Christopher Whytock (Professor of Law and Political Science, UC Irvine) has published a number of interesting papers offering broad perspectives on the conflict of laws.

One is on conflict of laws and global governance and questions how conflict of laws contributes to transnational legal ordering: Whytock, Christopher A., Conflict of Laws, Global Governance, and Transnational Legal Order (March 14, 2018). UC Irvine Journal of International, Transnational, and Comparative Law, Vol.1, 2016; UC Irvine School of Law Research Paper No. 2018-16. Available at SSRN: https://ssrn.com/abstract=3140886

The other is on the interaction between conflict of laws and international law: Whytock, Christopher A., Toward a New Dialogue between Conflict of Laws and International Law (March 21, 2018). American Journal of International Law (AJIL) Unbound, Vol. 110, 2016; UC Irvine School of Law Research Paper No. 2018-22. Available at SSRN: https://ssrn.com/abstract=3145220.

 

Soterios Loizou at King’s College London has uploaded an interesting article on ssrn entitled “Revisiting the ‘Content-of-Laws’ Enquiry in International Arbitration”. The abstract is:

Establishing the content of the applicable law is one of the most important, albeit seldom examined, topics in the theory and practice of international arbitration. Setting as point of departure the regulatory vacuum in nearly all national laws on international arbitration, this study examines in depth this “content-of-laws” enquiry in an attempt to foster doctrinal integrity, legal certainty and predictability in arbitral proceedings. Specifically, this study encompasses a three level analysis of the topic. Firstly, it explores the theoretical underpinnings and the various approaches articulated in legal theory to the establishment of the content of the applicable law in international litigation and arbitration. Secondly, on the basis of an elaborate comparative review of the various legal regimes and jurisprudence in the most frequently selected venues of arbitration, namely England & Wales, France, Hong Kong, Singapore, Switzerland, the state of New York (USA), and Sweden, as well as in leading investment arbitration fora, it challenges conventional wisdom by showcasing the emerging trend towards the application of a “facultative” jura novit arbiter principle in international arbitral proceedings. Thirdly, it delineates a clear modus operandi for arbitral tribunals, and national courts reviewing arbitral awards in annulment proceedings, and offers model clauses, arbitration rules, and national law provisions on the content-of-laws enquiry. The study concludes with some final remarks and observations that amplify the importance of continuous governing law related consultations between the parties and the arbitrators throughout the arbitral proceedings, and, certainly, before the tribunal has rendered its final award.

The full article can be accessed here.

ERA Summer course on cross-border insolvency proceedings

Trier, 11-13 June 2018

This intensive course on insolvency law will introduce lawyers to practical aspects of cross-border insolvency proceedings: different national insolvency laws, EU legislation and major CJEU case law will be presented.

The course will focus on the recast EU Regulation No 2015/848 on insolvency proceedings, including the following key topics:

• Centre of main interest (COMI) and forum shopping
• Coordination of proceedings
• Insolvency, cross-border security and rights in rem

Following an introduction to different insolvency law systems within the EU, participants will discuss the recent proposal for a Directive on insolvency and post-Brexit implications for insolvency and restructuring. Participants will be able to deepen their knowledge through case studies and workshops.

Cross-border civil litigation: summer course

Trier, 2-6 July 2018

“How do I recover money owed to me by my business partner residing abroad?” This is a problem that many companies and individuals are facing nowadays. The ERA summer course will provide you with answers. Get to know Brussels Ia, Rome I, Rome II, the European Account Preservation Order, the European Enforcement Order, the European Payment Order, the Small Claims Regulation, the Regulation on service of documents and taking of evidence, and the EU framework on mediation, ADR & ODR – and find out which path best to take!

You will learn:

• …which court is competent to hear your case
• …how to serve a judicial document
• …how to take evidence abroad
• …to advice on how to enforce a judgment abroad
• …to apply the recent CJEU case law in the field
• …which way to choose to recover money owed to your client
• …to provide guidance on how to efficiently freeze monies in foreign bank accounts
• …how to best apply the Rome I & II Regulations
• …what is the added value of ADR & mediation

 

This course will provide you with hands-on experience on cross-border civil litigation cases and the recent jurisprudence of the European Court of Justice. All relevant EU instruments will be presented and analysed, both by way of lectures and case studies. You will profit from daily workshops where active participation is encouraged.

