15 April: Event on “Choice of Law in International Contracts”

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On 15 April 2019 eleven international publishing will host an event on “Choice of Law in International Contracts” to honor the publication of Dr Gustavo Moser’s book Rethinking Choice of Law in Cross-Border Sales. The event will take place from 1 to 5 pm in the  Salon Franz Josef, Hotel Regina, Rooseveltplatz 15, 1090 Vienna, Austria. Topics will include:

  • Choice of Law and Brexit
  • Drafting Choice of Law Clauses
  • CISG Status and Prospects 

1:00 pm – 3:00 pm| Roundtable Lunch with the Stakeholders

Speakers: Professor Ingeborg Schwenzer; Louise Barrington; Dr Patricia Shaughnessy; Michael McIlwrath; Luca Castellani; Dr Florian Mohs; and Dr Sabrina Strassburger

Moderator: Dr Gustavo Moser

3:30 pm – 5:00 pm| Coffee & Tea Talk

Speakers: Professor Ingeborg Schwenzer; Professor Petra Butler; Professor Andrea Bjorklund; and Dr Lisa Spagnolo

Moderator: Dr Gustavo Moser

Two post-doc positions at the University of Maastricht

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Kindly shared by Marta Pertegás Sender, Professor at the University of Maastricht

The University of Maastricht Law Faculty is offering two post-doc positions in the area of private law (including private international law), with focus on digital legal studies and globalisation respectively. The job descriptions and requirements are available hereunder:

– Assistant Professor Digital Legal Studies

– Assistant Professor Private Law and Globalization

Conference on the “Cape Town Convention on International Interests in Mobile Equipment”, Montreal, 30 April 2019

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On April 30, 2019, the Université de Montréal, in collaboration with the Department of Justice Canada, organises a conference on the topic of the “Unidroit Convention on International Interests in Mobile Equipment”. The conference will cover the Aircraft Protocol, which is in force with respect to Canada, as well as the draft MAC Protocol dealing with the asset-based financing of agricultural, mining and construction equipment.  The aim of the conference is to share experience and to foster discussions on the application of the Convention in the Canadian legal system.  What are the challenges?  What are the benefits to users?  Is the draft MAC Protocol relevant to Canada?

The full program will be available shortly on the Université de Montréal website. For further information and registration see here.

Conference on “Access to Justice and Arbitration”, London, 7 June 2019

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On 7 June 2019, the School of Law at Royal Holloway, University of London and the School of Law at Middlesex University organise a conference on the topic of “Access to Justice and Arbitration”. The conference is hosted at Royal Holloway.

The aim of the conference is to initiate a focused debate about access to justice in arbitration that would enable a larger public discussion about the specific role of access to justice in arbitration.

The full programme will be published shortly. For further information and registration see here and here.

11th International Forum on the e-APP (electronic Apostille Program) will be held in Fortaleza, Brazil, from 16 to 18 October 2019

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The Permanent Bureau of the Hague Conference on Private International Law (HCCH) has announced that the 11th International Forum on the e-APP (electronic Apostille Program) will be held in Fortaleza, Brazil, from 16 to 18 October 2019.

The e-APP promotes the use of technology to further enhance the secure and effective operation of the HCCH Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents Apostille Convention (Apostille Convention).  Among the technologies that will probably be discussed are the use of distributed ledger technologies (such as blockchain) in accordance with the Conclusion & Recommendation No 35 of the HCCH Council.

The working languages of the Forum will be English, Portuguese and Spanish.

Many Contracting Parties have already implemented one or both components of the e-APP. There are already 35 Contracting Parties with an e-Register, many of which are in the Americas. See here.

More information (incl. registration process) will be made available on the Apostille Section of the HCCH website. While the number of participants is limited, registration is free of charge and will be handled on a first come, first served basis.

The HCCH news item is available here. See also the information relating to the 10th e-APP Forum as it compiled all previous Conclusions & Recommendations.

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The book titled I Regolamenti europei sui regimi patrimoniali dei coniugi e delle unioni registrate: commento ai Regolamenti (UE) 24 giugno 2016, n.1103 e 1104 applicabili dal 29 gennaio 2019, authored by Paolo Bruno, was recently released by the Italian publisher Giuffrè.

