Virtual Workshop Series at the Max Planck Institute in Hamburg

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The Max Planck Institute for Comparative and International Private Law in Hamburg is starting a new virtual workshop series in private international law. The first speaker, Matthias Lehmann from Bonn University, will present (in German) on Tuesday, June 2, at 11:00-12:30 via zoom. His topic: Covid-19 and Private International Law (see also here and here). Open to everyone, including doctoral and predoctoral students!

More information (in German) and the link for signing up are here.

PLACE OF PERFORMANCE: A COMPARATIVE ANALYSIS (HART PUBLISHING, 2020) by Chukwuma Samuel Adesina Okoli

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This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.

The table of contents and further information on the book can be found on the publisher’s website: https://www.bloomsburyprofessional.com/uk/place-of-performance-9781509936205/.

A true game changer and the apex stone of international commercial litigation – the NILR Special Edition on the 2019 HCCH Judgments Convention is now available as final, paginated volume

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On 2 July 2019, the Hague Conference on Private International Law (HCCH) adopted the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019 HCCH Judgments Convention). The instrument has already been described as a true game changer and the apex stone in international commercial litigation.

To celebrate the adoption of the 2019 HCCH Judgments Convention, the Netherlands International Law Review (NILR) produced a special edition entirely dedicated to the instrument.

Volume 67(1) of the NILR, which is now available in its final, paginated version, features contributions from authors closely involved in the development of the instruments. The articles provide deep insights into the making, and intended operation, of the instrument. They are a valuable resource for law makers, practitioners, members of the judiciary and academics alike.

The NILR’s Volume comprises the following contributions (in order of print, open access contributions are indicated; the summaries are, with some minor modifications, those published by the NILR).

Thomas John ACIArb, “Foreword” (open access)

Ronald A. Brand, “Jurisdiction and Judgments Recognition at the Hague Conference: Choices Made, Treaties Completed, and the Path Ahead”

Ron Brand considers the context in which a Hague Convention on Jurisdiction and the Recognition and Enforcement of Foreign Judgments was first proposed in 1992. It then traces the history of the Hague negotiations, both from within those negotiations and in regard to important developments outside the negotiations, through the completion of the 2005 Convention on Choice of Court Agreements and the 2019 HCCH Judgments Convention. The article ends with comments on whether it is advisable to now resume discussion of a separate convention on direct jurisdiction.

Francisco Garcimartín, “The Judgments Convention: Some Open Questions”

Francisco Garcimartín explores some of the open issues that were discussed in the negotiation process but remained open in the final text, such as, in particular, the application of the 2019 HCCH Judgments Convention to pecuniary penalties (2) and negative obligations (4), as well as the definition of the res judicata effect (3).

Cara North, “The Exclusion of Privacy Matters from the Judgments Convention”

Cara North considers on issue of particular focus in the later phases of the negotiations of the Convention, namely, what, if any, judgments ruling on privacy law matters should be permitted to circulate under the 2019 HCCH Judgments Convention. Having acknowledged that privacy is an evolving, broad and ill-defined area of the law and that there are obvious differences in the development and operation of privacy laws and policies in legal systems globally, the Members of the Diplomatic Session on the Judgments Convention determined to exclude privacy matters from the scope of the Convention under Article 2(1)(l). The purpose of this short article is to describe how and why the Diplomatic Session decided to exclude privacy matters from the 2019 HCCH Judgments Convention and to offer some observations on the intended scope of that exclusion.

Geneviève Saumier, “Submission as a Jurisdictional Basis and the HCCH 2019 Judgments Convention”

The 2019 HCCH Judgments Convention establishes a list of jurisdictional filters, at least one of which must be satisfied for the judgment to circulate. One of those is the implied consent or submission of the defendant to the jurisdiction of the court of origin. While submission is a common jurisdictional basis in international litigation, its definition and treatment vary significantly across states, whether to establish the jurisdiction of the court of origin or as a jurisdictional filter at the enforcement stage in the requested court. This diversity is most evident with respect to the mechanics and consequences of objecting to jurisdiction to avoid submission. The 2019 HCCH Judgments Convention adopts a variation on an existing approach, arguably the least complex one, in pursuit of its goal to provide predictability for parties involved in cross-border litigation. This contribution canvasses the various approaches to submission in national law with a view to highlighting the points of convergence and divergence and revealing significant complexities associated with some approaches. It then examines how the text in the 2019 HCCH Judgments Convention came to be adopted and whether it is likely to achieve its purpose.

