image_pdfimage_print

Views

EFFORTS Questionnaire on Digitalization of Civil Procedures Relating to Cross-Border Enforcement

In the framework of the EFFORTS Project, a questionnaire has been drawn up on the digitalization of civil procedures relating to cross-border enforcement.

The questionnaire aims at collecting quantitative and qualitative data on the digitalization of enforcement procedures at the national and European level, with a view to identifying technical solutions and legislative amendments to implement such digitalization.

The questionnaire, together with information on the EFFORTS Project, may be accessed here

The EFFORTS project partners thank you in advance for your time and contribution!

Project JUST-JCOO-AG-2019-881802
With financial support from the Civil Justice Programme of the European Union

Ranking the Portability of ASEAN Judgments within ASEAN

Written by Catherine Shen, ABLI

The Asian Business Law Institute (ABLI) has recently released a free publication titled Enforcement of Foreign Judgments in ASEAN: Ranking the Portability of ASEAN Judgments within ASEAN, a derivative publication under its Foreign Judgments Project.

The Association of Southeast Asian Nations (ASEAN) comprises of Brunei Darussalam, Cambodia, Indonesia, Lao, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. These jurisdictions are of different legal traditions of civil law (Cambodia, Indonesia, Lao, Thailand and Vietnam), common law (Brunei Darussalam, Malaysia, Myanmar and Singapore) and hybrid law (Philippines) tradition. There are two primary hurdles for increasing the portability of ASEAN judgments within the bloc. First, some ASEAN jurisdictions, such as Indonesia and Thailand, have no law that allows foreign judgments to be recognised and enforced. Second, most civil law jurisdictions in ASEAN still have rather rigid requirements on reciprocity. These two hurdles are the main influencers of the ranking.

A few thoughts on Golan v. Saada – this week at the US Supreme Court

Written by Mayela Celis, UNED

The oral arguments of the case Golan v. Saada (20-1034) will take place tomorrow (Tuesday 22 March 2022) at 10 am Washington DC time before the US Supreme Court. For the argument transcripts and audio, click here. The live audio will be available here.

We have previously reported on this case here and here.

“QUESTION PRESENTED

The Hague Convention on the Civil Aspects of International Child Abduction requires return of a child to his or her country of habitual residence unless, inter alia, there is a grave risk that his or her return would expose the child to physical or psychological harm. The question presented is:

Whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is required to consider ameliorative measures that would facilitate the return of the child notwithstanding the grave risk finding.” (our emphasis)

News

….and a Book Review in the Second Issue of ICLQ for 2022

Further to my last post, I omitted to include a book review by Professor Gilles Cuniberti in the second issue of ICLQ for 2022 which is focused on essays written in honour of Emeritus Professor Adrian Briggs (QC), and the latest edition of his (Prof. Briggs’) book on Civil Jurisdiction and Judgements.

Disclosure: Prof. Cuniberti was the doctoral supervisor of my thesis, while Prof. Briggs was an external examiner of my PhD thesis.

Just out – Lessons on Private International Law / several authors (in Spanish)

The book entitled Lessons on Private International Law published by DIKAIA is the result of a collective effort of some of the speakers who presented at a course organised by the Mexican Consejo de la Judicatura Federal (Council of the Federal Judiciary) and the Mexican Escuela Federal de Formación Judicial (Federal School of Judiciary Training) in 2021.

Basically, this book puts into writing some of the presentations relating to the general topics on Private International Law given at the course. It should be noted that this book has seen the light of day thanks to the devoted work of professors Jorge Alberto Silva Silva and Nuria González Martín, who were the editors / coordinators.

CJEU on acquisition of new habitual residence under the 2007 Hague Protocol subsequently to a wrongful removal, case W.J., C-644/20

Under the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations, maintenance obligations are governed by the law of the State of habitual residence of the creditor, save where the Protocol itself provides otherwise [Article 3(1)]. Echoing the issues pertaining to the so-called conflit mobile, the Protocol provides also that in the case of a change in the habitual residence of the creditor, the law of the State of the new habitual residence is to apply as from the moment when the change occurs [Article 3(2)].

If the creditor is a child, does a wrongful removal – followed by an order commanding to return the child to the State in which he/she habitually resided immediately prior to the wrongful removal – constitute an obstacle to the acquisition of a new place of habitual residence by the creditor? This is the legal issue that the Court addresses in its judgment handed down this Thursday in the case W.J., C-644/20.

(more…)