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Forcing a Square Peg into a Round Hole – The Actio Pauliana and the Brussels Ia Regulation
Earlier today, the Court of Justice held that, under certain circumstances, special jurisdiction for an actio pauliana can be based on Art. 7(1) Brussels Ia (Case C-337/17 Feniks).
The actio pauliana is an instrument provided by the national laws of several EU member states that allows the creditor to challenge fraudulent acts by their debtor that have been committed to the creditor’s detriment. The ECJ already had several opportunities to decide on the availability of individual grounds of special jurisdiction for such an action, but has reliably denied their availability. In today’s decision however, the Court confirmed the availability of special jurisdiction for matters relating to contract, contrary to the proposition of AG Bobek (Opinion delivered on 21 June 2018). Read more
International commercial courts: should the EU be next? – EP study building competence in commercial law
By Erlis Themeli, Xandra Kramer, and Georgia Antonopoulou, Erasmus University Rotterdam (postdoc researcher, PI, and PhD candidate ERC project Building EU Civil Justice)
Previous posts on this blog have described the emerging international commercial and business courts in various Member States. While the primary aim is and should be improving the dispute resolution system for businesses, the establishment of these courts also points to the increase of competitive activities by certain Member States that try to attract international commercial litigation. Triggered by the need to facilitate business, prospects of financial gain, and more recently also by the supposed vacuum that Brexit will create, France, Germany, the Netherlands, and Belgium in particular have been busy establishing outlets for international commercial litigants. One of the previous posts by the present authors dedicated to these developments asked who will be next to enter the competition game started by these countries. In another post, Giesela Rühl suggested that the EU could be the next. Read more
Genocide by Expropriation – New Tendencies in US State Immunity Law for Art-Related Holocaust Litigations
On 10 July 2018, the United States Court of Appeals for the District of Columbia Circuit rendered its judgment in the matter of Alan Philipps et al. v. the Federal Republic of Germany and the Stiftung Preussischer Kulturbesitz.
This case involves a claim by heirs of Holocaust victims for restitution of the „Welfenschatz“ (Guelph Treasure), a collection of medieval relics and devotional art housed for generations in the Cathedral of Braunschweig (Brunswick), Germany. This treasure is now on display at the Kunstgewerbemuseum Berlin (Museum of Decorative Arts) which is run by the Stiftung Preussischer Kulturbesitz. The value of the treasure is estimated to amount to USD 250 million (according to the claim for damages raised in the proceedings). Read more
News
Nigeria ratifies the Singapore Convention on Mediation
On 27 November 2023, Nigeria became the thirteenth country/State to ratify the Singapore Convention on Mediation. The Convention will enter into force in Nigeria on 27 May 2024.
The Singapore Convention on Mediation facilitates international trade and promotes mediation as an alternative and effective method of resolving commercial disputes by providing an effective mechanism for the enforcement of international settlement agreements resulting from mediation.
HCCH Monthly Update: November 2023
Conventions & Instruments
On 1 November 2023, Canada deposited its instrument of ratification of, and Kyrgyzstan its instrument of accession to, the 2007 Child Support Convention. At present, 48 States and the European Union are bound by the Convention. More information is available here.
University of Geneva: Executive Training on Civil Aspects of International Child Protection (ICPT) – from December 2023 to April 2024
The Children’s Rights Academy of the University of Geneva is organising an online Executive Training on Civil Aspects of International Child Protection (ICPT) from December 2023 to April 2024. For more information, click here.
The training is divided into four modules and is being coordinated by Dr. Vito Bumbaca. There is a registration fee (for the full programme or per module). Click here to register (registration is possible until 18 January 2024).