Private Divorces – Lecrture on the Consequences of the CJEU decision Sahyouni

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The IACPIL (Interdisciplinary Association of Private International and Comparative Law) and the University of Vienna invite to a lecture by Prof. Budzikiewicz (in German).

Whereas private divorces were mostly executed outside Europe, nowadays Italian, French as well as Spanish law allow a contractual divorce. The lecture addresses to what extent private divorces can be valid outside the enforcing state. The recognition can be relevant in different cases, e.g. another marriage is aspired or legal questions concerning the right of maintenance, tax law as well as law of succession arise.

The CJEU recently ruled that the Rome III regulation is not applicable to a marriage divorced by a spiritual court in a third country. In this respect the lecture focuses on how private divorces are to be treated with regard to private international law and international procedural law.

The flyer can be found here

Where: University of Vienna, Juridicum, Schottenbastei 10-16, 1010 Vienna, SEM 20
When: 17 May 2018, 6 p.m.
The event is free but registration is required (office@igkk.org).

SSRN: New Paper on “Regulating Offshore Finance”

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William J. Moon has published an article titled “Regulating Offshore Finance” on SSRN. It can be accessed @ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3153121. The abstract is reproduced below: Read more

International Conference: the New Hungarian Arbitration Act – Views from Hungary and Abroad

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The Department of Legal Studies of the Central European University (CEU) in Budapest and Jeantet & Partners (Paris) are organising a conference on: “The New Hungarian Arbitration Act – Views from Hungary and Abroad” on 17 May, 2018, 12:30pm – 6:30pm. Read more

US papers on Conflict of Laws, Global Governance, and International Law

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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.

 

HCCH Revised Preliminary Explanatory Report on the Judgments Project is available now

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A revised Preliminary Explanatory Report on the Judgments Project in both English and French is now available via the Hague Conference website.  This Report has been drawn up (and revised) by Professors Francisco J. Garcimartín Alférez, Universidad Autónoma de Madrid, Spain and Geneviève Saumier, McGill University, Canada.

A track-changes version of the Preliminary Explanatory Report has also been made available. See in particular the amendments contained in paragraphs 201-224 in relation to intellectual property rights, which is a subject that has been somewhat controversial. Other important additions are the declarations with respect to judgments pertaining to governments (see paragraphs 344-352) and the declarations with respect to common courts (such as regional courts, see paragraphs 353-360).

A Special Commission on the Recognition and Enforcement of Foreign Judgments will be held on 24-29 May 2018 in The Hague, the Netherlands. The agenda is available here. It is envisaged that a Diplomatic Session (i.e. a high-level negotiation with a view to adopting a final text) will be held in mid-2019.

Please note that the meetings above-mentioned are open only to delegates or experts designated by the Members of the Hague Conference, invited non-Member States and International Organisations that have been granted observer status.

Revisiting the ‘Content-of-Laws’ Enquiry in International Arbitration

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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.

Out now: Issue 2 of RabelsZ 82 (2018)

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The new issue of “Rabels Zeitschrift für ausländisches und internationales Privatrecht – The Rabels Journal of Comparative and International Private Law” (RabelsZ) has just been released. It contains the following articles: Read more

ERA Summer Courses: Cross-Border Insolvency Proceedings and Cross-Border Civil Litigation

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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.

 

 

Out Now: Arbitrability of Company Law Disputes in Central and Eastern Europe

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The Societas – Central and Eastern European Company Law Research Network organised a comparative law conference on October 20, 2017 on the interesting and complex issue of arbitrability in company law disputes (see our previous post here). The geographical area covered was Central and Eastern Europe. The conference, part of a broader research project, was hosted by the Law Department of the Sapientia University, in the multicultural city of Cluj-Napoca (Kolozsvár, Klausenburg), Romania. At the conference, comparative and national reports were presented, which reflect very different attitudes towards arbitrability in the context of company law litigation. Now, the conference volume has just been released: Arbitrability of Company Law Disputes in Central and Eastern Europe, ed. by Em?d Veress; Cluj-Napoca, Forum Iuris, 2018; ISBN 978-606-94372-3-0. In addition, Professor Csongor István Nagy from the University of Szeged (Hungary) has published the introductory chapter authored by him on SSRN here.

China’s One Belt One Road Initiative and Private International Law

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China's One Belt One Road Initiative and Private International Law (Hardback) book cover

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