Nadia de Araujo, Marcelo De Nardi, “Consumer Protection Under the HCCH 2019 Judgments Convention”

The 2019 HCCH Judgments Convention aims at mitigating uncertainties and risks associated with international trade and other civil relationships by setting forth a simple and safe system according to which foreign judgments can easily circulate from country to country. The purpose of this article is to record the historical moment of the negotiations that took place under the auspices of the HCCH, as well as to pinpoint how consumer cases will be dealt with by the Convention under Article 5(2).

Niklaus Meier, “Notification as a Ground for Refusal”

The 2019 HCCH Judgments Convention provides for several grounds for the refusal of recognition, including refusal based on insufficient notification. While this ground for refusal of the 2019 HCCH Judgments Convention seems quite similar to those applied in other conventions, the comparison shows that there are several differences between this instrument and other texts of reference, both with respect to the context of application as well as with respect to the details of the wording. The optional nature of the grounds for refusal under the 2019 HCCH Judgments Convention indicates that its primary focus is the free circulation of judgments, and not the protection of the defendant. The latter’s protection is left to the discretion of the state of recognition: a sign of trust amongst the negotiators of the 2019 HCCH Judgments Convention, but also a risk for the defendant. Practice will show whether the focus of the negotiators was justified.

Junhyok Jang, “The Public Policy Exception Under the New 2019 HCCH Judgments Convention”

The public policy exception is inherently a fluid device. Its content is basically left to each State. A shared public policy is an exception. Therefore, the obligation of uniform interpretation, as provided in Article 20 of the 2019 HCCH Judgments Convention, will have an inherent limit here. Moreover, the 2019 HCCH Judgments Convention leaves some important issues, including procedure, to national rules. Each requested State retains a discretion to invoke the Convention grounds of refusal in a concrete case, and on whether to make an ex officio inquiry or have the parties prove those refusal grounds. The 2019 HCCH Judgments Convention also provides for the concrete applications of the public policy exception, following the model of the 2005 Choice of Court Convention. Here, a purely grammatical reading may create some peripheral problems, especially with the specific defences of conflicting judgments and parallel proceedings. Solutions may be found in the method of purposive interpretation and some general principles, particularly the evasion of the law and the abuse of rights, before resorting to the public policy defence.

Marcos Dotta Salgueiro, “Article 14 of the Judgments Convention: The Essential Reaffirmation of the Non-discrimination Principle in a Globalized Twenty-First Century”

The 2019 HCCH Judgments Convention includes a non-discrimination disposition in Article 14, according to which there shall be no security, bond or deposit required from a party on the sole ground that such a party is a foreign national or is not domiciled or resident in the State in which enforcement is sought. It also deals with the enforceability of orders for payment of costs in situations where the precedent disposition applied, and lays down an ‘opt-out’ mechanism for those Contracting States that may not wish to apply that principle. This article frames the discussion of the non-discrimination principle in the wider context of previous private international law instruments as well as from the perspectives of access to justice, human rights and Sustainable Development Goals (SDGs), understanding that its inclusion in the 2019 HCCH Judgments Convention was an important, inescapable and necessary achievement.

Paul R. Beaumont, “Judgments Convention: Application to Governments” (open access)

The 2019 HCCH Judgments Convention makes the classic distinction between private law matters within its scope (civil or commercial matters) and public law matters outside its scope. It also follows the same position in relation to State immunity used in the Hague Choice of Court Convention 2005 (see Art. 2(5) in 2019 and 2(6) in 2005). The innovative parts of the 2019 HCCH Judgments Convention relate to the exclusions from scope in Article 2 relating to the armed forces, law enforcement activities and unilateral debt restructuring. Finally, in Article 19, the Convention creates a new declaration system permitting States to widen the exclusion from scope to some private law judgments concerning a State, or a State agency or a natural person acting for the State or a Government agency. This article gives guidance on the correct Treaty interpretation of all these matters taking full account of the work of the Hague Informal Working Group dealing with the application of the Convention to Governments and the other relevant supplementary means of interpretation referred to in Article 32 of the Vienna Convention on the Law of Treaties.

