Out Now: Interim Measures in Cross-Border Civil and Commercial Disputes

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A new volume by Deyan Draguiev on Interim Measures in Cross-Border Civil and Commercial Disputes, based on his PhD thesis supervised by Peter Mankowski, has just been published with Springer.

Book cover

The blurb reads as follows:

The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief.

Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

Book launch: Brooke Marshall, ‘Asymmetric Jurisdiction Clauses’

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On behalf of our former editor Brooke Marshall, we are happy to share the invitation to the UNSW Law & Justice Book Forum, which will host the launch of her book on Asymmetric Jurisdiction Clauses.

The event will feature the following speakers:

  • Professor Mary Keyes, Director of the Law Futures Centre; Professor, Griffith Law School, Griffith University
  • Professor Caroline Kleiner, Professor, Centre for Business Law and Management (CEDAG), Faculty of Law, Université Paris Cité, Paris, France
  • Chaired by Professor Justine Nolan, Director, Australian Human Rights Institute; Professor, UNSW Faculty of Law & Justice

It will take place in a hybrid setting on Wednesday, 5 July, at 4:30pm AEST = 8:30am CEST = 7:30am BST. You may register using this link.

XVI Conference of the American Association of Private International Law

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XVI CONFERENCE OF THE AMERICAN ASSOCIATION OF PRIVATE INTERNATIONAL LAW – ASADIP

The American Association of Private International Law – ASADIP is pleased to announce that the registrations for its annual event are now open. The XVI ASADIP Conferences: “Private international law between the innovation and the disruption” will take place on August 10-11, 2023 in the city of Rio de Janeiro, at the premises of PUC Rio and University of State of Rio de Janeiro – Uerj.

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PhD positions at Humboldt University of Berlin

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Professor Dr. Giesela Rühl, LL.M. (Berkeley) is currently seeking to fill three PhD positions at her Chair at Humboldt University of Berlin ( https://www.rewi.hu-berlin.de/en/lf/ls/rhl/index.html).

The successful candidate should have a keen interest in issue of private international law, international civil procedure and/or civil procedure (including access to justice and digital justice). Since the positions come with teaching obligations, knowledge of the German language (and German law) is required.

The official call for applications will be out soon. In the meanwhile if you are interested (or have any questions) please do not hesitate to get in touch: sekretariat.ruehl.rewi@hu-berlin.de.

DEADLINE EXTENDED-Call for submissions: 2023 Nygh and Brennan Essay Prizes – ILA Australian Branch

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Written by Phoebe Winch, Secretary of International Law Association (ILA) Australian Branch.

 

The Australian Branch is now calling for submissions for the 2023 Brennan Essay Prize in Public International Law and the Nygh Essay Prize in Private International Law.

The prizes are awarded for essays that demonstrate outstanding scholarship and make a distinct contribution to the field of public international law and private international law (conflict of laws), respectively. Essays for the prize to be awarded in 2023 should be sent to the email address of the Secretary of the Australian Branch at secretary@ila.org.au.

Further details (including conditions of entry) are available here. The extended deadline for submission is: 5 August 2023.

The results will be made available on the website of the ILA (www.ila.org.au) on approximately 31 August 2023. Winners will be notified by email. 

Upcoming Event: International Symposium (hybrid format) on International Arbitration and Mediation in Japan

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The Ministry of Justice of Japan (MOJ), Civil Affairs Bureau, in cooperation with the Japan Commercial Arbitration Association (JCAA) and supported by CIArb East Asia Branch, Japan Association of Arbitration (JAA), Japan International Dispute Resolution Center (JIDRC), is organizing an international symposium (hybrid format) on the “Future Prospects of International Arbitration and Mediation: How does the Judiciary Assist?”.

This event could not have been more timely as the House of Councillors (the upper house of the Japanese Diet) unanimously passed and enacted into law on 21 April of this year the amendments to the Arbitration Act and the “Act for the Implementation of Settlement Agreements Resulting from Mediation” (the “Singapore Mediation Convention Implementation Act”). These enactments aim to promote international arbitration and mediation in Japan and to make Japan an attractive hub for international dispute resolution in competition with other leading centers in the region.

 

Date, Venue & Formats:

July 7 (Fri.), 2023, 9am-12:30 pm (JST)

Hotel New Otani Tokyo?ONSITE / Online?

Language: English

English-Japanese consecutive interpretation available

Program (see link below):

Keynote Speeches

Panel Sessions

Registration: free

Sign up on the Official Website of the Forums

by 6pm, JUNE 26 (Mon.) for ONSITE participation,

by noon, JULY 3 (Mon.) for Online participation

 

Details of registration and the program can be found here.

Lancaster Workshop on Challenges in Contemporary International Litigation – 21 June 2023

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The University of Lancaster has organised a workshop on Challenges in Contemporary International Litigation on Wednesday, 21 June 2023, 12.30 – 5 pm UK time (in person and online via Teams). Some well established and emerging experts will discuss cutting edge issues of practical significance in private international law (broadly understood).

The programme for the workshop is as follows:

12.30 pm

Welcome remarks by Dr Mukarrum Ahmed and Professor David Milman (Co-chairs – University of Lancaster)

Professor Paul Beaumont FRSE (University of Stirling), ‘HCCH Jurisdiction Project’

Professor Paul Torremans (University of Nottingham), ‘CJEU case law on Article 7.2 Brussels I Regulation and its application to online copyright cases’

Dr Kirsty Hood KC (Discussant)

1.45 pm – 3.00 pm

Professor Zheng Sophia Tang (Wuhan University), ‘The challenge of emerging technology to International litigation’

Professor Veronica Ruiz Abou-Nigm (University of Edinburgh), ‘Sustainability and Private International Law’

Dr Mihail Danov (University of Exeter), ‘Private International Law and Competition Litigation in a Global Context’

3.00 pm – 3.15 pm Break

3.15 pm – 5.00 pm

Dr Jayne Holliday (University of Stirling), ‘The non-recognition of transnational divorces’

Dr Chukwuma Okoli (University of Birmingham), ‘Implied Jurisdiction Agreement in International Commercial Contracts’

Dr Michiel Poesen (University of Aberdeen), ‘The interaction between UK private international law and liability arising out of the use of artificial intelligence’

Mr Denis Carey (University of Lancaster), ‘The Consultation on the Reform of the Arbitration Act 1996’

The workshop is free to attend, but registration is required via email. A Teams link will be provided for remote attendees.

Friendly reminder: Lecture on Private International Law and Voices of Children, organized in cooperation with ConflictofLaws.net

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This is a friendly reminder to our co-organised event on next Thursday, free admissions can be registered here.

Online event

When making decisions, adults should think about how their decisions will affect children. Recent years have witnessed, in private international law cases and legislation, the protection of children is increasingly mingled with gender, indigenous issues, refugees, violence, war, surrogacy technology, etc. This is evidenced by the US Supreme Court 2022 judgment Golan v. Saada, the Australian case Secretary, Department of Communities & Justice v Bamfield, the 2023 German Constitutional Court decision, the Chinese Civil Code, the Australia Family Law (Child Abduction Convention) Amendment (Family Violence) Regulations 2022, and developments at the Hague Conference on Private International Law (HCCH Children Conventions) and the United Nations (Convention on the Rights of the Child and its additional Protocols).

On this International Children’s Day, let us join this CAPLUS webinar in cooperation with conflictoflaws.net and American Society of International Law Private International Law Interest Group to hear voices of children in private international law.

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