 

 

A new book considering the private international law aspects of China’s One Belt One Road Initiative will be out in early June. The publisher’s blurb is below.

China’s One Belt One Road Initiative and Private International Law will soon be released by Routledge. It is available for pre-ordering now at https://www.routledge.com/Chinas-One-Belt-One-Road-Initiative-and-Private-International-Law/Sooksripaisarnkit-Garimella/p/book/9781138563827

Edited by Dr Poomintr Sooksripaisarnkit, of the Australian Maritime College, University of Tasmania, and Dr Sai Ramani Garimella, of the South Asian University, the book explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and politics of international trade.

Contributors include:

• Poomintr Sooksripaisarnkit – Australian Maritime College, University of Tasmania
• Yujun Guo and Pengyuan Fu – Wuhan University
• Man Yip – Singapore Management University
• Sai Ramani Garimella – South Asian University
• Ivana Kunda – University of Rijeka
• Zhengxin Huo – China University of Political Science and Law
• Bruno Zeller – University of Western Australia
• Kittiwat Chunchaemsai – Thammasat University
• Thomas John – Hague Conference on Private International Law
• Rishi Gulati – Victorian Bar, Australia
• King Fung Tsang – The Chinese University of Hong Kong
• Beligh Elbati – Osaka University
• Banu Bozkurt – Akdeniz University

By the Permanent Bureau of the Hague Conference on Private International Law (HCCH)

DIPLOMAT LAWYER ((FIRST) SECRETARY) with the following qualifications:

• Outstanding academic record and expertise in private international law (PIL);
• Common-law trained, with good comparative law background, including in the field of PIL
• Good knowledge of Hague Conventions (and other Hague instruments), including in the areas of Family Law and related Hague Children’s Conventions
• Good knowledge of public international law including the law of treaties; experience in international negotiations is desirable;
• Excellent drafting capabilities (dissertation and / or Ph.D., law review or other publication experience will be taken into account);
• 13-15 years of relevant post-qualification experience in academia, law practice, domestic administration, and/or in an intergovernmental organisation;
• Complete fluency both spoken and written, in at least one of the working languages of the Conference (French or English), with preference given to candidates who also have a strong working knowledge of the other official language;
• Applications from qualified female candidates are particularly welcomed;
• Candidates from outside Europe are especially encouraged to apply.

The selected candidate will reinforce the team at the Permanent Bureau; his or her portfolio will include several Conventions and may include ongoing legislative projects. He or she will be part of the senior management team and assure a good, co-operative working atmosphere, conducive to team work and efficient communications, both within the Permanent Bureau and in relations with representatives of States and Organisations (respect of the Permanent Bureau’s core values is essential). The selected candidate will represent the HCCH in dealings with Members as well as other stakeholders and interested parties. He or she will also be expected to assist with the administration of the Permanent Bureau.

The position requires frequent travel to both neighbouring and distant countries.

Type of appointment and duration: three-year contract (with a one-year probationary period), possibility for renewal (medical clearance required).

Grade (Co-ordinated Organisations scale for the Netherlands): +/- A4/A5 subject to relevant experience. Secretarial status granted according to the Statute of the Hague Conference and Diplomatic status, with the relevant privileges and immunities, according to the agreements of the Hague Conference with the Netherlands Ministry of Foreign Affairs.

Deadline for applications: 26 May 2018

Anticipated starting date: September/October 2018

Applications: written applications should be sent by e-mail, with Curriculum Vitae, letter of motivation and contact information for at least two references, to be addressed to the Secretary General, e-mail: applications@hcch.nl.

In view of the terms of the Statute of the HCCH according to which diversity of geographic representation and of legal expertise shall be taken into account, candidates should preferably not have (exclusively) Swiss, Canadian or Portuguese nationality.

The short-listed candidates whose applications are retained will be invited to an interview with a Selection Committee which will include the Chairman of the Netherlands Standing Government Committee, the Chairman of the Council on General Affairs and Policy, and Members of the Permanent Bureau. They may also be invited to take part in an external professional assessment.

The Permanent Bureau reserves the right not to make any appointment to this vacancy, to make an appointment at a lower grade, or to make an appointment with a modified job description.