João Ribeiro-Bidaoui, “The International Obligation of the Uniform and Autonomous Interpretation of Private Law Conventions: Consequences for Domestic Courts and International Organisations”

This article addresses the issue of the uniform and autonomous interpretation of private law conventions, including of private international law conventions, from the perspective of their Contracting States, particularly their judiciaries, and of the international organizations. Firstly, the author analyses the use of standard uniform interpretation clauses, and the origin of such clauses, in the context of the Hague Conference on Private International Law. The following part the article addresses negative and positive obligations imposed on States and their judiciaries under international law regarding the uniform and autonomous interpretation of international treaties. It is argued that States are not only obliged to refrain from referring to concepts from national laws for the purpose of the interpretation of international law instruments, but also that they face certain positive obligations in the process of applying the conventions. Those include referring to foreign case law, international scholarship, and under certain circumstances, also to travaux préparatoires. Thirdly, the author discusses the role of international organizations—e.g. HCCH, UNCITRAL, UNIDROIT, in safeguarding and facilitating the uniform and autonomous interpretation of private law conventions. It does so by describing various related tools and approaches, with examples and comments on their practical use (e.g. advisory opinions, information sharing, access to supplementary material, judicial exchanges and legislative action).

The NILR’s Special Edition on the 2019 HCCH Judgments Convention concludes with a reproduction of the text of the 2019 HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, as adopted on 2 July 2019.

Notarization from abroad in times of travel restrictions

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A French Décret, allows, for the time of the state of emergency, notarization by a French notary without a need for parties to be physically present. Explanation and analysis is here and (briefly) here. Importantly, the possibility is also open to non-residents of France.  Notaries in France had, unsurprisingly, warned of the risk of fraud, but the Conseil d’Etat approved of the decret.

Austria has a similar rule in sec. 90a of its Notary Act. In Germany, this is not (yet?)possible: Art. 40(1) of the German Notarisation Act requires physical presence of the parties; the greatest distance allowed is, apparently, the way to the parking lot. Estonia has introduced an e-notary for notarisation from abroad, but this is available only in Estonian embassies.

The French and Austrian rules raise interesting private international law questions. Usually, notarization requires physical presence – which is why so many lawyers fly from Germany to France to have contracts notarized. Can they now stay at home? If two French domiciliaries sign a contract electronically while in Switzerland, and notarization happens in France, is this a case of Art. 11(1) Rome I Regulation? That would lead to the odd result that the formal requirements would follow from either Swiss law or from the law applicable to the contract (which need not be French law) and not necessarily the law of the place where the French notary sits. And yet, Art. 11(2) seems inapplicable because the notary is not an agent of the parties. Should it be applicable by analogy? Should there be a special rule for notaries that used to be unnecessary because notarization always requires physical notaries? Or is this another reason to rethink the principle of locus regit actum for internet contracts?

CJEU on the implications of its Judgment in Pula Parking: Joined cases C-267/19 and C-323/19, Parking / Interplastics

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Preliminary question and its context

In its Judgment of 7 May 2020, delivered in the joined cases C-267/19 and C-323/19 without Advocate General’s Opinion, the Court of Justice provides some further guidance on the implications of its previous case law and most notably of the Judgment in the case C-551/15, Pula Parking (‘Judgment in Pula Parking’).

Just as in the case that led to Judgment in Pula Parking, the requests for a preliminary ruling in the cases in question were lodged in the context of the proceedings on the oppositions to the writs of execution. Put succinctly: under the Croatian law, a notary issues a writ of execution based on an ‘authentic document’. The party against whom enforcement is sought may lodge an opposition to that writ. The court to which the opposition is transferred has jurisdiction to set aside the writ and to annul the measures taken so far. The procedure continues according to the rules applicable to cases of opposition to a payment order.

By way of background, in Judgment in Pula Parking, the Court held, inter alia, that ‘[the Brussels I bis Regulation] must be interpreted as meaning that, in Croatia, notaries, acting within the framework of the powers conferred on them by national law in enforcement proceedings based on an “authentic document”, do not fall within the concept of “court” within the meaning of that [Regulation]’.

The referring court in the present cases indicates that Judgment in Pula Parking receives various interpretation on the national level. It seems that the reading of this Judgment according to which it relates exclusively to enforcement proceedings conducted against a party being a natural person and national of another EU Member State prevails in the Croatian case law.

However, for the referring court, that reading of Judgment in Pula Parking establishes a discriminatory difference in the way in which the Brussels I bis Regulation is applied in Croatia. The referring court seems to understand that Judgment as implying that, in its Member State, notaries are not entitled to issue writs of execution based on an ‘authentic document’ and therefore, the fact that they continue to do so, is at odds with the Regulation.

In view of those explanations, at paragraph 42 the Court clarifies that it understands the request for a preliminary ruling as concerning the question whether Article 18 of the Treaty on the Functioning of the European Union and Article 47 of the Charter preclude national legislation entitling the Croatian notaries to issue the writs of execution on the basis of the ‘authentic documents’, which, in light of Judgment in Pula Parking, will not be recognized and/or enforced in other Member States under the scheme of the Brussels I bis Regulation.

