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News
HCCH Monthly Update: October 2020
Membership
On 21 October 2020, Nicaragua deposited its instrument of acceptance of the Statute, becoming the 86th Member of the HCCH. More information is available here.
Conventions & Instruments
On 1 October 2020, the HCCH 1965 Service Convention entered into force for the Philippines. It currently has 78 Contracting Parties. More information is available here.
On 23 October 2020, Serbia deposited its instrument of ratification of the HCCH 2007 Child Support Convention. With this ratification, 41 States and the European Union are now bound by the Convention, which will enter into force for Serbia on 1 February 2021. More information is available here.
On 25 October 2020, the HCCH 1980 Child Abduction Convention and HCCH 1980 Access to Justice Convention celebrated their respective 40th anniversaries, having been adopted at the Fourteenth Session. More information is available here.
On 29 October 2020, Costa Rica deposited its instrument of accession to the HCCH 1996 Child Protection Convention. It now has 53 Contracting Parties and will enter into force for Costa Rica on 1 August 2021. More information is available here.
Meetings & Events
From 6 to 9 October 2020, the Experts’ Group on the Tourists and Visitors (ODR) Project met for the third time, via videoconference. The meeting focused on the necessity, desirability, and feasibility of a soft law instrument on matters relating to online dispute resolution (ODR). More information is available here.
From 12 to 16 October 2020, the Experts’ Group on Parentage / Surrogacy met for the seventh time, via videoconference. The meeting focused on developing possible provisions for a general private international law instrument on the recognition of foreign judicial decisions on legal parentage and a separate protocol on the recognition of foreign judicial decisions on legal parentage rendered as a result of an international surrogacy arrangement. More information is available here.
On 29 October 2020, the HCCH, together with the University of Bonn, co-hosted an online roundtable discussion of the prospects for judicial cooperation in civil and commercial matters between the EU and third countries. This event was a precursor to the conference ‘The HCCH 2019 Judgments Convention’ which is being held in September 2021, jointly organised by the University of Bonn and HCCH. More information is available here.
Publications & Documentation
Following its approval last month, the Permanent Bureau has released the official publication of the Explanatory Report on the HCCH 2019 Judgments Convention. An electronic copy of the Report is now available for download, in English and French, and hard copies are available for purchase from our website. More information is available here.
These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.
Overriding Mandatory Rules in the Law of the EU Member States: Webinar of the EAPIL Young EU Private International Law Research Network
On Monday, 16 November 2020, starting at 9.15 am CET, the Young EU Private International Law Research Network of the European Association of Private International Law (EAPIL), organizes a webinar on “Overriding Mandatory Rules in the Law of the EU Member States”.
In two sessions, Young PIL researchers from various EU Member States will discuss selected issues related to overriding mandatory rules, such as their explicit legislative characterization in recent EU directives and their application by arbitral tribunals.
Subsequently, the General Report of the second Young EU PIL project, namely “The Application of Overriding Mandatory Norms outside the Scope of Application of the EU Private International Law Regulations” as well as some national perspectives will be presented. The concluding discussion of the webinar is dedicated to future initiatives and projects of the Research Network.
All young PIL researchers who are interested in joining the webinar and/or the Young EU Private International Research Network are cordially invited to send an e-mail to youngeupil@gmail.com. Attendance is free of charge. Details regarding the virtual attendance will be sent to all registered participants.
The programme reads as follows:
9.15 am Opening of the conference – Tamás SZABADOS (ELTE)
Session I – Chair: Florian HEINDLER (Sigmund Freund University Vienna)
9.20 am Ennio PIOVESANI (University of Turin/University of Cologne): Overriding Mandatory Rules in the Context of the Covid-19 Pandemic
9.35 am Martina MELCHER (University of Graz): Substantive EU Regulations as Overriding Mandatory Provisions?
