image_pdfimage_print

Views

Grounds for Refusal of Recognition of (Quasi-) Annex Judgements in the Recast European Insolvency Regulation

Written by Zoltán Fabók, Fellow of INSOL International, Counsel at DLA Piper (Hungary) and PhD Candidate at Nottingham Trent University

Insolvency-related (annex) actions and judgements fall within the scope of the Recast European Insolvency Regulation (‘Recast EIR’). That instrument both determines international jurisdiction regarding annex actions and sets up a simplified recognition system for annex judgements. However, tension between the Recast EIR’s provisions on jurisdiction and recognition arises when a court of a state different from the state of insolvency erroneously assumes jurisdiction for annex actions. Such ‘quasi-annex’ judgements rendered by foreign courts erroneously assuming jurisdiction threaten the integrity of the insolvency proceedings. Besides, the quasi-annex judgements may violate the effectiveness and efficiency of the insolvency proceedings as well as the principle of legal certainty.

Egyptian Court of Cassation on the application of the Hague Service Convention

[The author wishes to thank Justice Hossam Hesham Sadek, Vice President of the Civil and Commercial Chamber of the Court of Cassation, and reporting judge in the case at hand, for granting access to the Supreme Court’s ruling].

1.  Introduction

In a recent ruling (22/05/2017), the Egyptian Court of Cassation tackled with the issue of service of process abroad. The facts of the case were the following: The claimant (and appellant) was an Egyptian Medical Equipment company, situated in Cairo. The respondents and appellees were a Chinese company, with its seat in Nanshan district, Shenzen, the Egyptian General Organization for Import and Export Control, and an Egyptian company, with its seat in Heliopolis, Cairo.

2. Facts and instance ruling

The Justice Initiative Frankfurt am Main 2017

Written by Prof. Dr. Dres. h.c. Burkhard Hess, Executive Director Max Planck Institute Luxembourg for Procedural Law

Against the backdrop of Brexit, an initiative has been launched to strengthen Frankfurt as a hot spot for commercial litigation in the European Judicial Area. On March 30, 2017, the Minister of Justice of the Federal State Hessen, Ms Kühne-Hörmann, organized a conference at which the Justice Initiative was presented. More  than 120 stakeholders (lawyers, judges, businesses) attended the conference. The original paper was elaborated by Professors Burkhard Hess (Luxembourg), Thomas Pfeiffer (Heidelberg), Christian Duve (Heidelberg) and Roman Poseck (President of the Frankfurt Court of Appeal). Here, we are pleased to provide an English translation of the position paper with some additional information on German procedural law for an international audience. The proposal has, as a matter of principle, been endorsed by the Minister of Justice. Its proposals are now being discussed and shall be implemented in the next months to come. The paper reads as follows: (more…)

News

Virtual Conference on “The Burden of Proof in International Arbitration”

On Monday, October 26, 2020 at 15.00 CET, the European Center for Arbitration and Mediation and The International School of Arbitration and Mediation for Europe, the Mediterranean and the Middle East organise their Annual International Conference Med-Mid XIV on “The Burden of Proof in International Arbitration/La charge de la preuve dans l’arbitrage international”.

The conference addresses four key issues of any international arbitration, which require a focussed and renewed reflection: 1) Oral Evidence: Fact Witnesses, Expert Witnesses, Parties and Witness Statement (Civil Law and Common Law approaches); 2) The applicable Law on matters such as the effects of the procedural law (Civil Law and Common Law approaches) on the taking of evidence; 3) Disclosure of documents: effects of only voluntary production of documents v. forced discovery; 4) The Arbitrator’s authority as to evidence (Role as Umpire; wider ex officio authority as to evidence) as well as limits and support from State Courts.

The Hague Academy of International Law 2021 Online Winter Courses

Registration for the 2021 Online Winter Courses will open on October 8th, 2020 at 0:00 hrs. The Hague Time (GMT +1).

Due to the COVID-19 pandemic, and for the first time in the Academy’s almost century-old history, a session of courses will be held exclusively online, that of winter 2021. The programme of the Winter Courses will take place as originally scheduled, from 11 to 29 January 2021. The Academy will offer registered attendees the opportunity to follow the courses in webinar format through the Zoom software application.

Programme:

Inaugural Lecture: A House of Many Rooms: The Rise, Fall and Rise Again of Territorial Sovereignty? Malcolm N. SHAW QC, Emeritus Sir Robert Jennings Professor at the University of Leicester

Extraterritorial Effect of the Hong Kong National Security Law

Professor Sophia Tang, Wuhan University (China) and Newcastle University (UK) will give a virtual seminar in the Durham University China Law Centre. The topic is “Extraterritorial Effect of the Hong Kong National Security Law”.

Webinar: Extraterritorial Effect of the Hong Kong National Security Law 
Speaker:Prof Zheng TANG
Time:13:00 p.m. Tuesday, October 13 
 
Zoom: https://durhamuniversity.zoom.us/j/96430562639?pwd=NS9lTGlxN3U2T2dzWWIwckJodGFRQT09
Meeting ID: 964 3056 2639
Passcode:131767

Abstract: