German Federal Court of Justice rules on what constitutes a genuine international element within the meaning of Art. 3(3) of the Rome I-Regulation (BGH, judgment of 29 November 2023, No. VIII ZR 7/23)

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by Patrick Ostendorf (HTW Berlin)

The principle of party autonomy gives the parties to a contract the opportunity to determine the applicable substantive (contract) law themselves by means of a choice-of-law clause – and thus to avoid (simple) mandatory rules that would otherwise bite. According to EU Private International law, however, the choice of the applicable contract law requires a genuine international element: in purely domestic situations, i.e. where “all other elements relevant to the situation at the time of the choice” are located in a single country, all the mandatory rules of this country remain applicable even if the parties have chosen a foreign law (Art. 3 (3) Rome I Regulation).

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The Nigerian Supreme Court now has a Specialist in Conflict of Laws

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The authors of this post are Chukwuma Okoli, Assistant Professor in Commercial Conflict of Laws at the University of Birmingham, and Senior Research Associate at the University of Johannesburg; and Abubakri Yekini, Lecturer in Conflict of Laws at the University of Manchester.

 

On December 21, 2023, the Nigerian Senate in line with Section 231(2) of the 1999 Constitution, confirmed the appointment of Honourable Justice Habeeb A.O. Abiru (“Justice Abiru”), alongside ten other justices, to the Nigerian Supreme Court, following the recommendation of the National Judicial Council and the Nigerian President. This appointment fills the vacancy created by recent retirements or deaths of some justices.

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First edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Current Trends on International Commercial and Investment Dispute Settlement”

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From 11 to 16 December 2023, the first edition of The Hague Academy of International Law’s Advanced Course in Hong Kong was held, co-organised by the Asian Academy of International Law and the Department of Justice of the Government of the Hong Kong Special Administration Region. For this programme, the Hague Academy of International Law convened distinguished speakers to deliver lectures on “Current Trends on International Commercial and Investment Dispute Settlement”.

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Private International Law and Business Compliance in Asia Pacific Conference

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This international conference will be held on 21 February 2024 at the University of Sydney Law School, Australia. 

Keynote: Justice and injustice in foreign judgments – does terminology matter?

Professor Andrew Dickinson, Oxford University Law School

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Today the EU Digitalisation Regulation has been published – the clock starts ticking

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The long-awaited Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (Digitalisation Regulation or e-justice Regulation) has been published today in the Official Journal of the European Union. For more information on the EU internal procedure, click here.

The Digitalisation Regulation lays down the rules for the use of electronic communication between competent authorities in judicial cooperation procedures in civil, commercial and criminal matters, and for the use of electronic communication between natural or legal persons and competent authorities in judicial procedures in civil and commercial matters (Art. 1). This is to be accomplished, in particular, through the decentralised IT system (Art. 3) and the European electronic access point (Art. 4). Read more

Call for papers: AEPDIRI Seminar in Madrid “A Private International Law centred on the rights of individuals”

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The Spanish Association of Professors of International Law and International Relations  (AEPDIRI) is organising its VII Seminar on current issues in Private International Law on the topic “A Private International Law centred on the rights of individuals”. The seminar will take place at the Faculty of Law of the Universidad Pontificia Comillas (ICADE) in Madrid on 14 March 2024. The working language of the Seminar will be Spanish, but papers may also be presented in English or French. Read more

BOOK REVIEW OF THE EUROPEAN PRIVATE INTERNATIONAL LAW OF OBLIGATIONS

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EDITED

Sweet & Maxwell is offering a 15% discount on all orders of the book until January 31st 2024. To receive your discount on purchases of the hardback and ProView eBook versions of The European Private International Law of Obligations please visit Sweet & Maxwell’s estore and quote the discount code EPILOO23 at checkout OR call +44 (0)345 600 9355. Offer valid from 22nd December to 31st January 2024. 

 

European Private International Law of Obligations, The

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RabelsZ 87 (2023): Issue 4

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The latest issue of RabelsZ has just been released. It contains the following contributions:

ESSAYS

Mareike Schmidt, Kulturalität der Rechtsanwendung und internationale Rechtsvereinheitlichung – Überlegungen am Beispiel des UN-Kaufrechts, 643–671, DOI: https://doi.org/10.1628/rabelsz-2023-0077

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Early Career Research Workshop on Dispute Resolution Mechanisms and Competence-Competence in Multi-Level Systems (Berlin, 15–17 February 2024)

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From 15 February 2024 to 17 February 2024, an early career research workshop will be held at Freie Universität Berlin to discuss works in progress on dispute resolution mechanisms and competence-competence in multi-level systems. The workshop invites young researchers working on related topics from all fields of legal research and is open to different methodological approaches to analyse the research questions. The workshop aims to generate a constructive and friendly atmosphere to test working hypotheses and discuss findings. Read more

Private International Law and Sustainable Development: Global and Latin American Perspectives

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Revista Direito.UnB | V. 07, N. 3, Tomo I, EDIÇÃO ESPECIAL 2023

A new special issue of the University of Brasilia Law Journal is dedicated to the topic “Private International Law and Sustainable Development: Global and Latin American Perspectives”. The issue, co-edited by Véronica Ruiz Abou-Nigm and María Mercedes Albornoz, is based on contributions to a panel at the 15th conference of ASADIP in Asunción, Paraguay (2022), and contains some articles in Spanish, some in English. The issue is available as open access.