Views
The Greek Supreme Court has decided: Relatives of persons killed in accidents are immediate victims
A groundbreaking judgment was rendered last October by the Greek Supreme Court. Relatives of two Greek crew members killed in Los Llanos Air Base, Spain, initiated proceedings before Athens courts for pain and suffering damages (solatium). Although the action was dismissed by the Athens court of first instance, and the latter decision was confirmed by the Athens court of appeal, the cassation was successful: The Supreme Court held that both the Brussels I bis Regulation and the Lugano Convention are establishing international jurisdiction in the country where the relatives of persons killed are domiciled, because they must be considered as direct victims.
THE FACTS
On 26 January 2015, an F-16D Fighting Falcon jet fighter of the Hellenic Air Force crashed into the flight line at Los Llanos Air Base in Albacete, Spain, killing 11 people: the two crew members and nine on the ground.
The relatives of the Greek crew members filed actions for pain and suffering damages before the Athens court of first instance against a US (manufacturer of the aircraft) and a Swiss (subsidiary of the manufacturer) company. The action was dismissed in 2019 for lack of international jurisdiction. The appeals lodged by the relatives before had the same luck: the Athens court of appeal confirmed in 2020 the first instance ruling. The relatives filed a cassation, which led to the judgment nr. 1658/5.10.2022 of the Supreme Court.
Standard (and burden) of proof for jurisdiction agreements
Courts are often required to determine the existence or validity of jurisdiction agreements. This can raise the question of the applicable standard of proof. In common law jurisdictions, the question is not free from controversy. In particular, Stephen Pitel has argued on this very blog that jurisdiction clauses should be assessed on the balance of probabilities, as opposed to the “good arguable case” standard that is commonly applied (see, in more detail, Stephen Pitel and Jonathan de Vries “The Standard of Proof for Jurisdiction Clauses” (2008) 46 Canadian Business Law Journal 66). That is because the court’s determination on this question will ordinarily be final – it will not be revisited at trial.
China’s Draft Law on Foreign State Immunity—Part II
Written by Bill Dodge, the John D. Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law.
In December 2022, Chinese lawmakers published a draft law on foreign state immunity, an English translation of which is now available. In a prior post, I looked at the draft law’s provisions on immunity from suit. I explained that the law would adopt the restrictive theory of foreign state immunity, bringing China’s position into alignment with most other countries.
In this post, I examine other important provisions of the draft law, including immunity from attachment and execution, service of process, default judgments, and foreign official immunity. These provisions generally follow the U.N. Convention on Jurisdictional Immunities of States and Their Property, which China signed in 2005 but has not yet ratified.
China’s draft provisions on immunity from attachment and execution, service of process, and default judgments make sense. Applying the draft law to foreign officials, however, may have the effect of limiting the immunity that such officials would otherwise enjoy under customary international law. This is probably not what China intends, and lawmakers may wish to revisit those provisions before the law is finally adopted. Read more
News
Extension of deadline (to 10 January 2025) for Call for Papers for Special Issue of the Journal of Sustainable Development and Policy on the theme, “Private International Law and Sustainable Development in Africa”
Edited by:
Dr Chukwuma Okoli, University of Birmingham, United Kingdom
Dr Eghosa O. Ekhator, University of Derby, United Kingdom
Professor Veronica Ruiz Abou-Nigm, University of Edinburgh, United Kingdom
Professor Ralf Michaels, Max Planck Institute for Comparative and International Private Law, Germany
OVERVIEW
The Journal of Sustainable Development Law and Policy invites scholarly articles for publication in a special issue focusing on the theme “Private International Law and Sustainable Development in Africa.” This is an area with limited scholarship in Africa, as most research has traditionally emphasized substantive laws, often neglecting the critical role of private international law in sustainable development. Interested researchers should consider themes such as the ones explored in Michaels/Ruiz Abou-Nigm/Van Loon (eds.) (2021): The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law. Proposals should emphasise private international law and sustainable development issues that are of particular relevance to the African context. Read more
[Now available] Chronology of Practice: Chinese Practice in Private International Law in 2023 By Prof. HE Qisheng
Since its inception in 2001, the annual survey on Chinese judicial practice in private international law, published by the Chinese Journal of International Law, has served as a valuable source of information on Chinese practice in private international law, particularly during periods when case law was not readily available (notably prior to 2013). The first annual survery, titled ‘Private International Law in the Chinese Judicial Practice in 2001’, appeared in Vol. 2(1), 2003, and was prepared by Professors Huang Jin and Du Huangfang. However, in its early years, the survey was not published on a regular basis. Indeed, in addition to the 2001 survey, only three others were published between 2005 and 2014: the survey for the year 2002 (published in 2005), for 2003 (published in 2008), and for 2006 (published in 2009).
Since 2015, the regular publication of the survey has been ensured by Professor He Qisheng of Peking University Law School under the title “Chronology of Practice: Chinese Practice in Private International Law”. (For previous announcements on this blog, see the posts for 2018, 2019, 2020, and 2021. Annual surveys for the years 2013 to 2018 are also available on Professor He’s SSRN page.) Professor He’s dedication to maintaining and expanding the annual survey has been instrumental in ensuring it remains an indispensable resource for the field, while making information on private international law in China readily accessible to non-Sinophone researchers. Read more
University of Edinburgh: Lecturer in Global Law
The University of Edinburgh is looking to fill a new position in Global Law – which is understood to include private international law. More here.