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The 2019 Hague Judgments Convention Applied by Analogy in the Dutch Supreme Court
Written by Birgit van Houtert, Assistant Professor of Private International Law at Maastricht University
On 1 September 2023, the 2019 Hague Judgments Convention (HJC) entered into force. Currently, this Convention only applies in the relationship between EU-Member States and Ukraine. Uruguay has also ratified the HJC on 1 September 2023 (see status table). The value of the HJC has been criticised by Haimo Schack inter alia, for its limited scope of application. However, the HJC can be valuable even beyond its scope as this blog will illustrate by the ruling of the Dutch Supreme Court on 29 September 2023, ECLI:NL:HR:2023:1265.
Which Law Governs Subject Matter Arbitrability in International Commercial Disputes?
Written by Kamakshi Puri[1]
Arbitrability is a manifestation of public policy of a state. Each state under its national laws is empowered to restrict or limit the matters that can be referred to and resolved by arbitration. There is no international consensus on the matters that are arbitrable. Arbitrability is therefore one of the issues where contractual and jurisdictional natures of international commercial arbitration meet head on.
Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia
Written by Seung Chan Rhee and Alan Zheng
Suppose a company sells tickets for cruises to/from Australia. The passengers hail from Australia, and other countries. The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. The company is incorporated in Bermuda. Cruises are only temporarily in Australian territorial waters.
News
Children-parents in the EU: Stakeholders’ meeting 13 and 14 March
The Unipar project partners are organising a stakeholders’ meeting on the EU’s proposal on filiation/parenthood, domestic private international law, human and children’s rights, and EU law. The meeting will be held in Brussels on 13 and 14 March, and will be livestreamed for persons who wish to follow.
The programme is available on the Unipar website. There you will also find the registration link for online participation.
Unipar is co-funded by the European Union. It is a two-year project that comments on the EU’s proposal on private international law on filiation, but also investigates the larger context of filiation/parenthood across borders. The first outcome is a report on the impact on parentage of the EU acquis.
Call for Papers: OGEL Special Issue on ‘Space Mining: National and International Regulation for and against Commercial Mining of Outer Space Resources’
OGEL Special Issue on ‘Space Mining: National and International Regulation for and against Commercial Mining of Outer Space Resources’ will include dispute resolution over space mining plans as well as dispute resolution among participants in space mining operations – state vs state and space versus corporations and corporations versus corporations.
Outer Space clearly involves interesting private international law issues.
Proposals should be submitted to the editors by 31st March 2025, with final papers to be submitted before 31st May 2025.
For more information, please refer to here.
CoL.net Virtual Roundtable on the Commission’s Rome II Report
ConflictofLaws.net will be hosting an ad-hoc virtual roundtable on the Commission’s Rome II Report
on 11 March 2025, 12pm–1.30pm (CET).
The conversation will focus on the long-awaited report published by the Commission on 31 January 2025 and its implications for a possible future reform of the Regulation.
The event will feature the following panellists:
Rui Dias
University of Coimbra
Thomas Kadner Graziano
University of Geneva
Xandra Kramer
Erasmus University Rotterdam
Eva Lein
University of Lausanne &
British Institute of International and Comparative Law
Tobias Lutzi
University of Augsburg
Everyone interested is warmly invited to join via this Zoom link.