Views
The saga of the Greek State bonds and their haircut: Hellas triumphans in Luxemburg. Really?
By Prof. Dr. Peter Mankowski, University of Hamburg
The Greek State financial crisis has sent waves of political turmoil throughout the Eurozone and is certainly going to continue. It has provided much enrichment for International Procedural Law, yet not for the creditors of Greek State bonds. ‘Haircut’ has become an all too familiar notion and part of the Common Book of Prayers of State bonds. Some creditors, particularly from Germany and Austria, were not content with having their hair cut involuntarily and put it to the judicial test. Greece has thrown every hurdle in their way which she could possibly muster: service, immunity, lack of international jurisdiction. The service issue was sorted out by the CJEU in Fahnenbrock (Joined Cases C-226/13 et al., ECLI:EU:C:2015:383), already back in 2015. The German BGH and the Austrian OGH took fairly different approaches, the former granting immunity to Greece because of the haircut, the latter proceeding towards examining the heads of international jurisdiction under the Brussels Ibis Regulation. Quite consequently, the OGH referred some question concerning Art. 7 (1) Brussels Ibis Regulation to the CJEU. Read more
Legal Aid Reform in the Netherlands: LASPO 2.0?
Written by Jos Hoevenaars, Erasmus University Rotterdam (postdoc researcher ERC project Building EU Civil Justice)
Early November, the Dutch Minister of Legal Protection Sander Dekker presented his plans for the overhaul of the Dutch system for subsidized legal aid. In his letter of 9 November 2018 to Parliament Dekker cites the increasing costs of subsidized legal aid over the past two decades (42% in 17 years) as one of the primary reasons underlying the need for reform. Read more
Policy discussions on ADR/ODR in France: towards greater regulation for the Legaltech?
Current policy discussions on ADR/ODR in France: towards greater regulation for the Legaltech?
By Alexandre Biard, Erasmus University Rotterdam (postdoc researcher ERC project Building EU Civil Justice)
In April 2018, the French government published a new draft legislation aimed at reforming and modernizing the French Justice system (Projet de loi de programmation 2018-2022 et de réforme pour la Justice). Among other things, the proposal is likely to trigger some significant changes in the French ADR/ODR landscape, and may have important consequences for the future development of the legaltech. The proposal is currently discussed before the French Parliament and Senate. The following elements should be noted: Read more
News
Conference Report: Global Law and Sustainable Development; Medellín, Colombia. 26-27 April, 2023
(authored by Verónica Ruiz Abou-Nigm)
Global Law and Sustainable Development. Conference Report.
On 26-27 April 2023 at the University of Medellín, Colombia, private international law scholars organised and hosted a conference that pushed the boundaries of the discipline and engaged with interdisciplinary and comparative perspectives around the theme of Global law and Sustainable Development. The conference, in Spanish, was organised by the University of Medellín and the Antioquian Institute of Private International Law (IADIP), and supported by D.E.C. Consultores, Edinburgh Law School, the Centre for C
Seminar Report on Personal identity and status continuity – a focus on name and gender in the conflict of laws
Written by Thalia Kruger (University of Antwerp) and Laura Carpaneto (University of Genoa)
On 1 June 2023 the European Law Institute (ELI) and the Swiss Institute of Comparative Law (SICL) held the third session of a conference on personal identity and status continuity. The focus of this third session was on names and gender in the conflict of laws. The programme included recent amendments to Swiss legislation, the portability and recognition of names, and new gender statuses in private international law.
AMEDIP: Annual seminar to take place from 8 to 10 November 2023 (in Spanish)
The Mexican Academy of Private International and Comparative Law (AMEDIP) will be holding its annual XLVI Seminar entitled “Private International Law and the National Code of Civil Procedure. A critical analysis” (el Derecho Internacional Privado y el Código Nacional de Procedimientos Civiles. Un análisis crítico) from 8 to 10 November 2023. The venue of the seminar will be the Hotel Posada Señorial in Puebla, Mexico (and also online).
The main objective of this seminar will be to analyse the recently adopted Mexican National Code of Civil and Family Procedure (we previously posted about this development here), as well as the interrelationship between the new technologies and Private International Law.
Potential speakers are invited to submit a paper in Spanish, English or Portuguese by 31 August 2023. Papers must comply with the criteria established by AMEDIP and will be evaluated accordingly. Selected speakers will be required to give their presentations preferably in Spanish as there will be no interpretation services but some exceptions may be made by the organisers upon request for presentations in English and Portuguese.
There is a fee for participation both in person and online. For more information (incl. prices, hotel, venue etc.), click here.