News – Page 123 – Conflict of Laws

Milan Investment Arbitration Pre-Moot – 14-15 February 2020

February 12, 2020/in News/by Apostolos Anthimos

Following an earlier post, here’s a reminder of the First Edition of the Milan Investment Arbitration Pre-Moot.

Albert Henke prepared for this reason the following announcement:

On February, 14 and 15, 2020 will take place in Milan the First Edition of the Milan Investment Arbitration Pre-Moot, an event jointly organized by the Law Firm DLA Piper, Milan, Università degli Studi of Milan and the European Court of Arbitration (Italian section). The Pre-Moot will be a chance for ten University teams from all around the world to test their advocacy skills in moot arbitration hearings, in preparation for the Frankfurt International Arbitration Moot Competition, the oldest and most prestigious student competition in the area of investment protection law, scheduled for the beginning of March 2020 in Frankfurt (https://www.investmentmoot.org/news-2-2/). The Pre-Moot will be introduced by a Conference hosted by Università degli Studi on the topic: “Outstanding issues and recent developments in international investment arbitration”. All the information in the attached flyer.

Call for Papers: SLS Conflict of Laws Section, University of Exeter 2020

February 11, 2020/in News/by Tobias Lutzi

For the fourth consecutive year, the Annual Conference of the Society of Legal Scholars (SLS) will feature a section dedicated to Conflict of Laws. This year’s iteration of the conference will take place from 1 to 4 September 2020 at the University of Exeter (more information here). The conveners of the Conflict of Laws section, Andrew Dickinson and Máire Ní Shúilleabháin, have kindly provided the following Call for Papers.

SLS Conflict of Laws Section: Call for Papers and Panels for 2020 SLS Annual Conference at the University of Exeter

This is a call for papers and panels for the Conflict of Laws section of the 2020 SLS Annual Conference to be held at the University of Exeter from Tuesday 1^st September – Friday 4^th September.

This marks the fourth year of the Conflict of Laws section, and we are hoping to build on the successful meetings in past years, most recently at the 2019 Conference in Preston. We would like to thank all those who have supported the section since its inception.

The Conflict of Laws section will meet in the second half of the conference on Thursday 3^rd and Friday 4^th September.

We intend that the section will comprise four sessions of 90 minutes, with 3 or more papers being presented in each session, followed by discussion. At least three of the sessions will be organised by theme. We hope, if submissions allow, to be able to set aside the fourth session for papers by early career researchers (within 5-years of PhD or equivalent). We also hope to organise a Conflict of Laws social event on the Thursday evening.

We welcome proposals from scholars in the field for papers or panels on any aspect of the Conflict of Laws (private international law). We welcome proposals representing a full range of intellectual perspectives in the subject section, and from those at all stages of their careers.

If you are interested in delivering a paper, we ask you to submit a proposed title and abstract of around 300 words. If you wish to propose a panel, please submit an outline of the theme and rationale for the panel and the names of the proposed speakers (who must have agreed to participate), together with their proposed titles and abstracts.

Please submit your paper abstract or panel details by 11:59pm UK time on Tuesday 24^th March 2020. All abstracts and panel details must be submitted through the Oxford Abstracts conference system which can be accessed using the following link – https://app.oxfordabstracts.com/stages/1763/submitter – and following the instructions (select ‘Track’ for the relevant Subject Section). If you registered for Oxford Abstracts for last year’s conference, please ensure that you use the same e-mail address this year if that address remains current. If you experience any issues in using Oxford Abstracts, please contact slsconference@mosaicevents.co.uk.

As the SLS is keen to ensure that as many speakers with good quality papers as possible are able to present, we discourage speakers from presenting more than one paper at the conference. With this in mind, when you submit an abstract via Oxford Abstracts, you will be asked to note if you are also responding to calls for papers or panels from other sections.

The SLS offers a Best Paper Prize which can be awarded to academics at any stage of their career and which is open to those presenting papers individually or within a panel. The Prize carries a £250 monetary award and the winning paper will, subject to the usual process of review and publisher’s conditions, be published in Legal Studies. To be eligible:

speakers must be fully paid-up members of the SLS;
papers must not exceed 12,000 words including footnotes (as counted in Word);
papers must be uploaded to the paperbank (via Oxford Abstracts) by 11.59pm UK time on Monday 24^th August; and
papers must not have been published previously or have been accepted or be under consideration for publication.

We have also been asked to remind you that all speakers will need to book and pay to attend the conference and that they will need to register for the conference by Tuesday 16^th June in order to secure their place within the programme. Please do let me/us know if this is likely to pose any problems for you. For further information, please see the conference website (https://www.slsconference.com/).

We note also that prospective speakers do not need to be members of the SLS or already signed up as members of a section to propose a paper.

We look forward to seeing you, as a speaker or delegate, at the Conflict of Laws session in Exeter.

With best wishes,

Professor Andrew Dickinson, St Catherine’s College, University of Oxford Dr Máire Ní Shúilleabháin, University College Dublin (Conveners)

Chinese Practice in Private International Law in 2018

February 10, 2020/in News/by Apostolos Anthimos

Qisheng He, Professor of International Law at the Peking University Law School, and Director of the Peking University International Economical Law Institute, has published a survey on the Chinese practice in Private International Law in 2018. The full title of the article is the following: The Chronology of Practice: Chinese Practice in Private International Law in 2018.

The article has been published by the Chinese Journal of International Law, a journal published by Oxford University Press. This is the 6th survey published by Prof. He on the topic.

Prof. He has prepared an abstract of his article, which goes as follows:

This survey contains materials reflecting the practice of Chinese private international law in 2018. First, the statistics of the foreign-related civil or commercial cases accepted and decided by Chinese courts is extracted from theReport on the Work of the Supreme People’s Court (SPC) in 2018. Second, some relevant SPC judicial interpretations including the SPC Provisions on Several Issues Regarding the Establishment of the International Commercial Court are introduced. The SPC Provisions on Several Issues concerning the Handling of Cases on the Enforcement of Arbitral Awards by the People’s Courts are translated, and the Provisions reflect a pro-arbitration tendency in Chinese courts. Third, regarding jurisdiction, a case involving the binding force of a choice of court clause under the transfer of contract is selected. Fourth, three typical cases, relating to the conflict of laws rules, are examined and deal with the matters such as personal injury on the high seas, visitation rights, as well as uncontested divorces. The case regarding personal injury on the high seas discusses the “extension of territory” theory, but its choice of law approach deviate from Chinese law. Fifth, two cases involving foreign judgments are cited: one analyses the probative force of a Japanese judgment as evidence used by the SPC, and the other recognises the judgment of a French commercial court. Sixth, the creation of a “one-stop” international commercial dispute resolution mechanism is discussed. This new dispute resolution mode efficiently coordinates mediation, arbitration and litigation. One mediation agreement approved by Chinese courts is selected to reflect this development. Finally, the paper also covers six representative decisions regarding the parties’ status, the presumption of the parties’ intention as to choice of law, and the validity of arbitration agreements.

Legal Harmonization in Africa

February 8, 2020/in News/by Ralf Michaels

Africa Silhouette Clip Art

After Chukwuma Okoli’s, recent post, on this blog, on African Private International Law, Lise Theunissen, who is currently a legal intern at the Hague Conference, now has a blogpost at afronomicslaw on the harmonization of Private International Law in the African Union. Add to that Justin Monsenepwo’s recent articles on legal unification at OHADA and on the impact of the Hague Principles of Choice of Law on OHADA, and you start gaining the impression that interest in African private international law is growing – a good thing, undoubtedly.

New documents are available for the annual HCCH governance meeting (incl. Recommended Form under the new HCCH Judgments Convention and an Info. Doc. on the interrelationship between the HCCH and the UN Sustainable Development Goals)

February 7, 2020/in News/by Mayela Celis

The annual governance meeting of the Hague Conference on Private International Law (HCCH) will take place from 3 to 6 March 2020. The list of documents that have been submitted to the HCCH governance body (i.e. the Council on General Affairs and Policy) is available here.

Recent documents that have not yet been mentioned in this blog that are worthy of note are the following:

Recommended Form under the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Prel. Doc. 4 of December 2019 –for approval) – drafted by the Permanent Bureau (PB) of the HCCH which “was in constant consultation with the Chair of the Drafting Committee, the Chair of the Commission on Judgments, and Members interested in this particular issue.” The PB took forms contained in international and regional instruments into account, including Brussels Ia Regulation.
Development of the Legal Guide to Uniform Legal Instruments in the area of international commercial contracts (with a focus on sales) (Prel. Doc. 16 of January 2020 – for info only)
Overview of the findings of the Experts’ Group on cross-border recognition and enforcement of agreements in family matters involving children in relation to the development of a normative instrument (Info. Doc. 2 of January 2020 – for info only)
The HCCH and the United Nations Sustainable Development Goals (Info. Doc. 3 of January 2020 – for info only)

A few meetings of the Special Commission (i.e. global meetings of experts) to review the practical operation of HCCH Conventions are in the pipeline and have been submitted for approval to Council concerning the following Conventions: the HCCH Apostille Convention, the HCCH Adults Convention, the HCCH Child Support Convention and the HCCH Maintenance Obligations Protocol. For the last three, if approved, it will be the first global meeting ever on their practical operation. See Prel. Docs 9, 10 and 12.

Participation in these meetings is restricted, as they are open only to delegates or experts designated by the Members of the HCCH, invited non-Member States and International Organisations that have been granted observer status.

