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The 2019 Hague Judgments Convention Applied by Analogy in the Dutch Supreme Court
Written by Birgit van Houtert, Assistant Professor of Private International Law at Maastricht University
On 1 September 2023, the 2019 Hague Judgments Convention (HJC) entered into force. Currently, this Convention only applies in the relationship between EU-Member States and Ukraine. Uruguay has also ratified the HJC on 1 September 2023 (see status table). The value of the HJC has been criticised by Haimo Schack inter alia, for its limited scope of application. However, the HJC can be valuable even beyond its scope as this blog will illustrate by the ruling of the Dutch Supreme Court on 29 September 2023, ECLI:NL:HR:2023:1265.
Which Law Governs Subject Matter Arbitrability in International Commercial Disputes?
Written by Kamakshi Puri[1]
Arbitrability is a manifestation of public policy of a state. Each state under its national laws is empowered to restrict or limit the matters that can be referred to and resolved by arbitration. There is no international consensus on the matters that are arbitrable. Arbitrability is therefore one of the issues where contractual and jurisdictional natures of international commercial arbitration meet head on.
Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia
Written by Seung Chan Rhee and Alan Zheng
Suppose a company sells tickets for cruises to/from Australia. The passengers hail from Australia, and other countries. The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. The company is incorporated in Bermuda. Cruises are only temporarily in Australian territorial waters.
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2024 Asia-Pacific Colloquium of the Journal of Private International Law (JPIL)
The 2024 Asia-Pacific Colloquium of the Journal of Private International Law (JPIL) will be held on 5-6 December 2024 at the Melbourne Law School of the University of Melbourne in Australia.
Application Now Open: The Hague Academy of International Law’s Advanced Course in Hong Kong – 2nd Edition (2024)
The second edition of the HAIL Advanced Courses in Hong Kong, organised in cooperation with with the Asian Academy of International Law and (AAIL) and the Hong Kong Department of Justice, will take place on 2-6 December 2024 with a focus on one of the key features of Private International Law, namely Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, in particular the HCCH 2019 Judgments Convention.
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19th Regional PIL Conference on 20 September 2024 at the University of East Sarajevo, B&H
The 19th Regional Private International Law Conference will take place on 20 September 2024 at the Faculty of Law, University of East Sarajevo, Bosnia and Herzegovina, with the support of the Deutche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ). The theme of the Conference is Application of General Legal Principles in Contemporary Private International Law.
The opening panel will feature the following topics and speakers:
- Christophe Bernasconi, Secretary General, The HCCH and its Ongoing Work, with a Focus on Transnational Litigation, The Hague Conference on Private International Law
- Vesna Lazic, Corporate Sustainability and Due Diligence Directive (CSDDD): Relevance for Private International Law, Utrecht University and Asser Institute, The Hague
- Meliha Povlakic and Sevleta Halilovic, The Collision Issues Regarding the Agreement as to Succession in B&H: Cross-Border and Interlocal Conflicts of Law, University of Sarajevo, Faculty of Law
- Toni Deskoski and Vangel Dokovski, Temporal Application Challenges of Private International Law: A Judicial Perspective, University Ss. Cyril and Methodius, Faculty of Law Iustinianus Primus
The full programme of the conference can be found here.
The working language of the Conference will be English, and it will also be streamed online via Zoom (https://us06web.zoom.us/j/84284962839?pwd=alsUT8OQf9DR0y5shNlG0u12dxnc01.1; Meeting ID: 842 8496 2839; Passcode: 059110).
Conference proceedings will be published next year. Last year’s conference proceedings can be found here.