Conflict-of-Norms in the Information Society: National Security and Cross-border Data Flow

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This event is presented by Private International Law and Law & Technology interest groups of the American Society of International Law and the Sydney Centre for Asian and Pacific Law at the University of Sydney.

Online event | 11am-12pm, Fri 3 March

National security has increasingly become a concern for cross-border data flow. In this panel discussion, we will survey the conflicts and potential collaboration between protecting national security and enhancing digital trade.

Our distinguished panel will cover relevant laws and practices in big (the US and China), medium (the UK), and small (Vietnam and Taiwan) jurisdictions.

Time
11am-12pm AEDT (Thu 2 March, 7-8pm EST)

Registration
Complimentary, however registration is essential.

Register here.

Call for Papers: SLS Conflict of Laws Section, Oxford Brookes, 2023

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The convenors of the SLS Conflict of Laws section, Lauren Clayton-Helm and Bobby Lindsay, have been so kind as to share the following call for papers with us.

This is a call for papers and panels for the Conflict of Laws section of the 2023 Society of Legal Scholars’ Annual Conference to be held at Oxford Brookes, from 27th – 30th June.  The Conflict of Laws section will meet in the second half of the conference on 29–30 June and will have four sessions, each lasting 90 minutes.

Read more

Registration open: German Conference for Young Scholars in Private International Law 2023

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As previously announced, the 4th German Conference for Young Scholars in Private International Law will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna.

The theme of the conference is

Deference to the foreign – empty phrase or guiding principle of private international law?

 

Although primarily held in German, a significant amount of presentations will be offered in English, including

“The metaphor of the ‘dismal swamp’: an ecosophical approach to the conflict of laws” by Prof. Horatia Muir Wat (Keynote lecture)

“Overriding Mandatory Rules and Choice of Law Rule in Procedure: Opposite Trends?” by Shahar Giller (presentation)

“Mind the Gap – Adaptation Mechanisms in the Cross-Border Enforcement of Judgments” by Tess Bens (presentation)

“Connecting Factors: Tools or Loopholes in Achieving Deference to the Foreign” by Stefano Dominelli and Michael Cremer (short presentation)

For further information and registration, please visit the event’s homepage – the organizers kindly ask to register by 17 February 2023.

Chronology of Practice: Chinese Practice in Private International Law in 2021

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Professor HE Qisheng  has published the annual report, Chronology of Practice: Chinese Practice in Private International Law in 2021, now in its 9th year. The article has been published by the Chinese Journal of International Law, a journal published by Oxford University Press..

This survey contains materials reflecting the Chinese practice of Chinese private international law in 2021. Firstly, regarding changes in the statutory framework of private international law in China, six legislative acts, one administrative regulation on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures, and six judicial interpretations of the Supreme People’s Court (“SPC”) were adopted or amended in 2021, covering a wide range of matters, including punitive damages, online litigation, online mediation, and international civil procedure. Secondly, five typical cases on Chinese courts’ jurisdiction are selected to highlight the development of Chinese judicial practice in respect of consumer contracts, abuse of dominant market position, repeated actions and other matters. Thirdly, this survey considers 18 cases on choice-of-law issues relating, in particular, to capacities of legal persons, proprietary rights, employee contracts, mandatory rules, gambling and public policy. Fourthly, two significant decisions on punitive damages of intellectual property are reported. Fifthly, several key decisions in the recognition and enforcement of foreign judgments, international arbitration agreements and foreign settlement agreements, are reproduced. Lastly, this survey also covers the Summaries of the National Symposium on Foreign-related Commercial and Maritime Trials of Courts published by the SPC, an official document which represents the current judicial practices in the Chinese courts, and which is expected to provide guidance in the adjudication of foreign-related matters in the future.

