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Deference to Foreign Sovereign Submissions

As previously reported here, the United States Court of Appeals for the Second Circuit issued a decision in 2016 reversing a $147.8 million price-fixing judgment against two Chinese manufacturers of Vitamin C. The plaintiffs alleged that the Chinese manufacturers engaged in price fixing and supply manipulation in violation of U.S. antitrust laws. In its first ever appearance as an amicus before a U.S. court, the Chinese government filed a formal statement asserting that Chinese law required the Chinese manufacturers to set prices and reduce the quantities of Vitamin C sold abroad. Relying on this statement, the Second Circuit held that because the Chinese manufacturers could not comply with both Chinese law and the U.S. antitrust laws, principles of international comity compelled dismissal of the case.

Jurisdiction, Conflict of Laws and Data Protection in Cyberspace

Report on the Conference held in Luxembourg on 12 October 2017, by Martina Mantovani, Research Fellow MPI Luxembourg

On 12 October 2017, the Brussels Privacy Hub (BPH) at the Vrije Universiteit Brussel and the Department of European and Comparative Procedural Law of the Max Planck Institute Luxembourg held a joint conference entitled “Jurisdiction, Conflicts of Law and Data Protection in Cyberspace”. The conference, which was attended by nearly 100 people, included presentations by academics from around the world, as well as from Advocate General Henrik Saugmandsgaard Øe of the Court of Justice of the European Union. The entire conference was filmed and is available for viewing on the YouTube Channel of the Max Planck Institute Luxembourg (first and second parts) (more…)

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.

News

Some Brexit news (part III): The UK ratification of the HCCH Child Support Convention and the UK accession to the HCCH Choice of Court Convention remain suspended until 1 February 2020

This week the Depositary of the HCCH Conventions informed all Contracting Parties that the UK ratification of the HCCH Child Support Convention and the UK accession to the HCCH Choice of Court Convention, including the UK extension to Gibraltar under both Conventions, remain suspended until 1 February 2020.

The above is pursuant to the declaration made by the United Kingdom on 30 October 2019, which informed the Depositary that “the European Council has agreed a further extension of the period for the withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on the European Union (the “Extension Period”) which would last until 31 January 2020, or any of the earlier specified dates on which the Withdrawal Agreement enters into force.”

Recruiting a Postdoc researcher on ADR ERC project EU Civil Justice in Rotterdam

Erasmus School of Law has a vacancy for a postdoc position for a subproject on ADR within the ERC Consolidator project: ‘Building EU civil justice: challenges of procedural innovations bridging access to justice’ (EU-JUSTICE)

DynamInt: 7 PhD positions at Humboldt-University Berlin

The Faculty of Law of Humboldt-University Berlin invites applications for 7 doctoral positions (Research fellowships with 3/4-part-time-employment – E 13 TV-L HU1, third party funding, short-term until 30 November 2021, prolongation is possible; engagement intended until 1 December 2019)

Job description:

  • Research activities in the doctoral programme “Dynamic Integration – Law in-between Harmonisation and Plurality in Europe (DynamInt)” funded by the Deutsche Forschungsgemeinschaft (German Research Foundation, GRK 2483);
  • Activities for your own scientific qualification (PhD within the thematic areas of the doctoral programme).

You can find more information about the post graduate program DynamInt online: https://www.rewi.hu-berlin.de/de/lf/oe/rhp/index.htm

Requirements

  • First German State Examination in Law or Master Degree in Law (preferably with distinction or better);