Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2022: Abstracts

The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles:

(These abstracts can also be found at the IPRax-website under the following link: https://www.iprax.de/en/contents/)

 

P. Hay: On the Road to a Third American Restatement of Conflicts Law

RabelsZ: new issue alert

Issue 2/2022 of RabelsZ has just been published. It contains the following contributions:

Ralf Michaels: Peter Mankowski *11.10.1966 †10.2.2022, Volume 86 (2022) / Issue 2, pp. 323–326, DOI: 10.1628/rabelsz-2022-0028

 

Katharina Pistor: Rechtsvergleichung zwischen Rechts- und politischer Ökonomie: am Beispiel des Unternehmensrechts, Volume 86 (2022) / Issue 2, pp. 327–363, DOI: 10.1628/rabelsz-2022-0029

….and a Book Review in the Second Issue of ICLQ for 2022

Further to my last post, I omitted to include a book review by Professor Gilles Cuniberti in the second issue of ICLQ for 2022 which is focused on essays written in honour of Emeritus Professor Adrian Briggs (QC), and the latest edition of his (Prof. Briggs’) book on Civil Jurisdiction and Judgements.

Disclosure: Prof. Cuniberti was the doctoral supervisor of my thesis, while Prof. Briggs was an external examiner of my PhD thesis.

Just out – Lessons on Private International Law / several authors (in Spanish)

The book entitled Lessons on Private International Law published by DIKAIA is the result of a collective effort of some of the speakers who presented at a course organised by the Mexican Consejo de la Judicatura Federal (Council of the Federal Judiciary) and the Mexican Escuela Federal de Formación Judicial (Federal School of Judiciary Training) in 2021.

Basically, this book puts into writing some of the presentations relating to the general topics on Private International Law given at the course. It should be noted that this book has seen the light of day thanks to the devoted work of professors Jorge Alberto Silva Silva and Nuria González Martín, who were the editors / coordinators.

CJEU on acquisition of new habitual residence under the 2007 Hague Protocol subsequently to a wrongful removal, case W.J., C-644/20

Under the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations, maintenance obligations are governed by the law of the State of habitual residence of the creditor, save where the Protocol itself provides otherwise [Article 3(1)]. Echoing the issues pertaining to the so-called conflit mobile, the Protocol provides also that in the case of a change in the habitual residence of the creditor, the law of the State of the new habitual residence is to apply as from the moment when the change occurs [Article 3(2)].

If the creditor is a child, does a wrongful removal – followed by an order commanding to return the child to the State in which he/she habitually resided immediately prior to the wrongful removal – constitute an obstacle to the acquisition of a new place of habitual residence by the creditor? This is the legal issue that the Court addresses in its judgment handed down this Thursday in the case W.J., C-644/20.

Read more

Pax Moot 2022 results

The Pax Moot Borrás Round of 2022 took place in Paris on 4 to 6 May. The preliminary rounds and semi-finals were held at the Universities of Sciences-Pio and Paris-Dauphine; the finals took place at the Commercial Court on the Quai de la Corse.

The University of Ljubljana won the oral rounds, with the University of Ghent as runner-up.

For the written memorials two teams share the winning position: the Università Cattolica del Sacro Cuore Milano and the Universität Wien.

Santiago García Parga, from Universidad Autónoma de Madrid won the prize for the best pleader.

The European Commission co-funds the moot court.

Global Security and International Rule of Law

Dr Sophie Duroy and Dr Rishi Gulati, both presently members of the KFG Berlin Potsdam Research Group ‘The International Rule of Law – Rise or Decline?’, will be hosting a virtual half-day webinar titled “Global Security and the International Rule of Law: Interdisciplinary Perspectives” on 30 May 2022. The event is free to attend. A program and link to registration is below:

https://www.eventbrite.co.uk/e/global-security-and-the-international-rule-of-law-tickets-331724325387

Two recent Private International Law Articles published by International and Comparative Law Quarterly in 2022

Two recent private international law articles were published by International and Comparative Law Quarterly:

B Marshall, “Asymmetric Jurisdiction Clauses and the Anomaly created by Article 31(2) of the Brussels I Recast Regulation”

The English Court of Appeal and German Bundesgerichtshof recently decided that Article 31(2) of the Brussels I Recast Regulation applies to asymmetric jurisdiction clauses. This article contends that while this conclusion is sound, separating the ‘clause’ into two ‘agreements’ to reach it is not. This disaggregation prevents a solution to the anomaly that Article 31(2) creates for asymmetric clauses, where a lender sues under its option and the borrower subsequently sues in the anchor court. This article proposes a solution, based on a uniform characterisation of the clause as a whole, which protects the lender’s option and mitigates the risk of parallel proceedings

The International Court of Justice again on jurisdictional immunities – A webinar, 11 May 2022

Invitation by Pietro Franzina

On 29 April 2022, Germany filed an application against Italy before the International Court of Justice. Germany complains that Italy is allowing its courts to entertain claims for compensation for prejudice resulting from war crimes and crimes against humanity perpetrated between 1943 and 1945 by the Third Reich’s forces in Italy.

Recalling the ruling given by the International Court of Justice itself in 2012, in the case of the Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), Germany contends that the conduct of Italian authorities amounts to a violation of jurisdictional immunity of Germany as a sovereign State (for a more detailed account of the case, see this post on the EAPIL blog).

A webinar in English, organised by the University of Ferrara and the Catholic University of Milan, will take place on 11 May 2022, between 10.30 am and 12.30 pm, via GoogleMeet, to discuss the various issues surrounding the case.

The speakers include Giorgia Berrino (University of Modena and Reggio Emilia), Serena Forlati (University of Ferrara), Pietro Franzina (Catholic University of the Sacred Geart, Milan), Karin Oellers-Frahm (Max Planck Institute for Comparative Public Law  and International Law, Heidelberg), Riccardo Pavoni (University of Siena), and Pierfrancesco Rossi (LUISS Guido Carli, Rome).

Second Issue of Lloyd’s Maritime and Commercial Law Quarterly

The second issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2022 was just published. It features the following case notes, articles and book review on private international law:

David Capper, Proving Dissipation in Freezing Orders

J Atmaz Al-Sibaie, Foreign Claims and Foreign Laws

P Devonshire, Clearing the Decks: The Siskina in the Privy Council

M Paterson, Finally laying The Siskina to rest? and expanding the court’s power to grant freezing injunctions

M Teo, Foreign Act of State: Comity or Certainty

A Dickinson, W(h)ither Unjust Enrichment? Border Disputes in the Conflict of Laws (Again)

C Proctor, Book Review on INTERNATIONAL NEGOTIABLE INSTRUMENTS. Benjamin Geva, Osgoode Hall Law School, York University, Toronto, and Sagi Peari, UWA Law School, University of Western Australia. ISBN 978-0-19-882868-6. Oxford University Press, Oxford (2020) xxxi and 252 pp., plus I p. Appendix and 12 pp. Index. Hardback £110.