Conference Programme: Commercial Issues in Private International Law, Sydney

Last year we posted about an upcoming conference at the University of Sydney Law School on Commercial Issues in Private International Law. The programme for the conference, which will take place on 16 February 2018, is now available here.

Professor Andrew Dickinson, University of Oxford, and Professor TM Yeo, Singapore Management University, will give the keynote addresses.

Conference registration can be carried out via this link.

New Article: Conflict of Laws and Relational Feminism

Readers of this blog might be interested in Roxana Banu, “A Relational Feminist Approach to Conflict of Laws” (2017) 24 Mich. J. Gender & L. 1.  It can be accessed through SSRN at this location.

The specific context is transnational surrogacy arrangements, but much of the article goes beyond that to other areas of the field more generally.  The article engages with work by several other scholars who write about theories or philosophies of private international law.

The Abstract is below.

The Implementation of the New Insolvency Regulation. Improving Cooperation and Mutual Trust

Following the entry into force of the new Insolvency Regulation across the European Union in June 2017, the MPI Luxembourg has released a book guiding practitioners and national lawmakers through the implementation of the new rules. The title corresponds to volume 10 of the Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law collection (320 pp., ISBN 978-3-8487-4448-0).

The book is the result of a 2-year research project, co-funded by the European Commission under the Specific Programme “Civil Justice” and co-led by the MPI Luxembourg together with the Universities of Vienna and Milano. The project aimed to evaluate the changes that were brought to the European Insolvency Regulation in order to keep pace with the substantial developments in domestic law.

Approaches to Procedural Law. The Pluralism of Methods

Approaches to Procedural Law. The Pluralism of Methods, edited by Professors Loïc Cadiet, Burkhard Hess and Marta Requejo Isidro (552 pp., ISBN 978-3-8487-4309-4) corresponds to volume 9 of the Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law collection.

As explained in the foreword the book is the final outcome of the second edition of the MPI-IAPL Post-doctoral Summer School in procedural law, which took place at the Max Planck Institute premises in July 2016. Guiding thread of the book are two complementary reflections: On the one hand, modern procedural law is characterized by its openness to comparative and international perspectives. On the other hand, the aperture of procedural science requires a new approach of research, which has to be based on a comparative methodology. In this context, particular attention was paid to recent trends characterizing the field: Europeanization and harmonization, marking the evolution towards a new, cross-border dimension of Procedural Law; and the growing importance of transnational legal relations in all spheres of civil and commercial which obliges to face the new challenges of procedural law across national borders.

From Common Rules to Best practices in European Civil Procedure

It is my pleasure to announce in this and the following entries the publication of three new volumes of the Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, starting with volume 8, edited by Professors B. Hess and X. Kramer.

From common rules to best practices in European Civil Procedure

2017, 486 p., ISBN 978-3-8487-4219-6

Click here to access the table of contents

Abstract:

What road should procedural innovation take? Twenty years after the adoption of the extended competence in the area of judicial cooperation under the Amsterdam Treaty, numerous instruments on European civil procedure have been developed and enacted by the EU legislature, and applied by national courts. There is no doubt that these instruments have built a genuine Judicial Area where citizens and businesses can rely on operating justice systems and functioning cross-border cooperation. While it remains important to study these legislative instruments and, where necessary, to establish new instruments, civil procedure in the EU has entered a new era in which the development of common standards and best practices in the Member States and at the EU level are of the essence.

Annual Survey of American Choice-of-Law Cases

Symeon Symeonides has posted on SSRN his 31st annual survey of American choice-of-law cases. The survey covers appellate cases decided by American state and federal courts during 2017. It can be found here https://ssrn.com/abstract=3093709  The table of contents is reproduced below.

Symeonides has also posted his annual Private International Law Bibliography for 2017. It can be found here https://ssrn.com/abstract=3094215.

 

31st Choice-of-Law Survey Table of Contents

Introduction

Part I. Jurisdiction

  1. The Supreme Court Speaks (Again)
  2. Foreign Sovereign Immunity
  3. The Terrorism Exception
  4. The Noncommercial Tort Exception
  5. The Expropriation Exception
  6. Jurisdiction Over Non-Recognized States
  7. The Fukushima Nuclear Accident
  8. The Political Question Doctrine

Part II. Extraterritoriality (or Non) of Federal Law

  1. Fifth Amendment

Out now: Recognition and Enforcement of Foreign Judgments in Asia

A compendium of country reports on the law on the recognition and enforcement of foreign judgments in ASEAN, Australia, China, India, Japan and South Korea has been published by the Asian Business Law Institute, a research institute based in Singapore. The list of contributors reads as follows:

  1. Professor Elizabeth Aguiling-Pangalangan of the University of the Philippines;
  2. Dr Andrew Bell, SC of Eleven Wentworth Chambers, Australia;
  3. Dr Bich Du Ngoc of Ho Chi Minh City Open University;
  4. Mr Youdy Bun of Bun & Associates, Cambodia;
  5. Xaynari Chanthala and Mr. Kongphanh Santivong of LS Horizon (Lao) Limited;
  6. Associate Professor Adeline Chong of Singapore Management University;
  7. Professor Choong Yeow Choy of the University of Malaya;

International and Comparative Law Quarterly 67 (2018), Issue 1

The most recent issue of the International and Comparative Law Quarterly (ICLQ) features two articles relating to private international law:

Louise Merrett, The Future Enforcement of Asymmetric Jurisdiction Agreements, ICLQ 67 (2018), pp. 37-71:

Asymmetric jurisdiction clauses are clauses which contain different provisions regarding jurisdiction for each party. They are widely used in international financial markets. However, the validity of this form of agreement has been called into doubt in several European jurisdictions. Furthermore, following Brexit, there may well be an increasing focus on alternative methods of enforcement under the Hague Convention and at common law, claims for damages and anti-suit injunctions. As well as considering recent developments in the case law and the implications of Brexit, this article will emphasize that all of these questions can only be answered after the individual promises contained in any particular agreement are properly identified and construed. Once that is done, there is no reason why the asymmetric nature of a clause should be a bar to its enforcement.

Third IAPL-MPI Luxembourg Summer School – Reminder

A quick reminder regarding the third International Association of Procedural Law (IAPL) – Max Planck Institute Luxembourg Summer-School, which will take place in Luxembourg from the 1st to the 4th of July 2018, on the topic of “Privatizing Dispute Resolution and its Limits”.

The School is mainly addressed to post-doc students at the beginning of their academic career; however PhD candidates may be admitted in case their dissertation is already at an advanced stage, and provided the applicant shows a degree of academic maturity guaranteeing that his/her attendance to the school will be fruitful both for him/her and the School itself.

Out now: Relationship between the Legislature and the Judiciary – Contributions to the 6th Seoul-Freiburg Law Faculties Symposium

This volume (2017, 295 pp., € 79.00, ISBN 978-3-8487-3736-9) is a collection of edited papers (all in English) presented on the occasion of the 6th Seoul-Freiburg Law Faculties Symposium held in Freiburg (Germany) in June 2016. Since its inception in 1996, the cooperation and academic exchange between the Law Faculties of the Seoul National University (SNU) and the Albert-Ludwigs-Universität Freiburg has flourished and contributed substantially to the mutual understanding of legal thought and research in the two legal cultures and jurisdictions, keeping alive the old and precious tradition of maintaining a close relationship between Korean and German law.