Table of Contents

  1. Introduction
  2. Overview

II.A. Report on the Work of the SPC in 2021

II.B. Laws and the SPC’s interpretations

III. Jurisdiction

III.A. Rules in the SPC Summaries on Foreign-related Trials

III.B. Consumer contract

III.C. Different courts agreed upon in the principal and accessory contract

III.D. Jurisdiction over abuse of dominant market position

III.E. Repeated actions

  1. Choice of law

IV.A. Rules in the SPC Summaries on Foreign-related Trials

IV.B. Capacity of legal person

IV.C. Rights in rem

IV.D. Obligations

IV.E. Mandatory rules

IV.E.i. Foreign exchange guarantee

IV.E.ii. Share transfer

IV.F. Gambling and public order

  1. Intellectual property

V.A. New rules on punitive damages

V.B. Selected cases on punitive damages in Chinese courts

  1. Foreign judgments

VI.A. Rules in the SPC Summaries on Foreign-related Trials

VI.B. Cases about recognition and enforcement of foreign judgments

VII. International arbitration and foreign awards

VII.A. Rules in the SPC Summaries on Foreign-related Trials

VII.B. Arbitration clause and a lien dispute over the subject matter

VIII. Confirmation of the validity of foreign settlement agreement

Here are the links to the article:

Bonn University / HCCH Conference — The HCCH 2019 Judgments Convention: Cornerstones – Prospects – Outlook, 9 and 10 June 2023

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Registration now open

 

Dates:                   

Friday and Saturday, 9 and 10 June 2023

Venue:                  

Universitätsclub Bonn, Konviktstraße 9, D – 53113 Bonn

Registration:     

sekretariat.weller@jura.uni-bonn.de

 

Registration Fee: € 220.-
Young Scholars Rate (limited capacity): € 110.-
Dinner (optional):                      € 60.-

Registration: Please register with sekretariat.weller@jura.uni-bonn.de. Please communicate your full name and your postal address (for accounting purposes). Clearly indicate whether you want to benefit from the young scholars’ reduction of the conference fees and whether you want to participate in the conference dinner. You will receive an invoice invoice per email for the respective conference fee and, if applicable, for the conference dinner. Please make sure that we receive your payment at least two weeks in advance to the conference (26 May 2023 at the latest). After receiving your payment we will send out a confirmation of your registration. This confirmation will allow you to access the conference hall and the conference dinner.

Please note: Access will only be granted if you are vaccinated against Covid-19. Please confirm in your registration that you are, and attach an e-copy of your vaccination document. Please follow further instructions on site, e.g. prepare for producing a current negative test, if required by University or State regulation at that moment. We will keep you updated. Thank you for your cooperation.

Accommodation: We have blocked a larger number of rooms in the newly built hotel “MotelOne Bonn-Beethoven”, https://www.motel-one.com/de/hotels/bonn/hotel-bonn-beethoven/, few minutes away from the conference venue. The hotel’s address is: Berliner Freiheit 36, D – 53111 Bonn. The contact details are: bonn-beethoven@motel-one.com, +49 228 9727860. These rooms need to be booked on your own initiative and account by making reservation with the Hotel and by referring to „Universität Bonn“. These rooms will be blocked until 22 April 2023 at the latest. As there will be several larger events in town at the date of our conference we recommend making arrangements for accommodation quickly.

 

Programme

Friday, 9 June 2023

 

8.30 a.m.      Registration

9.00 a.m.      Welcome notes

Prof Dr Matthias Weller, Director of the Institute for German and International Civil Procedural Law, Rheinische Friedrich-Wilhelms-Universität Bonn;
Dr Christophe Bernasconi, Secretary General, HCCH

Moderators: Prof Dr Moritz Brinkmann, Prof Dr Nina Dethloff, Prof Dr Matthias Weller, University of Bonn; Prof Dr Matthias Lehmann, University of Vienna; Dr João Ribeiro-Bidaoui, Former First Secretary, HCCH; Melissa Ford, Secretary, HCCH

 

Part I: Cornerstones

  1. Scope of application
    Prof Dr Xandra Kramer, Erasmus University Rotterdam, Utrecht University, The Netherlands
  1. Judgments, Recognition, Enforcement
    Prof Dr Wolfgang Hau, Ludwig-Maximilians-Universität Munich, Germany
  1. The jurisdictional filters
    Prof Dr Pietro Franzina, Catholic University of Milan, Italy
  1. Grounds for refusal
    Adj Prof Dr Marcos Dotta Salgueiro, University of the Republic, Montevideo; Director of International Law Affairs, Ministry of Foreign Affairs, Uruguay
  1. Article 29: From a Mechanism on Treaty Relations to a Catalyst of a Global Judicial Union
    Dr João Ribeiro-Bidaoui, Former First Secretary, HCCH
    Dr Cristina Mariottini, Senior Research Fellow at the Max Planck Institute for International, European and Regulatory Law, Luxembourg

