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Summer School in International Financial Law (Milan, 21-22 June 2018)
The University of Milan (Department of International, Legal, Historical and Political Studies) will host on Thursday 21 and Friday 22 June 2018 the Summer School in International Financial Law. Participation is free of charge, but registration is compulsory at Eventbrite. The sessions will be held in English with simultaneous translation into Italian. Here is the programme (available for download):
Thursday 21 June 2018 – 14h00
14h30 Welcome Address
- Giuseppe De Luca, Deputy-Rector, University of Milan
- Ilaria Viarengo, Director of the Department of International, Legal, Historical and Political Studies
15h00 Cross-Border Company Matters
Chair: Manlio Frigo, University of Milan
- The EU Proposal for a Directive on Cross-Border Conversions, Mergers and Divisions (Bartlomiej Kurcz, DG Justice and Consumers, European Commission)
- A German Perspective (Leonhard Hübner, University of Heidelberg)
- An Italian Private International Law Perspective (Francesca C. Villata, University of Milan)
- Italian and Comparative Corporate Law Perspectives (Marco Ventoruzzo, Bocconi University)
General discussion (with the participation of Maria Vittoria Fuoco, Department on the Functioning of the Judiciary, Italian Ministry of Justice)
– – –
Thursday 21 June 2018 – 17h30
17h30 Taking Security over Shares and Other Financial Securities
Chair: Giovanna Adinolfi, University of Milan
- Investors Rights in Securities and Shareholdings in the Post-CSDR Era (Christina Tarnanidou, University of Athens of Economics and Business, Rokas, Athens)
- Securities settlement through T2S (Aranzazu Ullivarri Royuela, BME Post Trade Services, Madrid)
General discussion
– – –
Friday 22 June 2018 – 9h30
9h30 Financial Collaterals and Bonds
Chair: Giovanna Adinolfi, University of Milan
- Cross-Border Financial Collateral within the Eurosystem (Klaus Loeber, Market Infrastructures and Payments, European Central Bank)
- Bonds Issuance (Matthias Lehmann, Rheinischen Friedrich-Wilhelms-Universität Bonn)
General discussion
10h45 – 13h00 The Proposal on the law applicable to the third-party effects of assignments of claims
Chair: Francesca C. Villata, University of Milan
- Presentation of the Proposal (Maria Vilar-Badia, DG Justice and Consumers, European Commission)
- Factoring (Christine Van Gallebaert, Université Paris 2 Panthéon-Assas, Jones Day, Paris)
- Collateralization (Joanna Perkins, Financial Markets Law Committee, London)
General discussion
– – –
Friday 22 June 2018 – 14h00
14h00 – 17h00 The Proposal on the law applicable to the third-party effects of assignments of claims
Chair: Stefania Bariatti, University of Milan
- Securitization (Gilles Cuniberti, University of Luxembourg)
- Selected practical issues (Francisco Garcimartín Alférez, Universidad Autónoma de Madrid, Linklaters, Madrid)
- The Relationship with the EU Regulation on Cross-Border Insolvency (Stefania Bariatti, University of Milan, Chiomenti, Milan)
- The Relationship with the EU Rules on the Cross-Border Insolvency of Banks and Insurances (Matthias Haentjens, University of Leiden)
General discussion – Closing Remarks
(Many thanks to Prof. Francesca Villata for the tip-off)
Reminder: Call for Papers International Business Courts
Erasmus School of Law (under the ERC project Building EU Civil Justice) in collaboration with the Max Planck Institute for Procedural Law Luxembourg, and the Montaigne Centre for Rule of Law and Administration of Justice (Utrecht University) are hosting the seminar ‘Innovating International Business Courts: A European Outlook’ that will take place in Rotterdam on 10 July 2018.
In relation thereto Erasmus Law Review invites submissions for its upcoming special issue on International Business Courts – a European and Global Perspective on topics relating to court specialization, specifically relating to the development of international business courts in Europe and beyond, and focusing on justice innovation and their relevance for access to justice and the judicial system, including the challenges they may pose for judicial administration, litigants and other stakeholders. Contributions can be theoretical, empirical as well as policy oriented. Interdisciplinary approaches are especially encouraged. The issue will also include papers focusing on the Netherlands, the United Kingdom (England and Wales), France, Germany, and Belgium, and deriving from the seminar.
Authors of selected papers will be exempt from registration fees for the seminar and will have the opportunity to present a poster during the drinks after the seminar.
Please submit an abstract in English of no more than 500 words to Erlis Themeli (themeli@law.eur.nl) and Alexandre Biard (biard@law.eur.nl) before 10 June 2018. Please include your name, affiliation, and a link to your research profile. You will be informed on the outcome on 24 June 2018 at the latest. Responsible issue editors are Xandra Kramer (Erasmus University Rotterdam/Utrecht Utrecht) and John Sorabji (University College, London).
The final paper should be 8,000-12,000 words in length (including footnotes) and must comply with the Erasmus Law Review’s Authors Guidelines. Selected papers will go through the regular double-blind peer review process and publication is subject to the outcome of this review process. The deadline for submission of the paper is 1 October 2018.
For more information see the Call for Papers.
Buxbaum: The Interpretation and Effect of Permissive Forum Selection Clauses Under U.S. Law
Professor Hannah Buxbaum has recently published an important report (see here), prepared for the International Academy of Comparative Law’s International Congress, on forum selection clauses. Below is the abstract.
Abstract
A forum selection clause is a form of contractual waiver. By this device, a contract party waives its rights to raise jurisdictional or venue objections if a lawsuit is initiated against it in the chosen court. The use of such a clause in a particular case may therefore raise a set of questions under contract law. Is the waiver valid? Was it procured by fraud, duress, or other unconscionable means? What is its scope? And so on. Unlike most contractual waivers, though, a forum selection clause affects not only the private rights and obligations of the parties, but something of more public concern: the jurisdiction of a court to resolve a dispute. The enforcement of such a clause therefore raises an additional set of questions under procedural law. For instance, if the parties designate a court in a forum that is otherwise unconnected to the dispute, must (or should) that court hear a case initiated there? If one of the parties initiates litigation in a non-designated forum that is connected to the dispute, must (or should) that court decline to hear the case?
This report, prepared for the International Academy of Comparative Law in connection with its XXth International Congress, analyzes the approach to these questions in the United States. The bottom line is straightforward: almost always, in consumer as well as commercial contracts, forum selection clauses will be enforced. Navigating the array of substantive, procedural, and conflicts rules whose interplay yields that result, though, is far less straightforward. That is the task of this report. Following a short background, it surveys current state law on their use, in consumer as well as commercial contracts. The report then discusses the interpretation and enforcement of forum selection clauses in both state and federal courts. It analyzes their effect on jurisdiction as well as on doctrines involving venue, such as removal and forum non conveniens. The report also covers choice of law problems, particularly as they arise in the course of litigation in federal courts.