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Registration open: German Conference for Young Scholars in Private International Law 2023

As previously announced, the 4th German Conference for Young Scholars in Private International Law will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna.

The theme of the conference is

Deference to the foreign – empty phrase or guiding principle of private international law?

Although primarily held in German, a significant amount of presentations will be offered in English, including

“The metaphor of the ‘dismal swamp’: an ecosophical approach to the conflict of laws” by Prof. Horatia Muir Wat (Keynote lecture)

“Overriding Mandatory Rules and Choice of Law Rule in Procedure: Opposite Trends?” by Shahar Giller (presentation)

“Mind the Gap – Adaptation Mechanisms in the Cross-Border Enforcement of Judgments” by Tess Bens (presentation)

“Connecting Factors: Tools or Loopholes in Achieving Deference to the Foreign” by Stefano Dominelli and Michael Cremer (short presentation)

For further information and registration, please visit the event’s homepage – the organizers kindly ask to register by 17 February 2023.

Chronology of Practice: Chinese Practice in Private International Law in 2021

Professor HE Qisheng  has published the annual report, Chronology of Practice: Chinese Practice in Private International Law in 2021, now in its 9th year. The article has been published by the Chinese Journal of International Law, a journal published by Oxford University Press..

This survey contains materials reflecting the Chinese practice of Chinese private international law in 2021. Firstly, regarding changes in the statutory framework of private international law in China, six legislative acts, one administrative regulation on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures, and six judicial interpretations of the Supreme People’s Court (“SPC”) were adopted or amended in 2021, covering a wide range of matters, including punitive damages, online litigation, online mediation, and international civil procedure. Secondly, five typical cases on Chinese courts’ jurisdiction are selected to highlight the development of Chinese judicial practice in respect of consumer contracts, abuse of dominant market position, repeated actions and other matters. Thirdly, this survey considers 18 cases on choice-of-law issues relating, in particular, to capacities of legal persons, proprietary rights, employee contracts, mandatory rules, gambling and public policy. Fourthly, two significant decisions on punitive damages of intellectual property are reported. Fifthly, several key decisions in the recognition and enforcement of foreign judgments, international arbitration agreements and foreign settlement agreements, are reproduced. Lastly, this survey also covers the Summaries of the National Symposium on Foreign-related Commercial and Maritime Trials of Courts published by the SPC, an official document which represents the current judicial practices in the Chinese courts, and which is expected to provide guidance in the adjudication of foreign-related matters in the future.

Table of Contents

  1. Introduction
  2. Overview

II.A. Report on the Work of the SPC in 2021

II.B. Laws and the SPC’s interpretations

III. Jurisdiction

III.A. Rules in the SPC Summaries on Foreign-related Trials

III.B. Consumer contract

III.C. Different courts agreed upon in the principal and accessory contract

III.D. Jurisdiction over abuse of dominant market position

III.E. Repeated actions

  1. Choice of law

IV.A. Rules in the SPC Summaries on Foreign-related Trials

IV.B. Capacity of legal person

IV.C. Rights in rem

IV.D. Obligations

IV.E. Mandatory rules

IV.E.i. Foreign exchange guarantee

IV.E.ii. Share transfer

IV.F. Gambling and public order

  1. Intellectual property

V.A. New rules on punitive damages

V.B. Selected cases on punitive damages in Chinese courts

  1. Foreign judgments

VI.A. Rules in the SPC Summaries on Foreign-related Trials

VI.B. Cases about recognition and enforcement of foreign judgments

VII. International arbitration and foreign awards

VII.A. Rules in the SPC Summaries on Foreign-related Trials

VII.B. Arbitration clause and a lien dispute over the subject matter

VIII. Confirmation of the validity of foreign settlement agreement

Here are the links to the article:

Bonn University / HCCH Conference — The HCCH 2019 Judgments Convention: Cornerstones – Prospects – Outlook, 9 and 10 June 2023

Registration now open

Dates:                   

Friday and Saturday, 9 and 10 June 2023

Venue:                  

Universitätsclub Bonn, Konviktstraße 9, D – 53113 Bonn

Registration:     

sekretariat.weller@jura.uni-bonn.de

 

Registration Fee: € 220.-
Young Scholars Rate (limited capacity): € 110.-
Dinner (optional):                      € 60.-

Registration: Please register with sekretariat.weller@jura.uni-bonn.de. Please communicate your full name and your postal address (for accounting purposes). Clearly indicate whether you want to benefit from the young scholars’ reduction of the conference fees and whether you want to participate in the conference dinner. You will receive an invoice invoice per email for the respective conference fee and, if applicable, for the conference dinner. Please make sure that we receive your payment at least two weeks in advance to the conference (26 May 2023 at the latest). After receiving your payment we will send out a confirmation of your registration. This confirmation will allow you to access the conference hall and the conference dinner.

Please note: Access will only be granted if you are vaccinated against Covid-19. Please confirm in your registration that you are, and attach an e-copy of your vaccination document. Please follow further instructions on site, e.g. prepare for producing a current negative test, if required by University or State regulation at that moment. We will keep you updated. Thank you for your cooperation.