 

1.00 p.m.     Lunch Break

  1. The HCCH System for choice of court agreements: Relationship of the HCCH Judgments Convention 2019 to the HCCH 2005 Convention on Choice of Court Agreements
    Prof Dr Paul Beaumont, University of Stirling, United Kingdom

Part II: Prospects for the World 

  1. European Union
    Dr Andreas Stein, Head of Unit, DG JUST – A1 “Civil Justice”, European Commission
  1. Perspectives from the US and Canada
    Professor Linda J. Silberman, Clarence D. Ashley Professor of Law, Co-Director, Center for Transnational Litigation, Arbitration, and Commercial Law, New York University School of Law, USA
    Professor Geneviève Saumier, Peter M. Laing Q.C. Professor of Law, McGill Faculty of Law, Canada
  1. Southeast European Neighbouring and EU Candidate Countries
    Prof Dr Ilija Rumenov, Associate Professor at Ss. Cyril and Methodius University, Skopje, North Macedonia

 

8.00 p.m.     Conference Dinner (€ 60.-)

Dinner Speech
Prof Dr Burkhard Hess, Director of the Max Planck Institute for International, European and Regulatory Law, Luxembourg

 

Saturday, 10 June 2023

 

9.00 a.m.      Part II continued: Prospects for the World

  1. Perspectives from the Arab World
    Prof Dr Béligh Elbalti, Associate Professor at the Graduate School of Law and Politics at Osaka University, Japan
  1. Prospects for Africa
    Prof Dr Abubakri Yekini, University of Manchester, United Kingdom
    Prof Dr Chukwuma Okoli, University of Birmingham, The Netherlands
  1. Gains and Opportunities for the MERCOSUR Region
    Prof Dr Verónica Ruiz Abou-Nigm, Director of External Relations, Professor of Private International Law, University of Edinburgh, United Kingdom
  1. Perspectives for ASEAN
    Prof Dr Adeline Chong, Associate Professor of Law, Yong Pung How School of Law, Singapore Management University, Singapore
  1. China
    Prof Dr Zheng (Sophia) Tang, University of Newcastle, United Kingdom

 

1.00 p.m.     Lunch Break

 

Part III: Outlook

  1. Lessons Learned from the Genesis of the HCCH 2019 Judgments Convention
    Dr Ning Zhao, Principal Legal Officer, HCCH
  1. International Commercial Arbitration and Judicial Cooperation in civil matters: Towards an Integrated Approach
    José Angelo Estrella-Faria, Principal Legal Officer and Head, Legislative Branch, International Trade Law Division, Office of Legal Affairs, United Nations; Former Secretary General, UNIDROIT
  1. General Synthesis and Future Perspectives
    Hans van Loon, Former Secretary General, HCCH

 

 

Download poster as a PDF Document.

 

HCCH Monthly Update: January 2023

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Conventions & Instruments

On 1 December 2022, the 2007 Maintenance Obligations Protocol entered into force for Ukraine. At present, 31 States and the European Union are bound by the Protocol. More information is available here.

On 7 December 2022, the 1961 Apostille Convention entered into force for Saudi Arabia. The Convention currently has 124 Contracting Parties. More information is available here.

On 1 January 2023, the 1980 Child Abduction Convention entered into force for Cabo Verde. The Convention currently has 103 Contracting Parties. More information is available here.

On 19 January 2023, El Salvador deposited its instrument of accession to the 1970 Evidence Convention. The Convention, which currently has 65 Contracting Parties, will enter into force for El Salvador on 20 March 2023. More information is available here.

 

Publications & Documentation

On 20 December 2022, the Permanent Bureau published the Practitioners’ Tool: Cross-Border Recognition and Enforcement of Agreements Reached in the Course of Family Matters Involving Children. More information is available here.

On 18 January 2023, the Permanent Bureau published the second edition of the Practical Handbook on the Operation of the Apostille Convention. More information is available here.

