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New article on Party Autonomy in the Choice of Law under Indian and Australian Private International Law
By Saloni Khanderia (Jindal Global Law School, India) and Sagi Peari (Faculty of Law, University of Western Australia) in the Commonwealth Law Bulletin, available for download here
The outbreak of the COVID-19 pandemic will affect the performance of several contracts and is likely to increase the number of disputes before the courts. In agreements with a foreign element, the adjudication of the rights and liabilities will depend on the applicable law. Most legal systems have embraced the doctrine of party autonomy and, accordingly, permit the parties to expressly select the law to govern the disputes that arise from international contracts. India and Australia are no exception to this trend. In general, the courts in both the commonwealth countries have reported being influenced by judicial practices of one another to develop their own law. Despite their common-law roots, the interpretations attached to the doctrine of party autonomy in the choice of law have varied in some respects in these countries. The paper analyses the judicial trends on the subject and demonstrates the role that party autonomy will play in resolving international disputes where the performance has been affected by the eventualities such as the COVID-19 pandemic in India and Australia. The paper delves into the manner in which the courts in India and Australia may offer reciprocal lessons to each another to revolutionise the interpretation of the doctrine of party autonomy in the choice of law.
Rescheduling of the Bonn University / HCCH Conference on the HCCH 2019 Judgments Convention: Video Pre-Conference Roundtable 29 October 2020; On-Site Conference 13 and 14 September 2021
Dear Friends and Colleagues,
Kindly allow us to inform you about the following decisions we had to take in view of our conference, originally scheduled for 25 and 26 September 2020:
As the University of Bonn does not allow on site events of a larger scale until the end of the Winter Semester 2020/2021 (31 March 2021) in order to avoid any Covid-19 risks and as we are also concerned about the risks you would take while travelling to our place, we decided against an on site event.
Originally, we thought that in this case a video conference would be a good substitute. However, after months of video conferences, classes and meetings, all of us are probably feeling quite exhausted, and another round of two long days looking at the screen did no longer appear appealing to us, all the more since we have gathered such a distinguished group of speakers, with whom the audience would certainly like to interact directly, to say nothing of ourselves. This is why we decided, in close cooperation with the HCCH, to reschedule our Conference at Bonn University on Monday and Tuesday, 13 and 14 September 2021.
Additionally, in order to keep our topic connected with the period of the German Presidency of the EU Council and also in order to react to requests by a number of interested colleagues from far distances who would have difficulties travelling to Bonn, we decided to offer a Pre-Conference Video Roundtable “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation between the EU and Third States” on Thursday evening, 29 October 2020, 6 to 8 p.m. As things are standing at the moment, the Secretary General of the HCCH, Dr Christoph Bernasconi, will give us the honour to join us “live” and open this session, and an edited version of the Explanatory Report might be out at this point of time.
If you are interested in participating in the video conference, please register with sekretariat.weller@jura.uni-bonn.de. You will then receive an email with the access code to the video conference (via zoom) the day before the event.
We will inform you about the precise programme of our video round table in due time.
We do hope that you agree with our decisions. Looking forward to seeing you via video in October 2020 and on site in September 2021.
With best wishes from Bonn,
Moritz Brinkmann, Nina Dethloff, Matthias Lehmann, Philipp Reuß, Matthias Weller
Chinese court refuses enforcement of an IFTA Arbitration award
Shawn He reported recently on a Chinese judgment refusing the declaration of enforceability of an arbitral award issued by the Independent Film & Television Alliance Arbitration Court.
The Tianjin Intermediate People’s Court dismissed the application on two grounds: No standing to be sued of the Chinese company, and notification vices.
One point which should be highlighted is the duration of the proceedings: The application was filed on March 2018, and the judgment (in first instance) was rendered on May 2020…