 

Consideration of the question referred and what can be learned from it

At paragraph 43 the Court reaffirms that the writs of execution issued by the Croatian notaries would not benefit from the scheme of the Regulation when it comes to their recognition and/or enforcement. At paragraph 44, the Court reminds that Judgment in Pula Parking does not imply, however, that the Brussels I bis Regulation prevents the notaries from issuing the writs of execution. The references to Judgment in Pula Parking pave the way for the conclusion that neither Article 18 of the TFUE (paragraph 45), nor Article 47 of the Charter (paragraph 53) preclude national legislation entitling the notaries to issue the writs of execution which do not benefit from the recognition/enforcement scheme of the Regulation.

Incidentally, given that according to Judgment in Pula Parking the notaries do not fall within the concept of ‘court’ within the meaning of the Brussels I bis Regulation, paragraph 43 seems to imply that a writ of execution based on a ‘authentic document’ would not be recognized and/or enforced as ‘judgment’ within the meaning of Article 2(a) of the Regulation.

Neither the joined cases in question, nor the case that led to Judgment in Pula Parking offered an opportunity to address the question whether a writ of execution issued by a notary could be enforced under the scheme of the Brussels I bis Regulation as an ‘authentic instrument’ in the sense of Article 2(c) of the Regulation. In any case, an ‘authentic document’ on which a writ of execution is based cannot, in my view, be automatically placed on the same footing as such ‘authentic instrument’. Therefore, a writ of execution would not necessarily have to be an ‘authentic instrument’ based on an ‘authentic instrument’.

For the sake of completeness, AG Bot touched upon a somehow similar question in the context of the Regulation No 805/2004 (Regulation on European Enforcement Order for uncontested claims) in his Opinion in the case C-484/15, Zulfikarpaši. At points 45 to 49, he considered that a writ of execution is not an ‘authentic instrument’ within the meaning of Article 3(1) of that Regulation because the writ does not concern an uncontested claim. That argumentation is in line with the interpretation that the Court presented in its Judgment in that case and in particular at its paragraph 55. However, such argumentation could most probably not be directly transposed to the Brussels I bis Regulation as this Regulation does not confine its scope solely to uncontested claims.

It is also worth noticing that the Judgment of 7 May 2020 makes a point that exceeds the scope of the inquiry on the implications of Judgment in Pula Parking for the Croatian legal system. At paragraphs 33 et seq., in the part of the Judgment of 7 May 2020 relating to the jurisdiction of the Court, the criteria set in Article 3(1) of the Regulation no 1896/2006 (Regulation on European Order for Payment) in order to define a ‘cross-border case’ within the meaning of that Regulation are referred to in order to establish the existence of an international element that is necessary for the Brussels I bis Regulation to become applicable to a specific case.

The requests for a preliminary ruling in the cases in question can be consulted here and here. For numerous linguistic versions of the Judgment see here (no English version yet).

The first Mainland China monetary judgment enforced in NSW Australia: Bao v Qu; Tian (No 2) [2020] NSWSC 588

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by Jie (Jeanne) Huang, Sydney Law School

 

On 19 May 2020, the Supreme Court of New South Wales rendered the judgment in Bao v Qu; Tian (No 2) and decided to enforce a monetary judgment issued by the Qingdao Intermediate People’s Court of Shanghai Province, China. This is the first case at the state of NSW in Australia where a Chinese monetary judgment got enforced.

The Chinese judgment-rendering proceedings

Both plaintiff and the defendants are citizens of China. The two defendants were a couple. The defendants allegedly did not pay loans borrowed from the plaintiff. In 2014, the People’s Court of Laoshan District Qingdao handed down the first-instance judgment for the plaintiff. One defendant appealed. Both defendants were represented in the second-instance trial at the Qingdao Intermediate People’s Court of Shangdong Province (‘Qingdao Court’). The Qingdao Court rendered the final judgment (‘Chinese judgment’) ordering the defendants to pay RMB 2,050,000 plus interest to the plaintiff in 2015. The Chinese judgment was partly enforced in China but largely remained outstanding.

The NSW judgment-enforcement proceedings

The plaintiff applied to enforce the Chinese judgment at the Supreme Court of NSW in 2019 under the common law. The defendants are resident in NSW and were personally served with the court proceedings.

