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Chinese courts made decision taking into account of the Hague Choice of Court Convention

China has signed the Hague Choice of Court Convention on 12 September 2017, but has not yet ratified this Convention. The Hague Choice of Court Convention has not entered into force in China. However, Shanghai High Court has already relied on the Hague Choice of Court Convention to make decision.

In Cathay United Bank v Gao, Shanghai High Court, (2016) Hu Min Xia Zhong No 99, the appellant, a Taiwan commercial bank, and the respondent, a Chinese citizen resident in Shanghai, entered into a Guarantee contract. It included a clause choosing Taiwan court as the competent court to hear disputes arising out of the contract. This clause did not specify whether it was exclusive or not. Chinese law does not provide how to decide exclusivity of a choice of court agreement. Facing the legal gap, Shanghai High Court took into account Article 3 of the Hague Choice of Court Convention 2005 and decided that choice of court agreements should be exclusive unless the parties stated otherwise. The Shanghai High Court thus declined jurisdiction in favour of Taiwan Court.

EU Member State sees opportunities in Brexit: Belgium is establishing a new English-language commercial court

Expecting higher demands for international commercial dispute resolution following Britain’s departure from the EU, Belgium plans to set up a new English-language commercial court, the Brussels International Business Court (BIBC), to take cases away from the courts and tribunals in London. This decision was announced on 27 Oct 2017. This BIBC is designed to address disputes arising out of Brexit and major international commercial disputes. The court will take jurisdiction based on parties’ choice, and will do the hearing and deliver judgments in English. The parties would have no right to appeal. BIBC combines elements of both traditional courts and arbitration. See comments here.

CJEU on the place of the damage under Article 7(2) of Brussels Ia as regards violation of personality rights of a legal person

First personal impressions presented by Edina Márton, LLM, PhD (Saarbruecken)

For jurisdictional purposes, the localisation of cross-border violations of personality rights under European instruments, such as Regulation (EU) No 1215/2012 (Brussels Ia), has attracted the attention of a considerable number of scholars and often led to different legal solutions in the national judicial practice. At EU level, besides Shevill (C-68/93; ECLI:EU:C:1995:61) as well as eDate and Martinez (C-509/09 and C-161/20; ECLI:EU:C:2011:685), since 17 October 2017, a third judgment in case Bolagsupplysningen (C-194/16; ECLI:EU:C:2017:766) has given further clarification in this area. In the recently delivered judgment, the ECJ specified one of the two limbs of the connecting factor “where the harmful event occurred or may occur” under Article 7(2) of Brussels Ia, namely the place of the alleged damage. (more…)

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Cross-Border Enforcement in the EU (“IC2BE”) – Second Italian National Seminar, 8 November 2019

Seminar: Instruments and solutions for a more effective cross-border debt recovery in the EU/“Strumenti e soluzioni per un più efficace recupero transfrontaliero dei crediti”.

On 8 November 2019, the University of Milan (Università degli Studi di Milano) will host a second national seminar in the framework of the research project “Informed Choices in Cross-Border Enforcement” (IC2BE-JUSTAG-2016-02) funded by the Justice Programme (2014-2020) of the European Commission.

The project – coordinated by the University of Freiburg and conducted by a consortium comprising the Max Planck Institute Luxembourg for Procedural Law and the Universities of Antwerp, Madrid (Complutense), Milan, Rotterdam and Wroclaw – aims to assess the functioning in practice of the “second generation” of EU Regulations on procedural law for cross-border cases, i.e. the European Enforcement Order (“EEO”), the European Order for Payment (“EPO”), the European Small Claims (as amended by Regulation (EU) 2015/2421) (“ESCP”) and the European Account Preservation Order (“EAPO”) Regulations.

An Empirical Study on European Family and Succession Law (EUFams II)

by Thomas Pfeiffer, University of Heidelberg

EUFams II is a study funded by the European Commission with the objective of assessing the functioning and the effectiveness of European family and succession law. The project is coordinated by the Institute for Comparative Law, Conflict of Laws and International Business Law of Heidelberg University (Prof. Dr. Dr. h.c. Thomas Pfeiffer). Project partners are the Universities of Lund, Milan, Osijek, Valencia and Verona as well as the MPI Luxemburg. The two-year project entails various conferences and research activities, which will be completed by 31 August 2020.

A survey conducted in the first phase of EUFams II generated responses of approximately 1,400 professionals from 17 Member States. The main findings of the survey are presented in a report (with executive summary) drafted by Quincy C. Lobach and Tobias Rapp (Heidelberg University).

Max Planck Institute Luxembourg: Upcoming Conference on International Commercial Courts and the Coordination of Cross-Border Proceedings

The progressive global establishment of international commercial courts has marked a defining moment in the growth of the legal services sector in international commercial dispute resolution. By offering litigants the option of having their disputes adjudicated by experienced and specialized judges, often from both civil law and common law traditions, these courts have resulted in the jurisdictions that embraced them become a choice destination for foreign trade and investment dispute resolution. In this regard, see in particular this publication by Prof. Dr. Marta Requejo Isidro.