and is available for free here.

The Journal contains case law by Belgian Courts in Dutch and French as well as recent case law of the CJEU.

This issue includes Court of Cassation cases on contracts, torts and evidence.

The Journal also contains one article in English:

Isabelle  Bambust,  Jan  De  Meyer,  Valerie  De  Ruyck,  Sarah  Den  Haese,  Laura Deschuyteneer,  Erinda  Mehmeti and Jinske  Verhellen  (Ghent University): Cross-Border  Proceedings  in  Family  Law  Matters  before  National  Courts  and the CJEU: National Report Belgium

and two in Dutch:

Call for papers: The use of comparative law methodology in international arbitration

The International Academy of Comparative Law is launching a new journal in 2019 to foster scientific discussion about the use of comparative law. The Ius Comparatum Journal (ICJ) is dedicated to the methodological aspects of comparative law. It covers all fields of law where the methods and techniques of comparative law are at stake.

The editorial board of the journal welcomes abstracts from scholars as well as practitioners, including staff of arbitral institutions. Papers will be published in French or English online before the publication in print of the first issue of the Journal at the end of summer 2019.

The deadline for submissions is 6 January 2019.

The full text of the call is available here.

Out now: Zeitschrift für Europäisches Privatrecht, Issue 4 (2018)

The latest issue of the Zeitschrift für Europäische Privatrecht has just been released. It contains the following articles:

Thomas Ackermann, Sektorielles EU-Recht und allgemeine Privatrechtssystematik

In the German tradition, private law is considered as a system of consistent rules that can be reduced to a unity formed by a small number of axioms. This idea has been the driving force behind huge efforts to overcome the fragmentation of EU private law. However, the concept of a private law system is unsuitable for a democratic polity whose supranational level is formed by the EU. Instead, the systematic quest for unity and consistency should aim at positioning private law rules in the entirety of our legal order. This leads to a better understanding of European legislation and case-law in the field of private law.

Reminder: Conference Pathways to Civil Justice

On 19-20 November 2018, the conference: Challenge Accepted! Exploring Pathways to Civil Justice in Europe funded by the European Research Council takes place at Erasmus University Rotterdam. It focuses on artificial intelligence, ADR and ODR, self-representation, and court specialization in the context of improving access to and the quality of civil justice. Keynote speakers include Judith Resnik (Yale University) and Ruth de Bock (Advocate-General Dutch Supreme Court).

Further information on the program and registration is available here.

Find the description of the panels below.

Panel 1: The computer as the court

Artificial Intelligence (AI) research is fast advancing on new frontiers, which promise to make computers replicate traits of human intelligence. In the near future, we might see robots or machines that handle legal cases and might even replace humans as judges. We might see the computer as the court. However, AI is a term that encompasses many technologies with as many applications. This panel aims at providing an overview of the different AI technologies and their benefits. Furthermore, it explores what ethical issues are raised by replacing judges with AI units. It will try to map near?future AI innovations in the court system.

Out now: Journal of Private International Law, Volume 14, Issue 3

Issue 14. 3 of the Journal of Private International Law has just been released. It contains the following articles:

Maria Caterina Baruffi, A child-friendly area of freedom, security and justice: work in progress in international child abduction cases, pp. 385-420

The protection of children’s rights constitutes the subject matter of various private international law instruments within both the international and the EU frameworks. The paper focuses on their relevant provisions regarding child abduction, which pose a number of problematic issues as to their interpretation and practical application. Against the existing background, future legislative developments are assessed with a view to proposing a provisional evaluation as to their effectiveness and actual improvement.

Charlotte Mol & Thalia KrugerInternational child abduction and the best interests of the child: an analysis of judicial reasoning in two jurisdictions, pp. 421-454

Out now: Zeitschrift für Vergleichende Rechtswissenschaft featuring various contributions on the comparative law of trusts and foundations

The most recent issue of the Zeitschrift für Vergleichende Rechtswissenschaft (German Journal of Comparative Law; Vol. 117 [2018], No. 3) features the following contributions:

Die Leistungskraft der österreichischen Privatstiftung für Familienunternehmen

Susanne Kalss*

ZVglRWiss 117 (2018) 221–245

The family can be an essential factor for entrepreneurs. However, family can also cause conflicts, as different roles and interests collide. There is no ideal legal form for a family business. Rather, a legal solution based on the specific needs has to be found for each individual entrepreneur. It should be kept in mind that temporary arrangements tailored to specific situations often fail and might not be able to respond to changing market circumstances. Private foundations are suitable to ensure that the assets will not be split up in case of succession and can therefore provide a legal basis to assign the foundation benefits to the family. By establishing a private foundation, a family-owned company can substantially reduce the influence of family members on management decisions in favor of an independent foundation board. This in turn reduces significantly the attractiveness of this chosen structure.

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2018: Abstracts

The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles:

D. Martiny: Virtual currencies, particularly Bitcoins, in private international law and in the international law of civil procedure