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In cooperation with the Asian Academy of International Law, the Hague Academy of International Law will hold its first edition of its Advanced Courses in Hong Kong from 7 to 11 December 2020.  The topic will be: “Current Trends on International Commercial Dispute Settlement“.

For this special programme, the Secretary-General of The Hague Academy of International Law has invited leading academics and practitioners from Paris (Professor Diego P. Fernández Arroyo), New York (Professor Franco Ferrari), Bonn (Professor Matthias Weller), Singapore (Ms Natalie Morris-Sharma), and Beijing (Judge Zhang Yongjian) to present expert lectures on the United Nations Convention on International Settlement Agreements Resulting from Mediation, Investor-State Dispute Settlement, international commercial arbitration, settlement of international commercial disputes before domestic courts, and the developments of the International Commercial Court. Registered participants will have pre-course access to an e-learning platform that provides reading documents prepared by the lecturers. At the end of the course, a certificate of attendance will be awarded.

The second issue of 2020 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. It features:

Fernando Gascón Inchausti, Professor at Universidad Complutense de Madrid, Does EU Law Ensure an Adequate Protection of Debtors in Cross-Border Enforcement? (in English)

Anita Durakovic, Associate Professor at the University Dzemal Bijedic Mostar, and Jasmina Alihodzic, Professor at the University of Tuzla, co-authored a monograph titled International Surrogate Motherhood – Account of the Legislation in Bosnia and Herzegovina (in the original: Medunarodno surogat materinstvo – osvrt na zakonodavstvo u Bosni i Hercegovini). The book was published earlier in 2020 by the Faculty of Law of the University Dzemal Bijedic in Mostar.

On 17 July 2020, the Depositary (i.e. the Ministry of Foreign Affairs of the Netherlands) notified that Austria ratified the HCCH Service Convention, which will enter into force for Austria on 12 September 2020. With this ratification, the HCCH Service Convention continues to attest itself as an important instrument of judicial co-operation given that all EU Member States are now a party to it.

The ratification of Austria was made pursuant to Council Decision (EU) 2016/414 of 10 March 2016 authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union. As indicated in a previous post, this decision required that such ratification be made by 31 December 2017 so it was long overdue.

As announced earlier, Erasmus School of Law is recruiting five researchers for a project on Affordable Access to Civil Justice in Europe, financed by the Dutch Research Council. The deadline for application has been extended till 27 July 2020. See our previous post.

The EU Regulations on the Property Regimes of International Couples – A Commentary has been published by Edward Elgar in its “Elgar Commentaries in Private International Law” series.

The publisher’s abstract reads: This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.

Back in February we reported on the Opinion presented by Advocate General Tanchev in case C-249/19, JE. Today the Court of Justice rendered its Judgment in which it confirms the interpretation provided in the Opinion.

As a reminder, the question referred to the Court of Justice originated in the proceedings pending before the Romanian courts dealing with a petition for divorce. The parties to these proceedings are Romanian nationals, habitually resident in Italy.

In these circumstances, under Article 8(a) of the Rome III Regulation, it is a priori Italian law that governs the grounds of divorce. According to Italian law, the dissolution of marriage can be pronounced only where there had been a legal separation of the spouses and at least three years have passed between this separation and the time at which the court have been seized by the applicant.

This Call for Paper is for an edited volume, the working title of which is: Public International Law and Private International Law: Charting a blurry boundary – towards convergence or still divergence?

The editors, Dr Poomintr Sooksripaisarnkit (of the University of Tasmania) and Dharmita Prasad (of Jindal Global Law School), are in negotiation with Springer Nature Pte Ltd for this edited volume.

Both editors would like to invite you to contribute a chapter in this edited volume focusing on addressing intersectionality between public international law and private international law. Further details are provided in the concept note below.

 

Tentative Timeline:

Nearly a year ago I reported on a Greek judgment refusing execution of two English orders issued on the basis of a High Court judgment which granted declaratory relief to the applicants. This came as a result of proceedings initiated in Greece, in breach of the settlement agreements and the exclusive jurisdiction clauses in favor of English courts. A recent judgment rendered by the same court confirmed the incidental recognition of the same High Court judgment, which resulted in the dismissal of the claim filed before Greek courts due to lack of jurisdiction.

Piraeus Court of Appeal Nr. 89/31.01.2020

THE FACTS

A comprehensive and innovative volume by Tobias Lutzi was recently released providing a dedicated analysis of the EU private international law framework as it applies to online activities and to the civil liability arising therefrom. The volume is a welcome addition to Oxford University Press’s already thriving ‘Oxford Private International Law Series’.

Linking the question of the role of private international law in addressing the challenges brought forth by the Internet to the broader debate about the potential of private international law in conflicts regulation and resolution, the Author identifies in the Internet’s independence from State border and in the prevalence of private ordering the two key challenges for private international law vis-à-vis civil liability arising from online activities.