Advanced Introduction to Private International Law and Procedure

Peter Hay (Emory University, School of Law, USA) has recently published a new book on Private International Law and Procedure. Published in the Elgar Advanced Introduction Series the author has kindly provided the following (extended) summary:

This book deals with the problems that arise in international litigation in civil and commercial cases. Some are familiar problems – for instance, when does a court have jurisdiction over an out-of-state defendant? – except that the international context adds complexity. Other problems are unique to the settlement of international disputes, for instance, does another country’s law apply to the substance of the case and how does one get a domestic judgment recognized and enforced in a foreign country?

The presentation is problem-oriented and takes a comparative-law approach. The three parts of the book present the principal problems parties face in dealing with cases with an international dimension. The latter may be either parties in different countries dealing with each other or facts or elements of the case that involve more than the state where suit is brought (the forum state).

There are no international law solutions to these problems, despite the name of the subject of this advanced introduction. “Private International Law” is the national law of each country dealing with international cases involving private law subject matters. Answers to the litigation problems identified and discussed in the text may therefore differ somewhat or substantially depending on the national law lens through which these problems are viewed. For this reason, this volume uses a comparative approach.

There are, of course, many nuances in the national laws around the world (see the Encyclopedia of Private International Law). But two main “systems” (again with differences within each) stand out, at least in the Western world: the civil law system, derived and developed from Roman law, which is the basis of much of European, South American and some other law, and the common law that spread from England to the United States, Canada and the British Commonwealth. To narrow things down, this volume compares – in the main, but not exclusively – the law of the European Union as largely representative of civil-law solutions and the approaches followed in the United States for the common law.

It would be a vast, indeed misleading overstatement to say that the systems show evidence of converging. Nonetheless, and with problems and the need for solutions being similar, some solutions do resemble each other. As the Conclusion suggests, European law has made particular strides in evolving a modern Conflicts law, in some respects adopting some of the flexibility that characterizes American law, but doing this in a circumspect and very principled way. Work on a new Restatement in the United States and beginning work in the Hague Conference on Private International Law on a new effort to come up with a multilateral convention on jurisdiction and judgment recognition may result in significant developments in the not too distant future.

Out Now: Liber Amicorum for Christian Kohler

On 18 June 2018, Professor Dr. Christian Kohler, former General Director at the CJEU and honorary professor for private international law, European civil procedural law and comparative law at the University of Saarbrücken, celebrated his 75th birthday. On this occasion, numerous colleagues and friends both from the CJEU and European academia contributed to a liber amicorum in his honour: Burkhard Hess, Erik Jayme and Heinz-Peter Mansel (eds.), Europa als Rechts- und Lebensraum, Liber amicorum für Christian Kohler, Gieseking Verlag (Bielefeld) 2018; XII and 596 pp.; ISBN: 978-3-7694-1199-7. The volume contains 44 articles (mostly) on private international law in English, French and German (moreover, it features a touching French poem by Catherine Kessedjian). The full table of contents and further information are available at the publisher’s website here.

RiDoc 2018: Call for Abstracts

Following the successful international doctoral conference two years ago, the Faculty of Law in Rijeka is organising RiDoc 2018: Rijeka Doctoral Conference, to be held on 7 December 2018. The call for abstracts is available here and contains all the necessary details. It is important to note that the applications are welcome by 25 July 2018 and the results of the review will be known by 15 September 2018. Applications and any questions should be addressed to ridoc@pravri.hr.

International Business Courts – seminar and NCC update

As announced earlier the seminar Innovating International Business Courts, organized by Erasmus School of Law (ERC project Building EU Civil Justice), the Max Planck Institute Luxembourg, and the Montaigne Center of Utrecht University) will take place in Rotterdam on 10 July 2018. We have a great line-up of speakers and over 100 participants, including practitioners, academics, business representatives and policy makers from from all over Europe and beyond. During the drinks young researchers will do a poster presentation.

While the expectation was that the Netherlands Commercial Court (NCC) would open its doors on 1 July 2018 (see also the previous post), discussions in the Senate have caused delay. The discussions evolve around a number of issues, but most importantly the relatively high flat fee (compared to the fees of ordinary proceedings and for smaller companies/claims). Prof. Eddy Bauw, one of the founding fathers of the NCC, will update us on the 10th of July.

For more information and registratation click here; registration closes on 9 July at 9 a.m.

Job Vacancy at the University of Trier (Germany)

The Faculty of Law at the University of Trier is looking for a research fellow (Wissenschaftliche(r) Mitarbeiter(in)) at the Chair for Private Law, Private International Law and Comparative Law (Prof. Dr. Jens Kleinschmidt, LL.M. (Berkeley)) on a part-time basis (50 %) as soon as possible.

The position will be paid according to the salary scale E 13 TV-L, and the contract will be for an initial period of two years.

