UK has signed the 2019 Judgments Convention

/in /by

On 12 January 2024, the United Kingdom has signed the 2019 Judgments Convention (Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters), as announced in the press release of the Hague Conference on Private International Law.

This a milestone within the coming about of the worldwide framework for recognition and enforcement of foreign judgments and a welcome addition to the post-Brexit legal landscape.

A milestone for the Apostille Convention: today it enters into force for Canada

/in /by

On 11 January 2024, the Apostille Convention entered into force for Canada. The accession of Canada to the Apostille Convention on 12 May 2023 was a milestone for the Apostille Convention and it is perhaps a development that has gone under the radar.

Considering that the Apostille Convention was adopted in 1961 (EIF: 24-I-1965), one may wonder why Canada took so long to join the Apostille Convention. This is primarily because there is no statutory requirement for the legalisation of incoming public documents in Canada. In its response to the 2021 Questionnaire, Canada indicated:

Read more

Circulation of Personal Status – International symposium, January 19, 2024

/2 Comments/in /by

An international symposium on the circulation of personal status be held on January 19, 2024 at the Italian Court of Cassation.

The symposium is organized by the Société de législation comparée (Section méthodologie comparée du droit civil), the Associazione Civilisti Italiani, the International Commission on Civil Status in collaboration with the Law Faculty of the Université Côte d’Azur.

Read more

Van Den Eeckhout on CJEU case law in PIL matters – Follow up and a recently published paper

/in /by

Veerle Van Den Eeckhout (working at the CJEU) has published a short article on recent CJEU case law in Private International Law matters.

The paper is entitled “CJEU case law. A few observations on recent CJEU case law.” It has been published as a contribution to the fifth volume in the series of the Dialog Internationales Familienrecht. The article sets the scene and contextualizes the findings detailed in the presentation given by the author on April 29, 2023 at the Dialog Internationales Familienrecht 2023 at the University of Münster. See also previously here on the presentation.

In essence, while presenting case law of the CJEU in PIL matters, the Author explored selected methodological aspects of reasoning employed by the Court of Justice, including deductive arguments and those aiming to ensure “consistency” within the whole system.

Read more

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)

/3 Comments/in /by

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).

Read more

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

/in /by

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.

Read more

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”

/in /by

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”.

Read more

Private International Law and Business Compliance in Asia Pacific Conference

/in /by
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

Read more

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

/in /by

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”

/in /by

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