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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.
Call for Participation in a Questionnaire on Children’s Rights
The Universities of Genoa, Valencia, Turiba, the Institute of Private International Law in Sofia, the European Association for Family and Succession Law, and Defence for Children Italy are currently conducting a research Project to collect and develop best practices on the right of the child to information in cross-border family proceedings.
The “MiRI Project” (Minor’s Right to Information in EU civil actions), co-funded by the European Union (JUST/2018/JCOO/AG/CIVI/831608), foresees the involvement of lawyers and judges which may contribute to a truthful reconstruction of how children are effectively informed of their rights, of the circumstances litigated before courts, of the consequences following specific decisions, etc. during cross-border proceedings.
Lawyers and judges may provide their knowledge and expertise by fulfilling a questionnaire – answers to the questionnaire will help Partners to the Project to identify, disseminate already existing good practices, and possibly elaborate new ones.
The questionnaire is available in English, Spanish, Bulgarian, Latvian, French and Italian.
Answering the questionnaire takes approximately 25-30 minutes; consultations are open until the end of November 2020. Answers are anonymous and will not be published. Answers can be sent to info@europeanfamilylaw.eu
The Partners to the Project appreciate your involvement!
October 2020 Issue of International and Comparative Law Quarterly
The October 2020 issue of International and Comparative Law Quarterly was recently published. It features two articles on private international law:
S Donelly, “Conflicting Forum-Selection Agreements in Treaty and Contract” (2020) 69 International and Comparative Law Quarterly 759 – 787.
When an investor submits a claim to arbitration under a treaty that falls within the scope of an existing, contractual forum-selection clause between it and the host State, which prevails: the agreement to arbitrate under the treaty or the contractual clause? This is a vexed and commonly arising question. This article argues that by placing it in the context of both private and public international law and reasoning from first principles it is possible to arrive at a coherent, reliable and satisfactory approach. The true question is whether the contractual clause is a waiver of the investor’s right to recourse to an investment tribunal.
TC Hartley, ““Recent Developments under the Brussels I Regulation” (2020) 69 International and Comparative Law Quarterly 779 – 790.
This article considers recent CJEU case law on the Brussels I Regulation. Two aspects of Article 7(1) (which applies to matters relating to a contract) are considered: the first is whether the contract must be between the parties to the case; the second is whether membership of an association should be regarded as constituting implied consent to be bound by decisions of the association so that jurisdiction to enforce them may be taken under Article 7(1). The article also discusses recent case law on who counts as a ‘consumer’ in terms of Article 17.