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First Issue of Lloyd’s Maritime and Commercial Law Quarterly 2022
The first issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2022 was just published. It features the following case notes and articles on private international law respectively:
SYC Leung and M Suen, The Extensive Jurisdiction in the Action on an Arbitral Award (case note)
D Foxton, The Jurisdictional Gateways – some (very) modest proposals:
The Supreme Court in Enka v Chubb clarified the choice of law rules which help determine the governing law of an arbitration agreement when the law of the contract containing it differs from the law of the arbitral seat. According to that framework, where parties have chosen the law which governs the main contract, that law is presumed also to govern the arbitration agreement. This article identifies, and seeks to provide preliminary answers to, questions surrounding the operation of, and rebuttal of, that presumption, on the basis that such questions are most likely soon to require a judicial answer.
HCCH Internship Applications Now Open!
Applications are now open for three- to six-month legal internships at the Permanent Bureau’s headquarters in The Hague, for the period from July to December 2022!
Interns work with our legal teams in the areas of Family and Child Protection Law, Transnational Litigation, Legal Cooperation, and Commercial and Financial Law. Duties may include carrying out research on particular points of private international law and/or comparative law, taking part in the preparation of HCCH meetings and contributing to the promotion of the HCCH and its work.
Due to the current global situation and the associated travel limitations and restrictions, the Permanent Bureau may consider the possibility that internships be carried out remotely. Interns may also be eligible for a monthly stipend.
Applications should be submitted by 17 March 2022. For more information, please visit the Internships Section of the HCCH website.
This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).
Virtual Workshop (in English) on Mar 1: Geneviève Saumier on Security for Costs and Access to Justice in Cross-Border Dispute Resolution
On Tuesday, Mar 1, 2021, the Hamburg Max Planck Institute will host its 20th monthly virtual workshop Current Research in Private International Law at 14:00-15:30 CET. Geneviève Saumier (McGill University) will speak, in English, about the topic
Security for Costs and Access to Justice in Cross-Border Dispute Resolution
Several multilateral instruments prohibit, directly or indirectly, security for costs based solely on the foreign status of a plaintiff. Regional examples can be found in Europe and Latin America; two multilateral examples are the 1954 and the 1980 HCCH Conventions. The justification is typically based on anti-discrimination and access-to-justice arguments. The 2019 HCCH Judgments Convention has taken a slightly different approach following a lack of consensus among the negotiating states. Moreover, several states continue to impose security for costs on foreign plaintiffs. In this workshop, Geneviève Saumier will present the current results of comparative research on security for costs and seek to identify remaining barriers to its elimination.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.