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Service of Process abroad: Lost in Translation
Written by Benedikt Windau
Benedikt Windau, Judge at the Oldenburg District Court (Landgericht Oldenburg), runs a very interesting blog (in German), focusing on German Civil Procedure. In one of his recent postings, he presented a very interesting judgment of the Frankfurt CoA, related to the Service Regulation. Upon my request, he prepared an English version of his post for our blog.
A recent ruling of the Frankfurt Court of Appeals (Docket No. 13 U 210/17) will potentially shake up the (German) law of cross-border service quite a bit, as it imposes new, hence unknown obligations on the plaintiff – and its legal counsel accordingly. Read more
First impressions from Kirchberg on the EAPO Regulation – Opinion of AG Szpunar in Case C-555/18
Written by Carlos Santaló Goris
Carlos Santaló Goris is a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. candidate at the University of Luxembourg. He offers a summary and an analysis of AG Spuznar’s Opinion on the Case C-555/18, K.H.K. v. B.A.C., E.E.K.
I. Introduction
Less than three years after Regulation 655/2014 establishing a European Account Preservation Order (“the EAPO Regulation”) entered into force, the Court of Justice of the European Union (“CJEU”) released its first Opinion on this instrument. This regulation established a uniform provisional measure at the European level, which permits creditors the attachment of bank accounts in cross-border pecuniary claims. In many senses, the EAPO regulation represents a huge step forward, particularly in comparison to the ex-ante scenario regarding civil provisional measures in the Area of Freedom, Security and Justice. It is no accident that in the first line of the Opinion, AG Szpunar refers to the landmark case Denilauler. Besides the concrete assessment of the preliminary reference, he found a chance in this case to broadly analyse the EAPO Regulation as such, contextualizing it within the general framework of the Brussels system. Read more
Arbitrating Corporate Law Disputes: A Comparative Analysis of Turkish, Swiss and German Law
Written by Cem Veziroglu
Cem Veziroglu, doctoral candidate at the University of Istanbul and research assistant at Koc University Law School has provided us with an abstract of his paper forthcoming in the European Company and Financial Law Review.
Arbitrating Corporate Law Disputes: A Comparative Analysis of Turkish, Swiss and German Law
The resolution of corporate law disputes by arbitration rather than litigation in national courts has been frequently favoured due to several advantages of arbitration, as well as the risks related to the lack of judicial independence, particularly in emerging markets. While the availability of arbitration appears to be a major factor influencing investment decisions, and there is a strong commercial interest in arbitrating corporate law disputes, the issue is unsurprisingly debated in respect of certain characteristics of the joint stock company as a legal entity. Hence the issue comprises a series of legal challenges related to both corporate law and arbitration law. Read more
News
Conference at the University of Milan: EU Private International Law: a Look into the Future 50 Years after the Entry into Force of the 1968 Brussels Convention
Michele Grassi (University of Milan) has kindly shared the following announcement with us:
The Department of Italian and Supranational Public Law of the University of Milan will host, on September 14 and 15, a conference on “EU Private International Law: a Look into the Future 50 Years after the Entry into Force of the 1968 Brussels Convention”, in cooperation with the European Group for Private International Law. The event is co-founded by the Erasmus+ Programme of the EU (Jean Monnet Module on Family and Succession Law Matters in EU Private International Law and Jean Monnet Module on EU Private International Law Rules on Obligations in a Digitalised World).
The conference will consider the relationship of EU PIL acts with third States and the new perspectives and gaps to fill in the EU judicial cooperation in civil matters. Speakers and chairs of the panels include: Fausto Pocar (University of Milan, Emeritus), Hans van Loon (former Secretary-General of the HCCH), Pietro Franzina (Catholic University of the Sacred Heart, Milan), Christian Kohler (University of Saarland, Emeritus) Zeno Crespi Reghizzi (University of Milan), Patrick Kinsch (University of Luxembourg), Etienne Pataut (University of Paris 1 Panthéon-Sorbonne), Cristina González Beilfuss (University of Barcelona), Luigi Fumagalli (University of Milan), Andrea Bonomi (University of Lausanne), Francesca Villata (University of Milan), Támas Szabados (University of Budapest), Stefania Bariatti (University of Milan), Andreas Stein (EU Commission).
Participation is free of charge, but you are kindly asked to register at the following link: https://forms.office.com/e/SYhcX0pi1e
The flyer can be found here; for further information, feel free to contact michele.grassi@unimi.it.
Out Now: “Turning away from Multilateralism – International Law in Danger?” (Proceedings of the German Society of International Law, Issue 51)
Recently, the German Society of International Law (DGIR) has published the proceedings of its 37 Biennial Conference held in Heidelberg from 9 to 11 March 2022. The volume is devoted to the – very timely – topic of “Turning away from Multilateralism – International Law in Danger?” and contains five contributions (in German) explicitly discussing issues related to Private International Law:
New Article published in the Journal of Comparative Law in Africa
A new private international law article was recently published online in the Journal of Comparative Law in Africa. The title is: MK Quartey & TE Coleman, “The Law Applicable to Tortious Liability: A Comparative Analysis of Article 4 of the Rome II Regulation and Private International Law in Ghana”
The abstract reads as follows: