Views
Paris, the Jurisdiction of Choice?
On January 17th, the President of the Paris Commercial Court (Tribunal de commerce) inaugurated a new international division.
The new division, which is in fact the 3rd division of the court (3ème Chambre), is to be staffed with nine judges who speak foreign languages, and will therefore be able to assess evidence written in a foreign language. For now, the languages will be English, German and Spanish, as one juge speaking Spanish and two speaking German are currently on the court.
In an interview to the Fondation de droit continental (Civil law initiative), the President of the Court explained that the point was to make French justice more competitive and attract international cases. It also made clear that France was following Germany’s lead, where several international divisions were established in 2009 in Hamburg and Cologne.
French Commercial Courts
It should be pointed out to readers unfamiliar with the French legal system that French commercial courts are not staffed with professional judges, but with members of the business community working part-time at the court (and for free). In Paris, however, many of these judges work in the legal department of their company, and are thus fine lawyers.
Also, French commercial courts (and French civil courts generally) virtually never hear witnesses, so the issue of the language in which they may address the court does not arise.
Some issues
So, the new international division will be able to read documents in several foreign languages. However, nothing suggests that parties or lawyers will be able either to speak, or to write pleadings, in any other language than French. Lawyers arguing these cases will still need to file their pleadings in French, and thus to translate them in English beforehand for their clients. Furthermore, the interview of the Court’s President seems to suggest that using a foreign language will not be a right for the parties. Quite to the contrary, it seems that it will not be possible if one of the parties disagrees, and demands documents be translated in French.
Will that be enough to attract additional commercial cases to Paris?
I wonder whether introducing class actions in French civil procedure would have been more efficient in this respect.
For the full interview of the Court’s President, see after the jump.
News
Repatriating Cultural Heritage: Conflict of Laws, Archaeology, and Indigenous Studies
From the intersection of conflict of laws, archaeology, and indigenous studies, this multidisciplinary webinar will explore legal and practical challenges and solutions in repatriating cultural heritage in Australia, China, the EU, and the USA.
Examples include an Australian repatriation project with the Anindilyakwa Land Council and Traditional Owners on Groote Eylandt, the world-wide Return of Cultural Heritage (RoCH) program established by the Australian Institute of Aboriginal and Torres Strait Islander Studies, legal battles in repatriating the Chinese statue of Zh?ng G?ng Z? Sh? (a budda statue with a mummy inside), sovereign immunity issues in recovery of World War II-era stolen art and other heritage, and participation of local communities in protecting and repatriating cultural heritage.
Speakers (listed in the surname alphabetic order):
- Dr. Evelien Campfens, member of the International Law Association Cultural Heritage Law Committee based at Leiden University, the Netherlands, and former director to the Dutch Restitutions Committee for Nazi looted art
- Professor Anne (Annie) Clarke, Chair of Archaeology Discipline and Member of Museum and Heritage Studies Program, the University of Sydney, Australia
- Professor Zheng Xin Huo, China University of Political Science and Law, China
- Professor Charles T. Kotuby Jr., University of Pittsburgh School of Law and Honorary Professor of Law, Durham Law School, the USA and UK
- Mr. Craig Ritchie, an Aboriginal man of the Dhunghutti and Biripi nations and the Chief Executive Officer at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS), Australia
Moderator:
- Associate Professor Jie (Jeanne) Huang, the University of Sydney Law School and Co-Director of Center for Asian and Pacific Law
Webinar via Zoom: Wednesday 21 September 6.00-7.15 pm (AEST)
Once registered, you will be provided with Zoom details closer to the date of the webinar.
If interested, please register here.
This webinar is jointly presented by the American Society of International Law Private International Law Interest Group, Centre for Asian and Pacific Law and the Center for International Law at the University of Sydney Law School.
Call for applications: 2023 Peter Nygh Hague Conference Internship
The Australian Institute of International Affairs (AIIA) and the Australian Branch of the ILA are pleased to present the 2022 Peter Nygh Hague Conference Internship. The award will support a postgraduate student or graduate of an Australian law school to undertake an internship with The Hague Conference on Private International Law in the Netherlands by providing funds to cover the cost of travel to the Netherlands and a contribution towards living expenses.
Applications for the 2023 Nygh Internship are now open, and will close on 30 September 2022. More information about the award and how to apply is available here, and below.
The Internship
The award will provide a postgraduate student or graduate with the opportunity to work with some of the leading private international law practitioners in the world. With over 80 members (including the European Union) representing all major regions and legal systems, The Hague Conference is a global intergovernmental organisation that aims for the ‘progressive unification’ of the various State private international law rules.
Activities of The Hague Conference are coordinated by a multinational Secretariat – the Permanent Bureau – located in The Hague. The successful intern will work for 5 to 6 months under the direction of the Secretariat, assisting with research, translation and preparation of meetings in accordance with the needs of the lawyers of the Permanent Bureau.
How to apply
Please send a letter of application addressed to the Peter Nygh Hague Conference Internship Board (nygh.internship@internationalaffairs.org.au) or to c/- Ms Nicola Nygh, Resolve Litigation Lawyers, level 18, 126 Phillip Street, Sydney NSW 2000.
The letter should include:
- the applicant’s reasons for applying for the Peter Nygh Hague Conference Internship;
- the benefits which the applicant expects are to be derived from the internship and the contribution which the applicant expects to make to the work of The Hague Conference;
- the applicant’s career ambitions and how the internship will relate to those ambitions;
- a description of the applicant’s current research, if applicable; and
- the dates when the applicant would be available to undertake the internship (Note: The applicant must be available to undertake the internship for 5 to 6 months. The preferred start date is the beginning of January 2023 and the preferred end date is the end of June 2023. The start date, and indeed whether the internship can be undertaken in 2023, may vary depending on what travel restrictions are in place at the time).
The award is for a lump sum amount, and the successful candidate will need to accept the risks and increased costs of travelling during the COVID-19 pandemic, including limited and more expensive flights (in particular into and out of Australia), government restrictions on travel, and quarantine regimes for travellers.
Please also enclose the following:
- the applicant’s up-to-date résumé;
- the applicant’s most recent academic transcript;
- two letters of reference for the applicant (including at least one academic reference), with contact details of referees;
- a copy of research work by the applicant in a field relevant to the work of The Hague Conference; and
- any other proof of the applicant’s legal and linguistic abilities and knowledge. Knowledge of French would be an asset but is not required. Knowledge of any other languages may also be an advantage.
The Hon Dr Peter Nygh AM
The Peter Nygh Hague Conference Internship has been established in memory of the late Hon Dr Peter Nygh AM, a leading international lawyer, former judge of the Family Court of Australia and former President of the ILA (Australian Branch). Dr Nygh began his 25 year association with The Hague Conference as a member of Australia’s delegation in 1975. During this time, Dr Nygh helped to draft the Convention on the Celebration and Recognition of the Validity of Marriages as well as the Convention on the Law Applicable to Matrimonial Property Regimes, work which contributed to his appointment to the Family Court of Australia. After his retirement from the bench, Dr Nygh returned to The Hague Conference and between 1994 and his death in 2002 he contributed in many ways, including serving as co-rapporteur on The Hague ‘judgments project’ from 1996 and representing Australia in the negotiations that led to the Convention on the Protection of Children. In his later years Dr Nygh spent extended periods in The Hague without remuneration or payment of his expenses, yet his work did not go unrecognised. He was awarded the Centenary Medal by the Australian Government as well as the Order of Australia, partly in recognition of his outstanding and longstanding contribution to private international law, and in particular his representation of Australia at The Hague Conference.
Unilag Law Review
The University of Lagos Law Review (“Unilag Law Review”) in its 2022 issue recently published articles on Nigerian law. One of the articles is focused on conflict of laws:
P Oladimeji, “Simplifying the Doctrine of Renvoi under Conflict of Laws”
The doctrine of Renvoi is a topic in Conflict of Laws that posits a stumbling block, more often than anticipated, to students of the academic discourse trying to understand the scope of Conflict of Laws and how the framework of this topic applies in international matters. As such, this paper is an effort by the writer to simplify the tenets of the doctrine of Renvoi, its applicability, and its suppositions as reflected by scholars of English jurisprudence who dealt extensively with the doctrine at the time of its inception in the early 20th century. The paper begins with an introduction to the doctrine of Renvoi and its meaning per Private International Law; and then proceeds to distil the doctrine further by looking at the theories concocted by early scholars of its discourse as to its functionality in law. This paper also looks at the often quoted types of Renvoi and simplifies the difference(s) between these types as much as possible. Following this, the paper analyses the challenges brought to bear by the application of Renvoi in international matters – challenges that have led to rising arguments for and against the application of the doctrine as is.