Brexit & Lugano

February 5, 2020/in Views, News/by Thalia Kruger

Written by Jonathan Fitchen

The UK’s intention to attempt to accede to the 2007 Lugano Convention is apparently proceeding apace. Though the events leading up to Friday 31^st January, when the UK left the EU, rather overshadowed this fact, the UK Government had already announced that its intention to accede by a posting on 28^th January 2020 that may be found here https://www.gov.uk/government/news/support-for-the-uks-intent-to-accede-to-the-lugano-convention-2007 As will be remembered, the 2007 Lugano Convention is open to non-EU third States if the consent of all the existing Convention parties can be first secured. The UK Gov posting records that the UK has secured statements in support of it joining the 2007 Convention from the Swiss, the Norwegians and Iceland. So now all that is required is to secure the consent of the EU to this course of action. Assuming that such consent can be secured, the UK Gov posting records that it is the intention of the UK Government to accede to the 2007 Convention at the end of the transition period (currently scheduled / assumed for 23.00 GMT on 31^st December 2020).

Brexit – no need to panic: The UK intends to deposit new instruments of ratification of the HCCH Child Support Convention and accession to the HCCH Choice of Court Convention prior to the termination of the transition period (ending on 31 December 2020). In the meantime, it’s business as usual.

February 2, 2020/in News/by Mayela Celis

In an unprecedented manner, the UK has dealt with its problems around Brexit and its relations with the Contracting States to two HCCH Conventions on the international plane. The Depositary (i.e. the Ministry of Foreign Affairs of the Kingdom of the Netherlands) has just announced that the UK has withdrawn its instruments of ratification of the HCCH Child Support Convention and instrument of accession to the HCCH Choice of Court Convention, together with its declarations and extension to Gibraltar, which actually never came into effect and were apparently only a backup option to a no-deal Brexit; see our previous posts (“some Brexit news” part 1, part 2 and part 3 and the more recent post “Brexit: No need to stop all the clocks” here).

As stated in the notification, the reason for the withdrawal of the instruments is the following: “Since the deposit of the Instrument of [Ratification and Accession], the United Kingdom and the European Union have signed, ratified and approved a Withdrawal Agreement, which will enter into force on 1 February 2020 (the “Withdrawal Agreement”). The Withdrawal Agreement includes provisions for a transition period to start on the date the Withdrawal Agreement enters into force and end on 31 December 2020 (the “transition period”). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the Agreement, will continue to be applicable to and in the United Kingdom” (our emphasis).

In its Note, the UK adds that it intends to deposit new instruments of ratification of and accession to the above-mentioned Conventions prior to the termination of the transition period. It remains to be seen whether the UK will submit the same declarations and whether it will extend those Conventions to Gibraltar.

The Depositary’s notifications are available here for the Child Support Convention and here for the Choice of Court Convention.

Third Issue of 2019’s Revue Critique de Droit International Privé

February 1, 2020/in News/by Marie Nioche

The last issue of the Revue critique de droit international privé has been released. It is a special edition on the Cloud Act and the General Regulation on Data Protection.

The abstracts of the articles, authored by Marie-Elodie Ancel, Patrick Jacob, Régis Bismuth and Théodore Christakis, are available here.

A full table of contents is available here.

Save the Date: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 25 and 26 September 2020, University of Bonn, Germany

February 1, 2020/in News/by Matthias Weller

As of today, Brexit has become reality – one more reason to think about the EU’s Judicial Cooperation with third states:

The largest proportion of EU economic growth in the 21st century is expected to arise in trade with third countries. This is why the EU is building up trade relations with many states and other regional integration communities in all parts of the world. The latest example is the EU-MERCOSUR Association Agreement concluded on 28 June 2019. With the United Kingdom’s exit of the Union on 31 January 2020, extra-EU trade with neighboring countries will further increase in importance. Another challenge for the EU is China’s “Belt and Road Initiative”, a powerful global development strategy that includes overland as well as sea routes in more than 100 states around the globe.

The increasing volume of trade with third states will inevitably lead to a rise in the number and importance of commercial disputes. This makes mechanisms for their orderly and efficient resolution indispensable. China is already setting up infrastructures for commercial dispute resolution alongside its belts and roads. In contrast, there seems to be no elaborate EU strategy on judicial cooperation in civil matters with countries outside of the Union, despite the DG Trade’s realisation that “trade is no longer just about trade”. Especially, there is no coherent plan for establishing mechanisms for the coordination of cross-border dispute resolution and the mutual recognition and enforcement of judgments. This is a glaring gap in the EU’s policy making in external trade relations (see also, in an earlier post by Matthias Weller on CoL on this matter: Mutual trust and judicial cooperation in the EU’s external relations – the blind spot in the EU’s Foreign Trade and Private International Law policy?).

