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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…
Job Offer at the University of Bayreuth
by Professor Dr Robert Magnus
The chair of civil law III at the Faculty of law and economics of the University of Bayreuth offers a position as a
Doctoral researcher / PhD Student (m/w/d)
which should be filled as soon as possible. The position is limited for a period of two years and is preferably granted for the purpose of preparing a doctoral thesis. The position is part-time (50 % of regular working hours) with the salary and the benefits of a public service position in the state of Bayern, Germany (TV-L E13, 50 %).
The Doctoral researcher will be working in the department of law. His main task will be to assist the research projects of his supervisor in the area of civil law, civil procedural law, arbitration law, conflict-of-laws and comparative law. The position includes the possibility to prepare a doctoral thesis. Applicants should fulfill the requirements to prepare a doctoral thesis under the doctoral degree regulation of the University of Bayreuth. It is expected that the first state examination is accomplished at least with the grade “vollbefriedigend”. The position additionally requires the Applicant to be proficient in German.
Furthermore, the Applicant should be interested in the areas of expertise of the supervisor; preferably there is already knowledge in these fields. Desirable are good skills in English and IT-expertise.
Applicants with a disability as described in SGB IX (§ 2 Abs. 2, 3) will be preferred in case of equal qualifications. The advertising chair of civil law as well as the University of Bayreuth are interested in increasing the quota of women; therefore, we strongly encourage female candidates to apply.
Please send your application with the usual documents (especially CV, Abitur certificate, transcript of records, State Examination certificate(s) via email (preferably in a pdf file) to Ms. Birgit Müller, chair of civil law III at the Faculty of Law and economics, University of Bayreuth, 95440 Bayreuth, Tel.: +49 (0)921 – 55-6071, E-Mail: ze3.sekretariat@uni-bayreuth.de.
Marshall Islands: A Pacific island-country joins the HCCH Service Convention (updated)
On 31 July 2020, the Depositary (i.e. the Ministry of Foreign Affairs of the Kingdom of the Netherlands) notified that the Marshall Islands acceded to the HCCH Service Convention. A six-month period for filing objections has been set to run from the date of the Depositary’s notification until 31 January 2021. In the absence of any objection from an already ratifying State, the Convention will enter into force for the Marshall Islands on 1 February 2021.
So far the Marshall Islands has made no declarations under the treaty (think for example of Articles 8, 10, 15 and 16). Nor has it designated Central Authority. While this can be done at a later date, it is undoubtedly of great importance that the designation of Central Authority be made as soon as possible for the treaty to operate smoothly and avoid potential objections, even if this is only a theoretical possibility as the objection-mechanism has never been used in practice.*
In the Pacific region, there are a few other States already a party to the Service Convention, such as the Philippines (date of entry into force: 1 October 2020!), Japan and Australia.
The HCCH news item is available here.
* On 4 August 2020, the Marshall Islands diligently informed the Depositary of its declarations under Articles 8, 10(a), 15 and 16 of the Service Convention. It also made a declaration concerning the language of the documents to be served under Article 5 of the Service Convention, and although this declaration is not contemplated explicitly in this treaty, it is a very common declaration to file. Importantly, it also designated the Republic of the Marshall Islands Attorney-General as the Central Authority. See here (notification of 7 August 2020).