The research fellow will be given the opportunity to conduct his/her own Ph.D. project under the chairholder’s supervision (according to the applicable regulations of the Law Faculty). His/her tasks will include supporting the chairholder in research, teaching and administrative matters, an independent teaching obligation of 2 hours/week (in German) and pursuing his/her own Ph.D. project.

The successful candidate holds a first law degree (Erste juristische Prüfung) above average and has a particular interest in private law and the willingness to work in the research areas of the chair. A very good command of German and, in addition, English or French is required. Knowledge of another language or a stay abroad will be an asset.

Candidates with disabilities will be given preference in case of equal qualification. Applications by qualified women are particularly welcome.

If you are interested, please send your application (cover letter in German, CV, all relevant documents including transcripts and copy of law degree) by 31 July 2018 to: Professor Dr. Jens Kleinschmidt, Universität Trier, FB V – Rechtswissenschaft, 54286 Trier, Germany.

The job advert in full detail is available here.

From the editors’ desk: Construction zone ahead

Dear readers,

some of you might have noticed that we are currently working to improve conflictoflaws.net. If the site does not look the way it used to look like, that is why.

We do our best to keep the blog up and running while we are working on it, but ask for your understanding if once in a while things do not work out or do not look as expected. Thank you! Read more

New online service on International Arbitration

The publisher’s blurb is as follows:

“The Chinese perspective on The South China Sea Arbitration, is just one of the 40+ texts searchable on the new online service, International Arbitration.

The service is made up of content from three respected publishing brands (Hart Publishing, CH Beck-Nomos and Bloomsbury Professional). It provides access to materials by over 60 respected author names with the speed and convenience of online research.

International coverage in depth and breadth

The content covers a broad range of jurisdictions from arbitration centres all over the world including:

  • China
  • New York
  • Switzerland
  • Germany
  • The Middle East

Expert authors and contributors

Authors and contributors are drawn from leading firms and academic institutions, including:

  • Allianz SE
  • Gleiss Lutz
  • PriceWaterhouseCoopers
  • Herbert Smith Freehills LLP
  • Freshfields Bruckaus Deringer
  • Oxford University
  • University College London

Regional experts include Kun Fan on Arbitration in China and Reinmar Wolff on the New York Convention.

You can only fully appreciate the quality of International Arbitration by trying it for yourself. For more information, or to sign up for a free trial please visit http://www.bloomsburylawonline.com/internationalarbitration/

 

 

Out now: Festschrift in honour of Jolanta Kren Kostkiewicz

Although it is hard to believe in light of her vitality and prolific academic output, Professor Dr. Jolanta Kren Kostkiewicz (University of Berne, Switzerland) will actually retire at the end of the spring term 2018. On this occasion, many colleagues and friends both from Switzerland and abroad have contributed to a voluminous Festschrift in her honour which is published under the general heading “Civil procedure and execution in the national and international sphere – intersections and comparisons” (Alexander R. Markus/Stephanie Hrubesch-Millauer/Rodrigo Rodriguez [eds.], Zivilprozess und Vollstreckung national und international – Schnittstellen und Vergleiche, Stämpfli Verlag AG, Bern 2018, 858 pp., ISBN: 978-3-7272-2289-4, CHF 158). Read more

Symposium in honour of Professor Gabrielle Kaufmann-Kohler

The Law Faculty and the Department of Private International Law of the University of Geneva are organizing a symposium on international dispute settlement in honour of Prof. Gabrielle Kaufmann-Kohler. This event will take place on 27 September 2018 in Geneva. The organizers wish to celebrate Kaufmann-Kohler’s career as professor, arbitrator, counsel, researcher and director of research. Her colleagues, friends and former students will gather to celebrate this extraordinary lawyer whose talents and personality are recognized worldwide. Further information about the programme and details on registration may be found here.

Vacancy: Senior Research Assistant sought for global project on choice of law

Professor Daniel Girsberger of the University of Lucerne is seeking to employ a Senior Research Assistant to work on a global project on Choice of Law in International Commercial Contracts. The part-time position is funded by the Swiss National Research Fund (SNF), initially for a period of three years. It is envisaged that the successful candidate would work from the University of Lucerne (and/or Geneva).

The successful candidate will:

– be a lawyer
– have very good credentials
– have completed a doctoral dissertation or be an advanced doctoral candidate
– be multilingual: ideally a native (or otherwise an excellent) English speaker with excellent English writing skills, and with very good writing (and good speaking) skills in German and at least two other languages, such as French and Spanish
– have specific research and practical skills, experience and an interest in:
o private international law on a domestic as well as regional or global level
o (ideally) international arbitration
o international instruments in the area of commercial law (such as the CISG, UNIDROIT Principles, New York Convention 1958 and Hague Conference instruments)
– have very good practical skills in using legal databases (search and management of such databases) and electronic data processing
– be very well organized and have very good communication skills to communicate with legal academics from all over the world.

Enquiries and applications (CV and covering letter) should be directed to Daniel Girsberger: Daniel.Girsberger@unilu.ch.

Applications close on 31 August 2018.

A link to the advertisement on SSRN is available here.