Conference at the University of Milan: EU Private International Law: a Look into the Future 50 Years after the Entry into Force of the 1968 Brussels Convention

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Michele Grassi (University of Milan) has kindly shared the following announcement with us:

The Department of Italian and Supranational Public Law of the University of Milan will host, on September 14 and 15, a conference on “EU Private International Law: a Look into the Future 50 Years after the Entry into Force of the 1968 Brussels Convention”, in cooperation with the European Group for Private International Law. The event is co-founded by the Erasmus+ Programme of the EU (Jean Monnet Module on Family and Succession Law Matters in EU Private International Law and Jean Monnet Module on EU Private International Law Rules on Obligations in a Digitalised World).

The conference will consider the relationship of EU PIL acts with third States and the new perspectives and gaps to fill in the EU judicial cooperation in civil matters. Speakers and chairs of the panels include: Fausto Pocar (University of Milan, Emeritus), Hans van Loon (former Secretary-General of the HCCH), Pietro Franzina (Catholic University of the Sacred Heart, Milan), Christian Kohler (University of Saarland, Emeritus) Zeno Crespi Reghizzi (University of Milan), Patrick Kinsch (University of Luxembourg), Etienne Pataut (University of Paris 1 Panthéon-Sorbonne), Cristina González Beilfuss (University of Barcelona), Luigi Fumagalli (University of Milan), Andrea Bonomi (University of Lausanne), Francesca Villata (University of Milan), Támas Szabados (University of Budapest), Stefania Bariatti (University of Milan), Andreas Stein (EU Commission).

Participation is free of charge, but you are kindly asked to register at the following link: https://forms.office.com/e/SYhcX0pi1e

The flyer can be found here; for further information, feel free to contact michele.grassi@unimi.it.

Out Now: “Turning away from Multilateralism – International Law in Danger?” (Proceedings of the German Society of International Law, Issue 51)

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Recently, the  German Society of International Law (DGIR) has published the proceedings of its 37 Biennial Conference held in Heidelberg from 9 to 11 March 2022.  The volume is devoted to the – very timely – topic of “Turning away from Multilateralism – International Law in Danger?” and contains five contributions (in German) explicitly discussing issues related to Private International Law:

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New Article published in the Journal of Comparative Law in Africa

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A new private international law article was recently published online in the Journal of Comparative Law in Africa. The title is: MK Quartey & TE Coleman, “The Law Applicable to Tortious Liability: A Comparative Analysis of Article 4 of the Rome II Regulation and Private International Law in Ghana”

The abstract reads as follows:

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AMEDIP’s upcoming webinar: The Applicable Law to Investment Arbitration and the Future Guide of the Organization of American States – 31 August 2023 (at 14:30 Mexico City time) (in Spanish)

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The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 31 August 2023 at 14:30 (Mexico City time – CST), 22:30 (CEST time). The topic of the webinar is the Applicable Law to Investment Arbitration and the Future Guide of the Organization of American States (OAS) and will be presented by Dr. José Antonio Moreno Rodríguez (in Spanish).

The details of the webinar are:

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Inter-American Juridical Committee (CJI) of the OAS adopts Guide to Best Practices in International Jurisdictional Cooperation for the Americas

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Earlier this month, the Inter-American Juridical Committee of the Organization of American States (OAS) adopted a Guide to Best Practices in International Jurisdictional Cooperation for the Americas. It is available here (in English) and here (in Spanish).

See in particular questions 5 and 7, which relate to electronic service and videoconferencing (pp. 18 and 26). The actual Guide begins on page 38.

Out Now: The Common Law Jurisprudence of the Conflict of Laws

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Few books can get you from the rainy coast of Newfoundland over 19th-century Holstein straight to sunny Queensland and back to the North of Pennsylvania, while telling stories of a retired MI5 agent, the largest Ponzi scheme in history, a company founded by the 41st President of the United States, the aftermath of the First Gulf War, and the collapse of the Federal Bank of Australia. The volume on The Common Law Jurisprudence of the Conflict of Laws, edited by Sarah McKibbin (University of Southern Queensland) and Anthony Kennedy (Serle Court), recently published by Hart, does just that, by discussing cases like Vita Food Products, Brook v Brook, Bonython v Commonwealth of Australia, AG v Heinemann Publishers (better known as the Australian Spycatcher case), Bremen v Zapata, Vizcaya v Picard, and Kuwait Airways (Nos 4 and 5).

 

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New Article in Uniform Law Review

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Today, the Uniform Law Review published a private international law article titled: CSA Okoli, “The Significance of a Forum Selection Agreement as an Indicator of the Implied Choice of Law in International Contracts: A Global Comparative Perspective”. 

The abstract reads as follows:

Where the parties to an international contract fail to specify the choice of law, a forum selection agreement is one of the most, if not the most, significant factors to consider in implying the choice of law in many international, supranational, regional instruments, and national jurisdictions. However, it is an ill-defined, notoriously complex, and hotly debated issue as to the weight that should be attached to a forum selection agreement in implying the choice of law. Hence, this article is devoted to discussing this topic from a comparative perspective, in order to propose a guide to global uniform criteria. To achieve this, the article covers all relevant international, regional, and supranational instruments, and selected legal systems in Africa, Asia, Australasia, Europe, the Middle East, and North and South America. The legal systems compared include those from the global North and global South, including common law, civil law, and mixed legal systems. The article’s core proposal is that an exclusive forum selection agreement should be a key factor in implying the choice of law. However, except in such cases as where a forum is chosen on a neutral basis, there should be a general requirement of corroboration with at least one other factor of significance. The aim of the proposal is to contribute to greater uniformity, predictability, and certainty in the global community in this field of law.

 

 

August 2023 Update: List of China’s Cases on Recognition of Foreign Judgments

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Written by Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer*

On 20 August 2023, China Justice Observer released the 2023 version of List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 98 cases involving China and 25 foreign States and regions. (Note: Foreign divorce judgments are excluded in the Case List.)

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Diccionario digital de Derecho Internacional Privado in open access

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Diccionario digital de Derecho Internacional Privado contains no less than 1522 pages in the Spanish language dedicated to analysis of crucial notions in private international law. Each notion is explained in length and accompanies with bibliographic references.

This electronic publication is edited by Jorge Luis Collantes González and features contributions by many private international law authors. It may be downloaded free of charge here.

New Book: “Commercial Conflict of Laws” by Yeo Tiong Min

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Professor Yeo Tiong Min (Singapore Management University – Yong Pung How School of Law) has recently published a seminal book entitled “Commercial Conflict of Laws” (Academy Publishing, 2023).

 

 

The book aims to introduce readers to “the concept, principles and techniques of the common law of Singapore in dealing with problems in the conflict of laws, with an emphasis on cross-border commercial transactions” (p. v). The book consists of 14 chapters dealing with the core issues of private international law (conflict of laws), i.e. international jurisdiction (Chapters 2 to 7), foreign judgments (Chapters 8 to 10) and choice of law (Chapters 11 to 14).

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