From anti-suit injunctions to ‘quasi’ anti-suit injunctions and declaratory relief for breach of a choice of court agreement: a whiter shade of pale?

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

‘Private International Law Online. Internet Regulation and Civil Liability in the EU’: A new volume by Tobias Lutzi

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.

Australian Information Commission v Facebook Inc: Substituting the Hague Service Convention during the Pandemic?

by Jie (Jeanne) Huang, Associate Professor of the University of Sydney Law School, Jeanne.huang@sydney.edu.au

Recently, in Australian Information Commission v Facebook Inc ([2020] FCA 531), the Federal Court of Australia (‘FCA’) addresses substituted service and the Hague Service Convention in the contexts of the COVID-19 pandemic. This case is important on whether defendants located outside of Australia in a Hague Convention state can be served by substituted service instead of following the Convention.

  1. Facts:

Facebook Inc is a company incorporated in the US (‘Facebook US’), while Facebook Ireland is in Ireland. Due to the Cambridge Analytica scandal, Facebook was fined in the US and the UK. The office of the Australian Information Commission has also investigated Facebook over the scandal since April 2018 and hauled Facebook into the FCA on 9 March 2020.[1] The Commission alleged that Facebook Inc and Facebook Ireland breached s 13 G of the Privacy Act (Cth) from 12 March 2014 to 1 May 2015.

Call for Papers: Third German-Speaking Conference for Young Scholars in PIL

Following successful events in Bonn and Würzburg, the third iteration of the conference for young German-speaking scholars in private international law will take place – hopefully as one of the first events post-Corona – on 18 and 19 March 2021 at the Max Planck Institute for Comparative and International Private Law in Hamburg. The conference will focus on the theme of PIL for a better world: Vision – Reality – Aberration?; it will include a keynote by Angelika Nußberger, former judge at the European Court of Human Rights, and a panel discussion between Roxana Banu, Hans van Loon, and Ralf Michaels.

The organisers are inviting contributions that explore any aspect of the conference theme, which can be submitted until 20 September 2020. The call for papers and further information can be found on the conference website.

Now reviewed: new book (in Spanish) on surrogacy

written by Michael Wells-Greco

(Note: publication of this book was announced earlier.)

 

La gestación por sustitución en el derecho internacional privado y comparado

Instituto de Investigaciones Jurídicas UNAM – Centro de Investigación y Docencia Económicas (CIDE)

México, 2020

 

This highly informative and timely book edited by María Mercedes Albornoz addresses the pressing challenges presented by surrogacy arrangements. With contributions from Nuria González Martín, Verónica Esparza, Ximena Medellín Urquiaga, Isabel Fulda, Rebeca Ramos, Regina Tamés, Mónica Velarde, Federico Notrica, Cristina González Beilfuss, Rosa Elvira Vargas, María Virginia Aguilar, Francisco López González, María Mercedes Albornoz and Nieve Rubaja, and a thought provoking preface by Eleonora Lamm,  this collection contains a remarkable wealth of comparative Ibero-America legal materials on surrogacy. While comparisons are made with the diverse national surrogacy approaches in other parts of the world, much of the comparative discussion centres on the experience of surrogacy in the Americas (in Mexico and Argentina, in particular). The careful analysis demonstrates the challenges for many states arising from surrogacy arrangements.

Hague Academy Centre for Studies and Research: Online Session on Epidemics and International Law

In lieu of its originally scheduled programme, the Hague Academy of International Law recently announced its first online programme, the invitation to which reads as follows:

The Hague Academy of International Law is pleased to announce the launch of its very first online programme: an entirely online session of its Centre for Studies and Research. This session will take place between September 1st, 2020, and June 1st, 2021, on the theme of Epidemics and International Law.  The working language will be English.

The Directors of Research, Professor Shinya Murase (Sophia University, Tokyo) & Ms. Suzanne Zhou (McCabe Centre for Law and Cancer, Melbourne) invite applications from researchers including students in the final phase of their doctoral studies, holders of advanced degrees in law, political science, or other related disciplines, early-stage professors and legal practitioners.

New book (in Spanish) on Surrogacy

La gestación por sustitución en el derecho internacional privado y comparado
A new book (in Spanish) on surrogacy in private international law and comparative law, edited by the indefatigable Mercedes Albornoz, and freely available online.

 

Humboldt-University Berlin: PhD fellowship in private (international) law

The Graduate Programm “Dynamic Integration” at the Faculty of Law of Humboldt-University Berlin offers a PhD fellowship in private (international) law. The fellowship is (generously) funded by the German Research Foundation (Deutsche Forschungsgemeinschaft). In addition, Humboldt-University offers an outstanding research environment.

For more information see here.

Conference and Call for Papers Frontiers in Civil Justice, Erasmus University Rotterdam

Save the date

The conference Frontiers in Civil Justice will take place at Erasmus University Rotterdam on 16 and 17 November 2020. The conference will address four key issues in civil justice, which require a deeper and renewed reflection in light of their contribution of facilitating access to justice. These are the shaping of the interaction between formal and informal justice, the digitalization of consumer dispute resolution (ODR), the collectivizing and monetizing of civil litigation and efforts of bringing justice closer to citizens. The conference will bring together academics, policymakers, practitioners and representatives of civil society to critically reflect on the opportunities and possible drawbacks ensuing from these paramount developments.