The defendants conceded that the Qingdao Court had jurisdiction, the Chinese judgment was final and conclusive, and they were judgment debtors. However, they alleged that a substantial amount of money had been returned to the plaintiff before the Chinese judgment was rendered. The plaintiff rejected this argument alleging that the defense went to the merits of the Chinese judgment that should not be reviewed by the NSW court at the judgment recognition and enforcement (‘JRE’) proceedings.

The NSW court holds that defendants submitted to the jurisdiction of Chinese court by their procedural conducts. There is no evidence of any step taken to challenge the Chinese judgment in China. The first issue at the NSW proceeding is whether the Chinese judgment is obtained by fraud. Namely, whether the Chinese court was intentionally or recklessly misled into determining the incorrect value of the debt by not being made aware of the alleged repayments. The NSW court held that one of the alleged repayments seemed to have been raised in the Chinese proceedings but ultimately rejected by the Chinese Court. No evidence showed that Chinese Court denied the defendants the opportunity to presenting their case before an impartial tribunal or that the defendants were otherwise not given due notice. There was also no evidence showing that the alleged repayments were not reasonably discoverable at the time of the Chinese proceedings. Further, nothing proved that the alleged repayments had ever occurred or were related to the loans decided in the Chinese judgment. In conclusion, NSW court rejected the alleged repayments and refused to review the merits of Chinese judgment.

The second issue focuses on the legal nature of the punitive interest awarded in the Chinese judgment. The Chinese judgment included two types of interests. The first is the general interest calculated at the ‘benchmark interest rate for the loans in the same type as issued by the People’s Bank of China for the same period’. The second is the punitive interest awarded according to Article 253 of Chinese Civil Procedural Law, being that ‘if the judgment debt was not satisfied by 20 September 2015, then “the interest on the debt during the period of delay in fulfillment shall be paid at the double amount”.’ The court held that no submissions were made that the imposition of Article 253 interest was penal in nature, so it should be awarded.

Comments

  1. Reciprocity

China is not listed in the Foreign Judgments Act 1991 (cth), so Chinese judgments cannot benefit from the ex parte registration process. Nevertheless, Chinese judgments can be recognized and enforced under the common law in Australia. However, China requires de facto reciprocity. This is demonstrated by a reply issued by the Chinese Supreme People’s Court in 2006, which provides that judgments issued in Australia cannot be recognized and enforced in China because Australia has not offered reciprocity to Chinese judgments.[1] Liu v Ma & anor [2017] VSC 810 is the first Chinese monetary judgment recognized and enforced in the state of Victoria. By Bao, the NSW court also enforced a Chinese monetary judgment. Considering the recent JRE development in Australia, Chinese Supreme People’s Court should review the 2006 reply. De facto reciprocity should have been established between China and Australia (or at least the states of Victoria and NSW). Judgments issued in Australia should be recognized and enforced in China if they do not violate the basic principles of Chinese law and the sovereignty, security and public interest of China according to Article 282 of Chinese Civil Procedure Law.

  1. The alleged repayment

According to the NSW court, the Chinese judgment indicates that the Chinese court ‘refuse[d] to consider this request [to reduce the judgment debt as a result of the alleged repayment of RMB 200,000]’ because this claim ‘exceeded the scope of the Appellant’s claim’. The Chinese court’s rejection does not violate natural justice. This is because according to Chinese Civil Procedure Law, an appeal should be brought within 15 days after the first-instance judgment is served. If a party fails to bring a claim within this time period, the party loses its right to appeal. In practice, some appellants may bring an appeal within the time limit without clearly listing the claims and later try to add new claims. This practice goes against the seriousness of appeal. It is also inconsistent with the fairness and efficiency of litigation because the respondent should be served with the new claim and given a reasonable time to prepare the defence. Therefore, as a general principle, Chinese courts do not consider a new claim if it is not raised in the appeal petition.[2]

  1. Double interest

Australian courts do not enforce foreign punitive damages that aim to ‘penalise the [ ] defendant and to deter others from failing to comply with the Court’s orders’ (Schnabel v Lui [2002] NSWSC 15 at [176]). However, the courts can enforce punitive damages that were to compensate the plaintiff’s private right due to the defendant’s deliberate and callous conduct and involved no public connotation in the remedy (Benefit Strategies Group v Prider [2004] SASC 365 at [72]).

Article 253 of the Chinese Civil Procedure Law provides that ‘if the party against whom enforcement is sought fails to pay money within the period specified in the judgment, he or she shall pay double interest for the debt for the period of delayed performance.’

The double interest imposed by this provision intends to punish the defendant for the delay of executing the judgment and remedy the plaintiff’s private right. It is not for the public interest of Chinese state. Therefore, the court correctly decided that the double interest should be enforced at the NSW.

