Views
Mbatha v. Cutting: Implications for Litigants of Indian Origin
Guest Post by Chytanya S. Agarwal*
I. Introduction
Rising cross-border migration of people and concomitant increase in lawsuits relating to matrimonial disputes between couples brings to the forefront the issue of conflict of jurisdictional laws (219th Law Commission Report, ¶1.1-¶1.2). Mbatha v. Cutting is one such recent case that grapples with conflict of laws pertaining to divorce and division of matrimonial property when the spouses are domiciled in separate jurisdictions. In this case, the Georgian Court of Appeal dealt with competing claims from a couple who married in New York and had their matrimonial domicile in South Africa. The wife, domiciled in Georgia, USA, argued for the application of the matrimonial property regime of South Africa – their only (though temporary) common matrimonial domicile. In determining the applicable law, the Court upheld the traditional approach, which favours lex situs for real property and lex domicilii for personal property.
Views and News from the 9th Journal of Private International Law Conference 2023 in Singapore
Four years after the 8th JPIL conference in Munich, the global community of PIL scholars finally got another opportunity to exchange thoughts and ideas, this time at Singapore Management University on the kind invitation of our co-editor Adeline Chong.
The conference was kicked off by a keynote speech by Justice Philip Jeyaretnam (Singapore International Commercial Court), providing an in-depth analysis of the Court of Appeal’s decision in Anupam Mittal v Westbridge Ventures II [2023] SGCA 1 (discussed in more detail here).
The keynote was followed by a total of 23 panels and four plenary sessions, a selection of which is summarised below by our editors.
The EU Sustainability Directive and Jurisdiction
The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. This creates inconsistencies between the scope of application of the Draft Directive and existing jurisdictional law, both on the EU level and on the domestic level, and can lead to an enforcement gap: EU companies may be able to escape the existing EU jurisdiction; non-EU companies may even not be subject to such jurisdiction. Effectivity requires closing that gap, and we propose ways in which this could be achieved.
(authored by Ralf Michaels and Antonia. Sommerfeld and crossposted at https://eapil.org/)
- The Proposal for a Directive on Corporate Sustainability Due Diligence
The process towards an EU Corporate Sustainability Due Diligence Directive is gaining momentum. The EU Commission published a long awaited Proposal for a Directive on Corporate Sustainability Due Diligence (CSDDD), COM(2022) 71 final, on 23 February 2022; the EU Council adopted its negotiation position on 1 December 2022; and now, the EU Parliament has suggested amendments to this Draft Directive on 1 June 2023. The EU Parliament has thereby backed the compromise textreached by its legal affairs committee on 25 April 2023. This sets off the trilogue between representatives of the Parliament, the Council and the Commission.
News
Open Online Conference on International Recovery of Maintenance on the basis of authentic Instruments on January 29th, 2025 3–5pm CET
The Child Support forum is pleased to invite every interested stakeholder to a new open meeting on the issue of “International Maintenance Recovery on the Basis of Authentic Instruments”.
The payment of child maintenance is not always ordered by a court. Maintenance debtors may commit themselves to make these payments in an enforceable deed, also called “authentic instrument”. The enforceable deeds are usually established by public notaries or public authorities. They should not be confused with administrative orders, as they are based on a voluntary declaration by the maintenance debtor. In case of non-payment, enforcement can be carried out in the State of origin, in the same way as a court decision.
Regarding cross-border cases, the recognition and enforcement of child maintenance claims on the basis of authentic instruments is mentioned in certain provisions. However, the lack of international awareness as regards their nature leads to difficulties when it comes to their implementation. The meeting aims to provide information on these two topics and to allow an exchange between the stakeholders involved on both levels, the establishment and the enforcement of authentic instruments.
To register, click here.
Symeonides on Private International Law Bibliography 2024: U.S. and Foreign Sources in English
Over the past 19 years, Professor Symeon C. Symeonides (Alex L. Parks Distinguished Professor of Law, Dean Emeritus) has been providing scholars, researchers, practitionners and student with a comprehensive and extensive compliation of Parivate International law bibliogrphy.
The 2024’s compilation (Private International Law Bibliography 2024: U.S. and Foreign Sources in English) includes 58 books and 427 journal articles, covering a wide range of topics within private international law (conflict of laws) and related fields.
The bibliography addresses key areas such as prescriptive jurisdiction, extraterritoriality, federal-state conflicts, and specific aspects of arbitration. It also encompasses legal issues related to foreign relations and international human rights, providing a valuable reference for those studying or working in these domains.
This compilation serves as a significant resource for legal scholars and practitioners, offering a thorough overview of the literature in private international law and its associated fields.
Access to the bibliography is available on Prof. Symeonides’ SSRN page here.
I would like to take this opportunity to extend my heartfelt congratulations to Prof. Symeonides for his unwavering commitment and remarkable contributions. His bibliography continues to be a cornerstone of legal research and a testament to the enduring importance of meticulous scholarship.
Virtual Workshop (in English) on January 7: Joseph William Singer on “Conflict of Abortion Laws”
On Tuesday, January 7, 2025, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 4:00 p.m. – 5:30 p.m. (CET). Professor Joseph William Singer (Harvard Law School) will speak, in English, about the topic
“Conflict of Abortion Laws”
With the abolition of the constitutional abortion right in the United States come huge differences among the laws of the states, and that leads to questions about which state law applies when a person from an anti-abortion state travels to a pro-choice state to get an abortion. Can anti-abortion states apply their regulatory and tort regimes to their own residents who leave the state to obtain an abortion? Can they empower residents to sue abortion providers in other states to protect what they view as the “unborn child”? Can pro-choice states confer immunity from suit on abortion providers and on people who get abortions from suits filed in anti-abortion states? Does the United States Constitution limit the power of anti-abortion states to apply their laws in an extraterritorial manner, and, if not, how should courts revolve conflicts of law (private international law) questions about abortion?
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.