The Belgian Court of Cassation found in a judgment of 10 March 2023 (in Dutch) that the Brussels Court of Appeal was wrong to refuse the granting of a cautio iudicatum solvi against a US company, with principal seat in Colorado.

As previously reported, the cautio iudicatum solvi as stated in the Belgian Code of Civil Procedure (or Judicial Code), Article 851 was declared unconstitutional by the Belgian Constitutional Court in 2018. The Constitutional Court found that the criterion of nationality as basis for the granting of the cautio was not relevant to reach the goal pursued by the legislator, namely to ensure payment of procedural costs and possible damages if the plaintiff loses the suit. The Court called on the legislator to amend the article, but this never happened.

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The latest Volume (Vol. 65, 2022) of the Japanese Yearbook of International Law – published by the International Law Association of Japan – has been recently released. It features the following articles, case notes as well as English translation of some relevant court decisions relating to private international law.

 

GLOBALIZATION OF SOCIETY AND INTERNATIONAL FAMILY LAW IN JAPAN

Takami Hayashi, Introductory Note (p. 167)

Ryoko Yamaguchi, Interests of the Child in Child Abduction and Visitation Cases — Differences Between Japan’s Domestic and International Criteria— (p. 169)

Takami Hayashi, Transboundary Child Protection in Japan (p. 191)

HAYAKAWA Shinichiro, Japanese Perspective on Legal Issues of International Surrogacy (p. 213)

Moonsook Kim, International Adoption in Korea (p. 231)

Manabu Iwamoto, International Recovery of Maintenance in Japan (247)

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From 22 to 27 May 2023, the 2023 edition of the Milan Arbitration Week will take place, online and in presence. It encompasses a series of events dedicated to domestic, international commercial and investment arbitration, with the participation of renowned Italian and foreign experts from academia and legal profession.

 

The Milan Arbitration Week is jointly organized by Università degli Studi di Milano and the European Court of Arbitration, in collaboration with DLA Piper-Milan, Comitato Italiano dell’Arbitrato, the Centre of Research DEuTraDiS and the Erasmus + Programme of the European Union.

 

In particular, this edition will focus on the recent Italian reform of arbitration law; the mechanism of the mandatory mediation; the status quo and future perspectives of surfing on pledges in international arbitration; the umbrella clauses; the recent developments of the relationships between EU Law and investment arbitration. In addition, the MiAW, always attentive to the relationship between university education and arbitration, will host a chat with the winners of the 30th edition of the Willem C. Vis International Commercial Arbitration Moot, as well as the Frankfurt Investment Pre-Moot (Conference and hearings), organized by DLA Piper, Milan.

 

All information (including how to register) can be found at this link.

We are happy to announce the following new members of the Editorial Board:

• Prof Marlene Wethmar-Lemmer (University of South Africa, South Africa)
• Prof Béligh Elbalti (University of Osaka, Japan)
• Prof David P Stewart (Georgetown University, USA)
• Prof Du Tao (East China University of Politics and Law, China)
• Prof Wenliang Zhang (Renmin University, China)
• Prof Samuel Fulli-Lemaire (University of Strasbourg, France)
• Prof Étienne Farnoux (University of Strasbourg, France)

As announced earlier on this blog, Professor Amnon Lehavi, Harry Radzyner Law School, Reichman University, Israel, will be speaking about ‘Globalization through the re-codification of property law?”:

The globalization of markets, technology, and interpersonal networks poses a growing challenge for national legal systems. Property law is traditionally considered a “domestic” field of law, not only because of its structural features (such as the in rem or numerus clausus principles), but also because it promotes cultural, economic, and social values. The decision if property law should be globalized also requires a choice among potential globalization strategies (how to do so). This lecture examines four globalization strategies: (1) soft law / private ordering; (2) conflict of laws; (3) approximation; and (4) supranationalism. It does so by comparing three types of assets: land, digital assets, and cultural property – which have all been dramatically affected by current processes of globalization, albeit in diverging ways. It is argued that different strategies of globalization, and corresponding forms of re-codification of national property laws, should be adopted for land, digital assets, and cultural property.

The event will take place on 17 May at 6.30pm at the Senate Hall of the University of Bonn; it can also be joined via Zoom. The flyer can be found here.