Job Opportunity – Postdoctorand in Transnational Family Law (Swiss Institute of Comparative Law)

The Swiss Institute of Comparative Law (Lausanne) is looking for a Postdoctorand in transnational family law (80%).

The announcement can be found here.

The position will be integrated in the SICL’s team of international lawyers and researchers and be part of a project funded by the Swiss National Science Foundation on applicable law, jurisdiction, recognition and international cooperation in the field of filiation with foreign elements.

The aim is to respond to the new legal requirements created by the use of innovative methods of assisted reproductive techniques (ART) and new forms of surrogate motherhood.

Book launch: Family reunification in Europe on 19 September 2024 (hybrid event)

A book launch for Family reunification in Europe: Exposing inequalities will take place on 19 September 2024 at the University of Antwerp and online (at 11:15 am CEST time).

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13th International Forum on the electronic Apostille Programme (e-APP)

The Hague Conference on Private International Law (HCCH) will be hosting the 13th International Forum on the electronic Apostille Programme (e-APP) together the Ministry of Justice of Kazakhstan and the Maqsut Narikbayev University on 21 and 22 October 2024 in Astana, Kazakhstan.

The full announcement reads as follows:

The e-APP is an integral part of the operation of the HCCH 1961 Apostille Convention. The e-APP is designed to ensure the practical, effective and secure operation of the Apostille Convention in an environment of constant technological development.

The International Forum on the e-APP gathers experts and stakeholders from around the world and provides a unique international platform for governments, organisations, and the private sector to learn more about the benefits of the e-APP, to promote its effective implementation, and to discuss the latest developments in relation to the e-APP worldwide.

The e-APP Forum will be held for the first time in Central Asia and will be jointly organized by the HCCH, the Ministry of Justice of Kazakhstan, and the Maqsut Narikbayev University. Participants are encouraged to attend this event in person, if possible.

Registration is possible here.

 

Blog Post Series on Perspectives on Law in a Transnational Context by the Aberdeen Centre for Private International Law & Transnational Governance

The Centre for Private International Law and Transnational Governance at the University of Aberdeen published several blog posts on Perspectives on Law in a Transnational Context. The blog post series explores the transnational tendencies in applying laws and rules of law and critically assesses their purpose from different legal and ethical perspectives. Read more

PAX Moot Half-Day Conference Blog Post Series by the Aberdeen Centre for Private International Law & Transnational Governance

The Centre for Private International Law at the University of Aberdeen published its newest blog post series in early August. This series is based on the keynote speeches and panel discussions from the 2024 PAX Moot Half Day Conference, held on 26 April 2024 in Ljubljana. The insightful event was co-organised by the Centre for Private International Law of the University of Aberdeen, the Faculty of Law of the University of Ljubljana, and the PAX Moot Project, co-funded by the European Commission.

The conference, titled ‘Private International Law in Dispute Resolution,’ brought together leading experts to explore the evolving landscape of private international law and its role in resolving cross-border disputes. Throughout the series, the speakers reflected on their key themes and the discussions that emerged from the event, providing practical insights that can be applied in real-world scenarios.

The first post brings you Professor Ronald Brand’s opening keynote speech on drafting choice of court and arbitration agreements, exploring private international law points from a transaction planning perspective.

The second post, Business and Human Rights Litigation and Private International Law, highlights findings shared by panellists on sustainability and private international law, and human-rights-related torts in the private international law of the European Union.

The third post, The Law Applicable to the Arbitration Agreement, will deliver on the legal complexities and considerations in determining the applicable law for arbitration agreements, especially in light of the latest amendments to the 1996 English Arbitration Act.

Finally, the fourth post provides a new perspective on the impact of globalisation on private international law, arguing that the so-called neutrality of private international law is becoming a fiction embedded in a very specific liberal and Eurocentric worldview.

Book Launches for Research Methods in International Private Law

Following the publication of the book Research Methods in Private International Law: A Handbook on Regulation, Research and Teaching (Elgar, 2024), edited by Xandra Kramer and Laura Carballo Piñeiro (see our earlier news item), we are organising two launch events.

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Cut, Paste, and Overruled! SICC Voids Retired Indian Judge’s Award for Arbitrator I?m?Partiality

Written by Tarasha Gupta and Akshath Indusekhar, Jindal Global Law School, OP Jindal Global University, Sonipat, India

Recently, the Singapore International Commercial Court (“SICC”) in DJO v. DJP & Others set aside an award authored by retired Indian judges that it deemed to have copied and pasted portions of another arbitral award. The SICC reasoned its decision on the basis that the copy and pasting reflected the arbitrators’ partiality and their being influenced by arguments extraneous to the arbitration at hand. This article unravels the rationale for the SICC’s judgement in this peculiar case and explores its implications on international commercial arbitration for seat courts across jurisdictions worldwide.

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Second Issue of the Journal of Private International Law for 2024

The second issue of the Journal of Private International Law for 2024 has just been published. It contains the following articles:

Reid Mortensen & Kathy Reeves, The common law marriage in Australian private international law

The common law marriage is a curiosity in the private international law of marriage in the Commonwealth and Ireland. In some cases, a marriage that is invalid under the law of the place where it was solemnised (lex loci celebrationis) may nevertheless be recognised as valid if it meets the requirements of a common law marriage. These originate in the English canon law as it stood in the eighteenth century and include the central requirement of the parties’ present declaration that they are married. The parties also had to meet the essentials of a Christian marriage as described in Hyde v Hyde (1866): “a voluntary union for life of one man and one woman to the exclusion of all others”. Read more

Review of Afifah Kusumadara, Indonesian Private International Law, Oxford: Hart Publishing, 2021, 288 pp, hb $140

Indonesian Private International Law cover

After reading and reviewing a thought-provoking book on the choice of law in international commercial contracts in Indonesia last year, I decided to delve further into the subject by picking up a book on Indonesian private international law. The book, titled Indonesian Private International Law, is part of the prestigious Hart series on Private International Law in Asia. Authored by Dr. Afifah Kusumadara, with contributions from a team of Indonesian scholars (hereafter referred to as “the authors”), this work was published during the COVID-19 pandemic. Spanning 226 pages across six chapters, the book aims to be the leading English-language text on private international law in Indonesia. This review provides an overview of its content.

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Review of Kazuaki Nishioka, Treatment of Foreign Law in Asia, Oxford: Hart Publishing, 2023, 327 pp, hb £117

 

Treatment of Foreign Law in Asia cover

 

It is a great pleasure to review the book titled Treatment of Foreign Law in Asia, edited by Kazuaki Nishioka. This volume contains 17 chapters, including an introduction and conclusion, spanning 298 pages (excluding the series editor’s preface, table of contents, bibliography and index). The book examines 15 Asian jurisdictions, representing a variety of legal systems, including civil law (China, Taiwan, Japan, South Korea, Vietnam, Cambodia, Indonesia, and Thailand), common law (Hong Kong, Singapore, Malaysia, Myanmar, and India), and mixed jurisdictions (Philippines and Sri Lanka). Read more