 

[1] Letter of Reply of the Supreme People’s Court on Request for Instructions Re Application of DNT France Power Engine Co., Ltd. for Recognition and Enforcement of Australian Court Judgment [2006] Min Si Ta Zi No 45.

[2] There are few exceptions to this general principle. For example, the respondent agrees to add the new claim to the trial, or the new claim involves a fact which must be investigated by the court rather than the parties and without the finding of this fact, the case cannot be correctly decided.

Call for Papers – Zeitschrift für Recht und Islam / Journal of Law & Islam

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As mentioned in my previous post, the Zeitschrift für Recht und Islam / Journal of Law & Islam issued a Call for Papers and kindly provided the following information:

The Zeitschrift für Recht und Islam / Journal of Law & Islam (ZR&I, previously: GAIR-Mitteilungen) is a scientific journal in co-operation with the Gesellschaft für Arabisches und Islamisches Recht e. V. (GAIR), a non-profit scientific association established in 1997. Its aim is the furthering of mutual understanding of law, legal systems and legal practice between European scholars and those of the Arabic and wider Islamic region.

The annual scientific journal contributes to this aim by publishing contributions on the legal developments in this field, covering theoretical legal debate as well as the practical application of both secular and Islamic laws. The journal gives space to a wide range of perspectives and takes regard of the historical development as well as the interaction of “secular” and Islamic laws in different contexts. Its analyses and debates go beyond the basic principles and outlines of those legal systems, but also address the actual developments, both in aspiration and reality. In addition, it covers key phenomena affecting – or even determining – scientific discourse, legislation and legal practice in the relevant states. This focus does however not confine itself to topics of specific or general regional interest, but also addresses the influence of global develop-ments and tendencies, as well as the legal relations among states.

Accordingly, we invite well-known and junior scholars as well as practitioners to help furthering this mutual understanding and dialogue by submitting publishable manuscripts. In view of imple-menting the aims of our association in a full and broad manner, the editors welcome contributions from specific disciplines, as well as interdisciplinary contributions that address the aspects above. We highly welcome the submission of articles, reports and reviews as well as case reports and comments on cases and legislation to the editorial double peer review process. Submissions must, however, not have been published or submitted for publication elsewhere.

The editors accept submissions in German and English. Please send your contributions to zri@gair.de, enclosing a brief personal description (no detailed curriculum vitae required). We kindly ask you to provide your submissions in the following format:

  • submissions should have the formats doc, docx, odt or rtf,
  • concerning fonts, we recommend Times New/Beyrut Roman, Arial, Junicode please use Unicode-characters for diacritic purposes
  • use footnotes instead of a separate bibliography;

Bibliographical references should include:

1) concerning monographs and miscellanies:

a) Christian Starck (ed.): Constitutionalism, Universalism and Democracy – a Compar-ative Analysis, Studien & Materialien zur Verfassungsgerichtsbarkeit 75, 1999.

b) Matthias Herdegen: Constitutional Rights and the Diminishing State, in: Constitu-tionalism, Universalism and Democracy – a Comparative Analysis, Studien & Materialien zur Verfassungsgerichtsbarkeit 75, ed. by Christian Starck, 1999, pp. 183–198.

2) concerning articles:

a) William M. Ballantyne: The New Civil Code of the UAE: A Further Reassertion of the Shari?a, in: Arab Law Quarterly 3 (1985), pp. 245–264.

3) concerning internet sources: www.aladalacenter.com (last access 15.10.2017).

Quotes from the Arabic language that go beyond technical terms or short phrases should, in addition to the Arabic original, be provided in transcribed form (using an accepted scientific transcription system such as DMG or Encyclopaedia of Islam) and in translation.

Each submission will be subject to a double peer review procedure by two anonymous colleagues in the relevant area. Once their reports on a submission have been received, the authors will be notified whether their submission is accepted, accepted subject to changes, or rejected. The editors will be overseeing this process and make the final decision on publication. All authors will receive their contribution with editorial changes for a final review prior to publication.

For any queries please contact Sina Nikolajew from the editorial team, as well as the editors Beate Anam, Dr Hatem Elliesie, Kai Kreutzberger and Prof Dr Dr Peter Scholz at zri@gair.de.

Information about the journal (in English) is availabe here.