Accommodation: We have blocked a larger number of rooms in the newly built hotel “MotelOne Bonn-Beethoven”, https://www.motel-one.com/de/hotels/bonn/hotel-bonn-beethoven/, few minutes away from the conference venue. The hotel’s address is: Berliner Freiheit 36, D – 53111 Bonn. The contact details are: bonn-beethoven@motel-one.com, +49 228 9727860. These rooms need to be booked on your own initiative and account by making reservation with the Hotel and by referring to „Universität Bonn“. These rooms will be blocked until 22 April 2023 at the latest. As there will be several larger events in town at the date of our conference we recommend making arrangements for accommodation quickly.

Programme

Friday, 9 June 2023

 

8.30 a.m.      Registration

9.00 a.m.      Welcome notes

Prof Dr Matthias Weller, Director of the Institute for German and International Civil Procedural Law, Rheinische Friedrich-Wilhelms-Universität Bonn;
Dr Christophe Bernasconi, Secretary General, HCCH

Moderators: Prof Dr Moritz Brinkmann, Prof Dr Nina Dethloff, Prof Dr Matthias Weller, University of Bonn; Prof Dr Matthias Lehmann, University of Vienna; Dr João Ribeiro-Bidaoui, Former First Secretary, HCCH; Melissa Ford, Secretary, HCCH

Part I: Cornerstones

  1. Scope of application
    Prof Dr Xandra Kramer, Erasmus University Rotterdam, Utrecht University, The Netherlands
  1. Judgments, Recognition, Enforcement
    Prof Dr Wolfgang Hau, Ludwig-Maximilians-Universität Munich, Germany
  1. The jurisdictional filters
    Prof Dr Pietro Franzina, Catholic University of Milan, Italy
  1. Grounds for refusal
    Adj Prof Dr Marcos Dotta Salgueiro, University of the Republic, Montevideo; Director of International Law Affairs, Ministry of Foreign Affairs, Uruguay
  1. Article 29: From a Mechanism on Treaty Relations to a Catalyst of a Global Judicial Union
    Dr João Ribeiro-Bidaoui, Former First Secretary, HCCH
    Dr Cristina Mariottini, Senior Research Fellow at the Max Planck Institute for International, European and Regulatory Law, Luxembourg

 

1.00 p.m.     Lunch Break

  1. The HCCH System for choice of court agreements: Relationship of the HCCH Judgments Convention 2019 to the HCCH 2005 Convention on Choice of Court Agreements
    Prof Dr Paul Beaumont, University of Stirling, United Kingdom

Part II: Prospects for the World 

  1. European Union
    Dr Andreas Stein, Head of Unit, DG JUST – A1 “Civil Justice”, European Commission
  1. Perspectives from the US and Canada
    Professor Linda J. Silberman, Clarence D. Ashley Professor of Law, Co-Director, Center for Transnational Litigation, Arbitration, and Commercial Law, New York University School of Law, USA
    Professor Geneviève Saumier, Peter M. Laing Q.C. Professor of Law, McGill Faculty of Law, Canada
  1. Southeast European Neighbouring and EU Candidate Countries
    Prof Dr Ilija Rumenov, Associate Professor at Ss. Cyril and Methodius University, Skopje, North Macedonia

8.00 p.m.     Conference Dinner (€ 60.-)

Dinner Speech
Prof Dr Burkhard Hess, Director of the Max Planck Institute for International, European and Regulatory Law, Luxembourg

Saturday, 10 June 2023

9.00 a.m.      Part II continued: Prospects for the World

  1. Perspectives from the Arab World
    Prof Dr Béligh Elbalti, Associate Professor at the Graduate School of Law and Politics at Osaka University, Japan
  1. Prospects for Africa
    Prof Dr Abubakri Yekini, University of Manchester, United Kingdom
    Prof Dr Chukwuma Okoli, University of Birmingham, The Netherlands
  1. Gains and Opportunities for the MERCOSUR Region
    Prof Dr Verónica Ruiz Abou-Nigm, Director of External Relations, Professor of Private International Law, University of Edinburgh, United Kingdom
  1. Perspectives for ASEAN
    Prof Dr Adeline Chong, Associate Professor of Law, Yong Pung How School of Law, Singapore Management University, Singapore
  1. China
    Prof Dr Zheng (Sophia) Tang, University of Newcastle, United Kingdom

1.00 p.m.     Lunch Break

 

Part III: Outlook

  1. Lessons Learned from the Genesis of the HCCH 2019 Judgments Convention
    Dr Ning Zhao, Principal Legal Officer, HCCH
  1. International Commercial Arbitration and Judicial Cooperation in civil matters: Towards an Integrated Approach
    José Angelo Estrella-Faria, Principal Legal Officer and Head, Legislative Branch, International Trade Law Division, Office of Legal Affairs, United Nations; Former Secretary General, UNIDROIT
  1. General Synthesis and Future Perspectives
    Hans van Loon, Former Secretary General, HCCH

Download poster as a PDF Document.