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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.
German Federal Court of Justice: Article 26 Brussels Ia Regulation Applies to Non-EU Defendants
By Moses Wiepen, Legal Trainee at the Higher Regional Court of Hamm, Germany
In its decision of 21 July 2023 (V ZR 112/22), the German Federal Court of Justice confirmed that Art. 26 Brussels Ia Regulation applies regardless of the defendant’s domicile. The case in question involved an art collector filing suit against a Canadian trust that manages the estate of a Jew who was persecuted by the German Nazi regime. The defendant published a wanted notice in an online Lost Art database for a painting that the plaintiff bought in 1999. The plaintiff considers this as a violation of his property right.
This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention
Written by Mayela Celis
The eighth meeting of the Special Commission on the Practical Operation of the 1980 Child Abduction Convention and the 1996 Child Protection Convention will be held from 10 to 17 October 2023 in The Hague, the Netherlands. For more information, click here.
One of the key documents prepared for the meeting is the Global Report – Statistical study of applications made in 2021 under the 1980 Child Abduction Convention, where crucial information has been gathered about the application of this Convention during the year 2021. However, these figures were perhaps affected by the Covid-19 pandemic as indicated in the Addendum of the document (see paragraphs 157-167, pp. 33-34). Because it refers to a time period in the midst of lockdowns and travel restrictions, it is not unrealistic to say that the figures of the year 2021 should be taken with a grain of salt. For example, the overall return rate was the lowest ever recorded at 39% (it was 45% in 2015). The percentage of the combined sole and multiple reasons for judicial refusals in 2021 was 46% as regards the grave risk exception (it was 25% in 2015). The overall average time taken to reach a final outcome from the receipt of the application by the Central Authority in 2021 was 207 days (it was 164 days in 2015). While statistics are always useful to understand a social phenomenon, one may only wonder why a statistical study was conducted with regard to applications during such an unusual year – apart from the fact that a Special Commission meeting is taking place and needs recent statistics -, as it will unlikely reflect realistic trends (but it can certainly satisfy a curious mind).
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2025: Abstracts
The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts“ (IPRax) features the following articles:
Virtual Workshop (in English) on May 6: Konrad Duden on “Squaring the Circle – Recognising Rare Family Forms and Gender Identities Within the EU”
On Tuesday, May 6, 2025, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Professor Konrad Duden (University of Hamburg) will speak, in English, about the topic
“Squaring the Circle – Recognising Rare Family Forms and Gender Identities Within the EU”
The principle of recognition has long been a feature of European private international law – increasingly also in matters of family law and the law of personal status. Recent case law has focused on so-called rainbow families – same-sex marriages and parenthood – and changes in legal gender markers. These are issues that are treated very differently across the EU, with extensive protection and equal treatment in some Member States, and clear and in some cases constitutional rejection in others. The CJEU is therefore trying to reconcile two contradictory principles: The exclusive competence of Member States in substantive family and civil status law on the one hand and the Union-wide recognition of families and gender identities registered in one Member State on the other. This presentation will examine how the CJEU attempts to resolve this conflict and what conclusions can be drawn from the case law on the nature and scope of the principle of recognition.
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.
5th German Conference for Young Researchers in Private International Law in Heidelberg – Conference Report
Written by Victoria Hélène Dintelmann (Heidelberg University)
On February 14th and 15th, 2025, more than one hundred young academics gathered at Heidelberg University for the 5th German Conference for Young Researchers in Private International Law to discuss the topic “Digital Transformation and Private International Law – Local Connections in Boundless Spaces”. The conference was organized by Andreas Engel, Sophia Schwemmer, Felix Berner, Aron Johanson, Markus Lieberknecht, Ann-Kathrin Voß, Charlotte Wendland and Anton Zimmermann.