 

Other

On 13 December 2022, the Permanent Bureau celebrated the 10th anniversary of the establishment of the HCCH Regional Office for Asia and the Pacific. More information is available here.

 

These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.

Conference in Milan on the European Account Preservation Order, 3 March 2023

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On 3 March 2023, the Catholic University of the Sacred Heart will host a conference titled The European Account Preservation Order – Six Years On. The aim is to discuss the operation of Regulation (EU) 655/2014 in light of practice and case law, six years after its provisions became applicable, in January 2017.

Presentations will be given in English and Italian, with simultaneous interpretation.

The speakers include Fernando Gascón Inchausti (Complutense University of Madrid), María Luisa Villamarín López (Complutense University of Madrid), Katharina Lugani (Heinrich Heine University, Düsseldorf), Antonio Leandro (University of Bari), Carlos Santalò Goris (Max Planck Institute, Luxembourg), Caterina Benini (Catholic University of the Sacred Heart), Elena Alina Ontanu (Tilburg University), Raffaella Muroni (Catholic University of the Sacred Heart), Elena D’Alessandro (University of Torino), and Gilles Cuniberti (University of Luxembourg).

The event will also serve as a launch event for an article-by-article commentary on the EAPO Regulation, edited by Elena D’Alessandro and Fernando Gascón Inchausti, and recently published by Edward Elgar Publishing in its Commentaries in Private International Law series. Augusto Chizzini (Catholic University of the Sacred Heart) and Luca Radicati di Brozolo (formerly of the same University, now partner at ArbLit) will discuss the commentary with the editors and the audience.

Attendance is free, but prior registration is required.

See the registration form and the full programme. For further information: pietro.franzina@unicatt.it

Book launch/webinar: Cross-border litigation in Central Europe 23 February 2023

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The Centre for Private International Law of the University of Aberdeen is organising a webinar/book launch for Csongor István Nagy (ed.), Cross-Border Litigation in Central Europe (Kluwer Law International, 2022) on 23 February 2023, 13:00 – 15:00 UK time.

Speakers: 

Prof Carmen Otero García-Castrillón, Complutense UniversityComplutense University, Madrid (Spain)

Dr Mihail Danov, University of Exeter (UK)

Prof Csongor István Nagy, University of Szeged (Hungary)

Moderator: 

Dr Michiel Poesen, University of Aberdeen (UK)

Please register and find more information here.

 

ASIL Private International Law Interest Group (PILIG) Newsletter and Commentaries on Private International Law (Vol. 5, Issue 2)

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The American Society of International Law (ASIL) Private International Law Interest Group (PILIG) has just published its most recent Newsletter and Commentaries on Private International Law (Vol. 5, Issue 2). The primary purpose of the newsletter is to communicate global news on PIL. Accordingly, the newsletter attempts to transmit information on new developments on PIL rather than provide substantive analysis, in a non-exclusive manner, to provide specific and concise information that our readers can use in their daily work. These updates on developments on PIL may include information on new laws, rules and regulations; new judicial and arbitral decisions; new treaties and conventions; new scholarly work; new conferences; proposed new pieces of legislation; and the like.

Please see find the Newsletter and Commentaries in the attachment seen above.

“Law in the Age of Modern Technologies”, 10 February 2023, University of Milan (hybrid)

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The University of Milan, on behalf of the DIGinLaw consortium (consisting of partners: the Josip Juraj Strossmayer University of Osijek, the University of Aberdeen, and the University of Zagreb – University Computing Centre (SRCE)), is organising an international conference on Law in the Age of Modern Technologies, taking place in Milan on 10 February 2023.

Digitalization strongly affects society, science, and the transfer of knowledge. While taking advantage of modern technologies, the DIGinLaw Project aims to raise awareness of digital demands in higher education and research in law and fosters the creation of digital literacy and digital competence that is needed in the law labour market. The Project aims to create an open and inclusive society of legal knowledge and to open access to the scientific areas dealing with the effects of digitalization on law and legal education.

The Conference is the culmination of scientific research on the digitalization of legal education and the digitalization of law. It provides a venue for the presentation and discussion of scientific research focusing on such and related themes. The full program of the event is available here.

The conference will be held in a hybrid format. Participation is free of charge, but registration is required.