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News
Publication of the Explanatory Report on the Judgments Convention
The website of The Hague Conference on Private International Law on October 29th recorded an important development, which reads as follows:
“Following the approval of the Explanatory Report on the HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention) on 22 September 2020, the Permanent Bureau is pleased to announce the official publication of the Explanatory Report prepared by the co-Rapporteurs Professors Francisco Garcimartín (Spain) and Geneviève Saumier (Canada).”
More information may be found here
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)