The official description (translated from the Italian original) states:

With the adoption of Regulations (EU) Nos. 1103 and 1104 of 2016, applicable from 29 January 2019, the supranational legislator has completed – albeit in the form of enhanced cooperation – the framework of European family law, dictating common rules on jurisdiction, applicable law, recognition and enforcement of decisions in matters of matrimonial property regimes and property effects of registered partnerships. After intervening over the course of a decade in the matrimonial matters and parental responsibility, then in terms of maintenance obligations and succession, the Council of the European Union has therefore provided citizens and professionals with the necessary coordinates to reach a complete definition of the property relationships of spouses and partners (between them and third parties) deriving directly from the creation of the family bond or its dissolution. Retracing the structure of the two legislative acts, as supplemented by the Implementing Regulations (EU) No. 1935 and No. 1990 of 7 and 11 December 2018 which adopted the standard forms attached to them, and commenting on the discipline in the light of the most recent rulings of the European Courts, the author examines their compatibility with the relevant institutes of Italian substantive and procedural law – from the reflections on the discipline of legal communion and applicability to registered partnerships and de facto couples, to exploring their practical implications in terms of circulation of agreements on assisted negotiation – in a constantly evolving regulatory and social context.

This book follows Bruno’s former book Le controversie familiari dell’Unione Europea published with the same editor in 2018.

Procedural Harmonization and Private Enforcement in the Area of Personal Data Protection

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Marta Requejo  has published recently an article on the Procedural Harmonization and Private Enforcement in the Area of Personal Data Protection. The article is featured in the latest edition of the Max Planck Institute Luxembourg for Procedural Law Research Paper Series, and may be retrieved here. Read more

The 2019 edition of the Brussels Global Week

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This year’s edition of the Brussels Global Week, an annual forum open to academics, researchers, students, NGOs, legal practitioners, regulators and decision-makers to discuss issues of law and globalization, will take place from 20 to 23 May 2019 at the Solbosch Campus of the Université Libre de Bruxelles.

Speakers include Karim Benyekhlef (Montréal), Jean-Sylvestre Bergé (Nice Sophia Antipolis), Walter Mattli (Oxford), and Wolfgang Schulz (Hamburg).

The Chaïm Perelman Lecture will be delivered by Gunther Teubner (Goethe Univ.).

The full programme can be found here. For further information, see here.

Preparing for Brexit, part 3

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After April Fools’ Day in the House of Commons, stepping up preparations for a no-deal Brexit has become more important than ever. Insofar, it should be noted that not only the EU Commission has been active in this regard (see our earlier posts here and here), but that national legislators are bracing for the fallout from a hard Brexit as well. On 29 March 2019, the German law on Brexit-related measures in the field of taxation entered into force. In spite of its bland title, this law goes far beyond tax law and includes transitory provisions in a number of important areas of business law, ranging from banking to insurance and securities law. Most articles provide that German authorities may order that British companies will be treated like EU companies for a transition period no longer than 21 months in case of a hard Brexit. By such an extension, the German legislature hopes to buffer the economic shocks that may arise in the absence of a withdrawal agreement.

Applicable Law and Jurisdictional Agreement in European Union International Family and Succession Law

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Dr. Marlene Brosch (Senior Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law) recently published a book on Choice of Law Agreements and Jurisdictional Agreements in EU International Family Law and Succession Law.

 

Here is a brief overview provided by the author:

 

Choice of Law Agreements and Choice of Court Agreements are fundamental legal instruments in Private International Law, expressing the parties’ autonomy to determine the applicable law and the competent court(s). In the field of Family Law and Succession Law, party autonomy has only recently taken root through the enactment of several EU Regulations that recognise limited party autonomy: Rome III, Brussels II-bis, Maintenance Regulation, Succession Regulation, as well as the Regulations on Matrimonial Property Regimes and Property Regimes of Registered Partnerships.

 

The book constitutes an in-depth comparison of the rules on party autonomy in the aforementioned legal instruments from a functional and systematic perspective. Special regard is given to the interrelations between applicable law and jurisdiction. This comparative analysis serves as the starting point for
assessing inconsistencies and deficiencies, which further lead to discussing reform proposals for a more coherent normative system.

 

More information can be found at https://www.mohrsiebeck.com/en/book/rechtswahl-und-gerichtsstandsvereinbarung-im-internationalen-familien-und-erbrecht-der-eu-9783161562730?no_cache=1 .