Just released: Journal of Law & Islam / Zeitschrift für Recht & Islam (ZR&I) 11 (2019)

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Volume 11/2019 of the Journal of Law & Islam / Zeitschrift für Recht & Islam (ZR&I) has just been published. The full issue is available online here. It includes case notes and articles devoted to questions of Islamic law and its interaction with other legal systems. Some of the articles are in English or French.

The Journal editors were so kind to provide me with English translations of the German articles:

Zeitschrift für Recht & Islam / Journal of Law & Islam ZR&I Volume 11 (2019)

EDITORIAL ………. (pp. 5 f.)

RECHTSPRECHUNG & URTEILSBERICHTE [CASE LAW & JUDGMENT DISCUSSION] ………. (pp. 5–12)

  • Nichtanerkennung einer katarischen Privatscheidung: Anmerkung zu OLG Stuttgart, Beschluss vom 3.5.2019, Az. 3465 E – 519/18 [Non-recognition of a Qatari Private Divorce: Commentary on OLG Stuttgart, Decision of 3.5.2019, Az. 3465 E – 519/18] ………. (pp. 7–9), Peter Scholz
  • Nichtanerkennung einer pakistanischen Adoptionsentscheidung: Anmerkung zu OLG Stuttgart, Beschluss vom 21. 1. 2019, Az. 17 UF – 25/18 [Non-recognition of a Pakistani Adoption Decision: Commentary on OLG Stuttgart, Decision of 21. 1. 2019, Az. 17 UF – 25/18]………. (pp. 11 f.), Peter Scholz

ARTIKEL [ARTICLES] ………. (pp. 13–173)

  • Targih und madhab: Zur Rolle des targih-Verfahrens bei der Entwicklung der traditionellen islamischen Rechtsschulen [Targih and madhab: Regarding the Status of the targih Procedure in the Development of the Traditional Islamic Law Schools] ………. (pp. 13–37), Ahmed Gad Makhlouf
  • Die Hisbollah und die schiitische Frau – ihre religiösen Rechte und entsprechende politische sowie öffentliche Darstellung [Hisbollah and the Shi’i Woman – Her Religious Rights and Corresponding Political aas well as Public Representation] ………. (pp. 39–56), Batol Kobeissi
  • Die Fatwa-Praxis des schiitischen Großayatollahs Sayyid Muhammad Husain Fadlallah am Beispiel Masturbation [The Fatwa Practice of the Shi’i Great Ayatollah Sayyid Muhammad Husain Fadlallah Exemplified on Masturbation] ………. (pp. 57–78), Doris Decker
  • Zur Geschichte zweier hadite, die häufig in der Diskussion über FGM zitiert werden [On the Historical Derivation of two hadite Commonly Cited in the Discussion about FGM] ………. (pp. 79–104), Thomas Eich
  • Die Talaq-Scheidung und das deutsche Recht [Talaq Divorce and German Law] ………. (pp. 105–112), Christian F. Majer
  • Zum Straftatbestand der Kindesmisshandlung: Ein Blick auf die Rechtspraxis in Saudi-Arabien [The Criminal Offense of Child Abuse: Reflections on the Legal Practice in Saudi Arabia] ………. (pp. 113–144), Elisa Schweitzer
  • The Recognition and Enforcement of German Money Judgments in Turkey………. (pp. 145–151), Hamit Alp Ünlü
  • La finance islamique au service de l’économie sociale et solidaire de l’occident [Islamic Finance and its Service for the Social and Solidarity Economy of the Occident] ………. (pp. 153–173), M’hamed Hamidouche & Amina Berkane & Ahmed Berkane

TAGUNGSBERICHTE [CONFERENCE REPORTS] ………. (pp. 175–189)

The Hanafi School: History, Transformations, and Future, 3–5 December 2018, Amsterdam ………. (pp. 175–186), Samy Ayoub

TIF 2019 – Tunisia Investment Forum, 20. und 21. Juni 2019 in Tunis [TIF 2019 – Tunisia Investment Forum, 20 and 21 June 2019 in Tunis] ………. (pp. 187–189), Achim-Rüdiger Börner

REZENSIONEN [REVIEWS] ………. (pp. 191–199)

Rezension zu Adnan Trakic / John Benson / Pervaiz K Ahmed: Dispute Resolution in Islamic Finance. Alternatives to Litigation?, London / New York: Routledge 2019 [Review of Adnan Trakic / John Benson / Pervaiz K Ahmed: Dispute Resolution in Islamic Finance. Alternatives to Litigation?, London / New York: Routledge 2019] ………. (pp. 191–193), Kilian Bälz

Rezension zu Naseef Naeem: Der Staat und seine Fundamente in den arabischen Republiken, Berlin: Deutscher Levante-Verlag 2019 [Review of Naseef Naeem: Der Staat und seine Fundamente in den arabischen Republiken, (The State and its Foundations in Arab Republics), Berlin: Deutscher Levante-Verlag 2019] ………. (pp. 195–199), Achim-Rüdiger Börner

CALL FOR PAPERS ………. (pp. 201–204)

IMPRESSUM [IMPRINTS] ………. (pp. 205 f.)