This is why the Bonn group of PIL colleagues – Moritz Brinkmann, Nina Dethloff, Matthias Lehmann, Philipp Reuss, and Matthias Weller – are hosting a conference on Friday and Saturday, 25 and 26 September 2020, at the University of Bonn that seeks to explore ways in which judicial cooperation in civil matters between the EU and third countries can be improved by the Hague Judgments Convention of 2019 as an important driver, if not game changer, of legal certainty in cross-border commercial relations.

The list of speakers includes internationally leading scholars, practitioners and experts from the Hague Conference on Private International Law (HCCH), the European Commission (DG Trade, DG Justice), and the German Ministry of Justice and for Consumers (Bundesjustizministerium der Justiz und für Verbraucherschutz).

The Conference is supported by the HCCH as one of the first European events for discussing the HCCH 2019 Convention. The Conference will be further supported by the Zentrum für europäisches Wirtschaftsrecht at the University of Bonn and The International Litigation Exchange (ILEX).

The Organizers will kindly ask participants to contribute with € 75.- to the costs of the event.

Date:

Friday, 25 September 2020, and Saturday, 26 September 2020.

Venue:

Bonner Universitätsforum, Heussallee 18 – 22

Pre-Registration:

sekretariat.weller@jura.uni-bonn.de

Draft Programme

Friday, 25 September 2020

1.30 p.m. Registration

2 p.m. Welcome note

Prof Dr Wulf-Henning Roth, University of Bonn, Director of the Zentrum für Europäisches Wirtschaftsrecht (ZEW)

2.10 p.m. Part 1: Chances and Challenges of the HCCH 2019 Judgments Convention

Chairs of Part 1: Matthias Weller / Matthias Lehmann

Keynote: Hague Conference’s Perspective and Experiences

Hans van Loon, Former Secretary General of the Hague Conference on Private International Law, The Hague

1. Scope of application

Prof Dr Xandra Kramer, Erasmus Universiteit Rotterdam

2. Judgments, Recognition, Enforcement

Prof Dr Wolfgang Hau, Ludwig-Maximilians-Universität Munich

Discussion

3.30 p.m. Coffee Break

4.00 p.m. Part 2: Chances and Challenges of the HCCH 2019 Judgments Convention continued

Chairs of Part 2: Prof Dr Nina Dethloff / Prof Dr Moritz Brinkman

3. Jurisdictional filters

Prof Dr Pietro Franzina, Catholic University of Milan

4. Grounds for refusal

Prof Dr Paco Garcimartín, University of Madrid

Discussion

5.30 p.m. Part 3: Panel Discussion – Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries, 60 min:

Chairs of Part 3: Prof Dr Matthias Weller / Prof Dr Matthias Lehmann

Colin Brown, Unit Dispute Settlement and Legal Aspects of Trade Policy, DG Trade (tbc); Andreas Stein, Head of Unit, DG JUST – A1 “Civil Justice”; Dr. Jan Teubel, German Ministry of Justice and for Consumers; RA Dr. Heiko Heppner, Attorney at Law (New York), Barrister and Solicitor Advocate (England and Wales), Chair of ILEX, Head of Dispute Resolution, Partner Dentons, Frankfurt, and perhaps more…

Discussion

7 p.m. Conference Dinner

Saturday

9.30 a.m. Part 4: The context of the HCCH 2019 Judgments Convention

Chairs: Prof Dr Moritz Brinkmann/Prof Dr Philipp Reuss

5. Relation to the HCCH 2005 Convention on Choice of Court Agreements

Prof Paul Beaumont, University of Stirlin

6. Relations to the Brussels Regime / Lugano Convention

Prof Marie-Elodie Ancel, Université Paris-Est Crétei

7. Brexit…

Dr Pippa Rogerson, Reader in Private International Law, Faculty of Law, Cambridge

Discussion

11:00 a.m. Coffee Break

11:30 a.m. Part 4: The context of the HCCH 2019 Judgments Convention continued

Chairs: Prof Dr Nina Dethloff / Prof Dr Matthias Lehman

8. South European Neighbouring and Candidate Countries

Prof Dr Ilija Rumenov, Ss. Cyril and Methodius University, Skopje, Macedonia

9. MERCOSUR – EU

Dr Veronica Ruiz Abou-Nigm, Director of Internationalisation, Senior Lecturer in International Private Law, School of Law, University of Edinburgh

10. Relations to International Commercial Arbitration

Jose Angelo Estrella-Faria, Former Secretary General of UNIDROIT, Senior Legal Officer UNCITRAL Secretariat, International Trade Law Division Office of Legal Affairs, United Nations (tbc)

Discussion

1 p.m. Closing Remarks

Matthias Weller