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Two recent Private International Law Articles published by International and Comparative Law Quarterly in 2022
Two recent private international law articles were published by International and Comparative Law Quarterly:
The English Court of Appeal and German Bundesgerichtshof recently decided that Article 31(2) of the Brussels I Recast Regulation applies to asymmetric jurisdiction clauses. This article contends that while this conclusion is sound, separating the ‘clause’ into two ‘agreements’ to reach it is not. This disaggregation prevents a solution to the anomaly that Article 31(2) creates for asymmetric clauses, where a lender sues under its option and the borrower subsequently sues in the anchor court. This article proposes a solution, based on a uniform characterisation of the clause as a whole, which protects the lender’s option and mitigates the risk of parallel proceedings
TD Grant, “Arbitration, Corruption and Post-Award Control in French and English Courts”
In September 2021, the French Cour de Cassation reversed the annulment that the Paris Cour d’appel earlier had granted in regard to an arbitral award in Alexander Brothers v Alstom on grounds of corruption. This brought French courts in line with their English counterparts, at least in that one case, the latter having accepted the Alexander Brothers award as enforceable. Noteworthy beyond the welcome consistency that the recent French judgment imparts in one case, that and other recent judgments cast light on several issues in international arbitration, including the arbitrability of allegations of fraud or corruption, the relevance of evidence of corruption ‘downstream’ from a contract, and the legal effects (if any) on third parties of internal compliance regimes that enterprises adopt in response to national regulatory and enforcement actions in respect of corruption.
The International Court of Justice again on jurisdictional immunities – A webinar, 11 May 2022
Invitation by Pietro Franzina
On 29 April 2022, Germany filed an application against Italy before the International Court of Justice. Germany complains that Italy is allowing its courts to entertain claims for compensation for prejudice resulting from war crimes and crimes against humanity perpetrated between 1943 and 1945 by the Third Reich’s forces in Italy.
Recalling the ruling given by the International Court of Justice itself in 2012, in the case of the Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), Germany contends that the conduct of Italian authorities amounts to a violation of jurisdictional immunity of Germany as a sovereign State (for a more detailed account of the case, see this post on the EAPIL blog).
A webinar in English, organised by the University of Ferrara and the Catholic University of Milan, will take place on 11 May 2022, between 10.30 am and 12.30 pm, via GoogleMeet, to discuss the various issues surrounding the case.
The speakers include Giorgia Berrino (University of Modena and Reggio Emilia), Serena Forlati (University of Ferrara), Pietro Franzina (Catholic University of the Sacred Geart, Milan), Karin Oellers-Frahm (Max Planck Institute for Comparative Public Law and International Law, Heidelberg), Riccardo Pavoni (University of Siena), and Pierfrancesco Rossi (LUISS Guido Carli, Rome).
Attendance is free. See here for further details.
Second Issue of Lloyd’s Maritime and Commercial Law Quarterly
The second issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2022 was just published. It features the following case notes, articles and book review on private international law:
David Capper, Proving Dissipation in Freezing Orders
J Atmaz Al-Sibaie, Foreign Claims and Foreign Laws
P Devonshire, Clearing the Decks: The Siskina in the Privy Council
M Paterson, Finally laying The Siskina to rest? and expanding the court’s power to grant freezing injunctions
M Teo, Foreign Act of State: Comity or Certainty
A Dickinson, W(h)ither Unjust Enrichment? Border Disputes in the Conflict of Laws (Again)