For further information about the Journal see also its English page zri.gair.de/index.php/en.

The Journal also issued a Call for Papers which I will post seperately.

Second Yearbook of the Master’s Program at the Central University of Venezuela

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Amazingly, despite the severe crisis in Venezuela, the Master’s Program in Private International Law and Comparative Private Law at the Universidad Central de Venezuela has managed to publish its second Yearbook, with two theses and several impressive shorter pieces by students as well as two new pieces and two “classics” by professors.  (Report on the first yearbook last year is here.)

A Newly Released Commentary on the Rome III Regulation

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A comprehensive Commentary, edited by Professor Sabine Corneloup and published by Edward Elgar Publishing, was recently released providing an in-depth analysis of the Rome III Regulation implementing enhanced cooperation in the area of the law governing cross-border divorce and legal separation. The Commentary is a welcome addition to Elgar’s already thriving ‘Commentaries in Private International Law’ series.

Written by a team of internationally renowned experts of private international law in family matters, the Commentary analyses, on an article-by-article basis, and contextualises the provisions of the Rome III Regulation, providing clear insight into the rationale behind the text. Substantive values and political choices underlying the adoption of the Regulation are factored in the analysis, offering the reader a thorough and comprehensive illustration of the objectives pursued with each article and with the Regulation, overall. In this context, each provision is pondered in connection with, inter alia, the relevant fundamental rights such as non-discrimination between spouses, self-determination of the individual, the protection of the right to marry, and the right to respect for family life.

Overall, the contributors critically engage with each article, shedding the light on the Regulation’s effectiveness and offering a balanced critique by approaching the topics from a variety of viewpoints. In this context, they do not shy away from underscoring gaps currently existing in the text of the Regulation (such as, for instance, that arising from the absence of an autonomous definition of ‘marriage’) and address the open questions that arise therefrom. Furthermore, the Commentary casts the light on the Regulation’s interactions and coordination with complementary instruments adopted in the area of EU family law, and in particular (but not only) the Brussels II-bis Regulation, promoting a thorough understanding of the EU private international law system on divorce and legal separation. Finally, the Commentary delves into the interface of the Regulation with national substantive provisions and the differences arising therefrom, hence providing the reader with a clear and valuable understanding of the issues surrounding the practical application of the Regulation at the national level.

The Commentary benefits from the contributions of:

Alexandre Boiché, Attorney in Paris (France)

Laura Carpaneto, Professor at the University of Genova (Italy)

Christelle Chalas, Senior Lecturer at the University of Lille (France)

Sabine Corneloup, Professor at the University of Paris II Panthéon-Assas (France)

Stefano Dominelli, Post-Doc Researcher at the University of Genova (Italy)

Pietro Franzina, Professor at the Catholic University of Milan (Italy)

Cristina González Beilfuss, Professor at the University of Barcelona (Spain)

Susanne L. Gössl, Professor at the University of Kiel (Germany)

Petra Hammje, Professor at the University of Nantes (France)

Bettina Heiderhoff, Professor at the University of Münster (Germany)

Fabienne Jault-Seseke, Professor at the University of Versailles Saint-Quentin – Paris Saclay (France)

Natalie Joubert, Professor at the University of Burgundy (France)

Thalia Kruger, Professor at the University of Antwerp (Belgium) and Honorary Research Associate at the University of Cape Town (South Africa)

Caroline S. Rupp, Junior Professor at the University of Würzburg (Germany)

Jinske Verhellen, Professor at the University of Ghent (Belgium)

The in-depth discussion offered by this Commentary will prove to be an essential guide for private international law scholars and practitioners alike to navigate the complex field of family litigation. It will be of particular interest to those working in family law, including judges, lawyers, public notaries and family mediators, as well as graduate students looking for in-depth knowledge of the subject.

Sabine CORNELOUP (ed), The Rome III Regulation. A Commentary on the Law Applicable to Divorce and Legal Separation, pp v-242 (Elgar, 2020). The eBook version of the Commentary is available on Google Play, ebooks.com and other eBook vendors, while in print the book can be ordered from the Edward Elgar Publishing website.