9.50 am Johannes UNGERER (University of Oxford): Explicit Legislative Characterization of Overriding Mandatory Provisions in EU Directives
10:05 am Uglješa GRUŠI? (University College London): Some Recent Developments Regarding the Treatment of Mandatory Rules of Third Countries
10.20-10:35 am Discussion
Session II – Chair: Dr. Eduardo Alvarez-Armas (Brunel University London)
10.45 am Katarzyna BOGDZEVI? (Mykolas Romeris University): Overriding Mandatory Provisions in Family Law and Personal Status Issues
11.00 am Markus PETSCHE (Central European University): The Application of Mandatory Rules by Arbitral Tribunals
11.15 am István ERD?S (ELTE): Imperative Rules in Investment Arbitration
11.30-11.45 am Discussion
Young EU PIL Project: The Application of Overriding Mandatory Norms outside the Scope of Application of the EU Private International Law Regulations
2.00 pm Tamás SZABADOS (ELTE): Presentation and Discussion of the General Report
2.15 pm Stefano DOMINELLI (University of Genoa) and Ennio PIOVESANI (University of Turin/University of Cologne): Italian Perspective
Holger JACOBS (University of Mainz): German Perspective
Dora ZGRABLJI? ROTAR (University of Zagreb): Croatian Perspective. Overriding Mandatory Rules and the Proposal on the Law Applicable to the Third-party Effects of Assignments of Claims
3.00 -3.30 pm Future of the Young EU Private International Law Network (Chair: Martina MELCHER and Tamás SZABADOS)
Final Call: The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil and Commercial Matters between the EU and Third Countries — Pre-Conference Video Roundtable University of Bonn / HCCH on 29 October 2020
The HCCH 2019 Judgments Convention:
Prospects for Judicial Cooperation in Civil and
Commercial Matters between the EU and Third Countries
Pre-Conference Video Roundtable
University of Bonn / HCCH
Thursday, 29 October 2020, 6.30 p.m. (UTC+1) (via Zoom)
Speakers:
Dr Christophe Bernasconi, Secretary General of the HCCH
Colin Brown, Unit Dispute Settlement and Legal Aspects of Trade Policy, DG Trade, European Commission
Dr Alexandra Diehl, White & Case LLP, Frankfurt, Chair of the Arbitration/Litigation/Mediation (“ALM”) Working Group of the German-American Lawyers Association (DAJV)
Dr Veronika Efremova, Senior Project Manager GIZ, Open Regional Funds for South East Europe-Legal Reform
Andreas Stein, Head of Unit, DG JUST – A1 “Civil Justice”, European Commission
Dr Jan Teubel, German Federal Ministry of Justice and Consumer Protection
Moderators:
Dr João Ribeiro-Bidaoui, First Secretary, HCCH
Prof Dr Matthias Weller, University of Bonn
The largest proportion of EU economic growth in the 21st century is expected to arise in trade with third countries. This is why the EU is building up trade relations with many states and other regional integration communities in all parts of the world. The latest example is the EU-MERCOSUR Association Agreement concluded on 28 June 2019. With the United Kingdom’s exit of the Union on 31 January 2020, extra-EU trade with neighbouring countries will further increase in importance. Another challenge for the EU is China’s “Belt and Road Initiative”, a powerful global development strategy that includes overland as well as sea routes in more than 100 states around the globe. The USA are currently the largest trade partner of the EU. The increasing volume of trade with third states will inevitably lead to a rise in the number and importance of commercial disputes. This makes mechanisms for their orderly and efficient resolution indispensable. China is already setting up infrastructures for commercial dispute resolution alongside its belts and roads. In contrast, the EU still seems to be in search of a strategy for judicial cooperation in civil matters with countries outside the Union. The HCCH 2019 Judgments Convention may be a valuable tool to establish and implement such a strategy, in particular alongside the EU’s external trade relations. These prospects will be discussed by the speakers and a global audience in this Pre-Conference Video Roundtable.
We warmly invite you to participate and discuss with us. In order to do so, please register with sekretariat.weller@jura.uni-bonn.de. You will receive the access data for the video conference via zoom per email, including our data protection concept, the day before the event.
If you have already registered and received a confirmation from our office (please allow us a couple of days for sending it back to you), your registration is valid and you do not need to re-register.
Please do not hesitate to forward our invitation to friends and colleagues if you wish.
Main Conference “The HCCH 2019 Judgments Convention”, 13 and 14 September 2021
Our event intends to prepare the main conference on the HCCH 2019 Judgments Convention at the University of Bonn (Professors Moritz Brinkmann, Nina Dethloff, Matthias Lehmann, Wulf-Henning Roth, Philipp Reuss, Matthias Weller), co-hosted by the HCCH (Dr Chistophe Bernasconi, Dr João Ribeiro-Bidaoui), on 13 and 14 September 2021 (originally scheduled for 25 and 26 September 2020, but rescheduled to avoid Covid-19 risks). At this conference on the campus of the University of Bonn, leading experts will present on the legal concepts and techniques of the Convention, and policy issues will be further developed.
Speakers will include (listed chronologically):
Hans van Loon (key note), Former Secretary General of the Hague Conference on Private International Law, The Hague;
Prof Dr Xandra Kramer, Erasmus University Rotterdam;
Prof Dr Wolfgang Hau, Ludwig-Maximilians-Universität Munich;
Prof Dr Pietro Franzina, Catholic University of Milan;
Prof Dr Francisco Garcimartín Alférez, Autonomous University of Madrid;
Dr Ning Zhao, Senior Legal Officer, HCCH;
Prof Paul Beaumont, University of Stirling;
Prof Dr Marie-Elodie Ancel, University Paris 2 Panthéon-Assas;
Dr Pippa Rogerson, Reader in Private International Law, Faculty of Law, Cambridge;
Ass. Prof Dr Ilija Rumenov, Ss. Cyril and Methodius University, Skopje, Macedonia;
Dr Veronica Ruiz Abou-Nigm, Director of Internationalisation, Senior Lecturer in International Private Law, School of Law, University of Edinburgh;
Prof Zheng (Sophia) Tang, University of Newcastle;
Jose Angelo Estrella-Faria, Principal Legal Officer and Head, Legislative Branch International Trade Law Division, Office of Legal Affairs, United Nations, Former Secretary General of UNIDROIT.
For the full programme see https://www.jura.uni-bonn.de/professur-prof-dr-weller/conference-on-the-hcch-2019-judgments-convention-on-13-and-14-september-2021/. You will receive an invitation for registration in due time. A registration fee of € 100.- will be asked for participating.