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Grounds for Refusal of Recognition of (Quasi-) Annex Judgements in the Recast European Insolvency Regulation

Written by Zoltán Fabók, Fellow of INSOL International, Counsel at DLA Piper (Hungary) and PhD Candidate at Nottingham Trent University

Insolvency-related (annex) actions and judgements fall within the scope of the Recast European Insolvency Regulation (‘Recast EIR’). That instrument both determines international jurisdiction regarding annex actions and sets up a simplified recognition system for annex judgements. However, tension between the Recast EIR’s provisions on jurisdiction and recognition arises when a court of a state different from the state of insolvency erroneously assumes jurisdiction for annex actions. Such ‘quasi-annex’ judgements rendered by foreign courts erroneously assuming jurisdiction threaten the integrity of the insolvency proceedings. Besides, the quasi-annex judgements may violate the effectiveness and efficiency of the insolvency proceedings as well as the principle of legal certainty.

Egyptian Court of Cassation on the application of the Hague Service Convention

[The author wishes to thank Justice Hossam Hesham Sadek, Vice President of the Civil and Commercial Chamber of the Court of Cassation, and reporting judge in the case at hand, for granting access to the Supreme Court’s ruling].

1.  Introduction

In a recent ruling (22/05/2017), the Egyptian Court of Cassation tackled with the issue of service of process abroad. The facts of the case were the following: The claimant (and appellant) was an Egyptian Medical Equipment company, situated in Cairo. The respondents and appellees were a Chinese company, with its seat in Nanshan district, Shenzen, the Egyptian General Organization for Import and Export Control, and an Egyptian company, with its seat in Heliopolis, Cairo.

2. Facts and instance ruling

The Justice Initiative Frankfurt am Main 2017

Written by Prof. Dr. Dres. h.c. Burkhard Hess, Executive Director Max Planck Institute Luxembourg for Procedural Law

Against the backdrop of Brexit, an initiative has been launched to strengthen Frankfurt as a hot spot for commercial litigation in the European Judicial Area. On March 30, 2017, the Minister of Justice of the Federal State Hessen, Ms Kühne-Hörmann, organized a conference at which the Justice Initiative was presented. More  than 120 stakeholders (lawyers, judges, businesses) attended the conference. The original paper was elaborated by Professors Burkhard Hess (Luxembourg), Thomas Pfeiffer (Heidelberg), Christian Duve (Heidelberg) and Roman Poseck (President of the Frankfurt Court of Appeal). Here, we are pleased to provide an English translation of the position paper with some additional information on German procedural law for an international audience. The proposal has, as a matter of principle, been endorsed by the Minister of Justice. Its proposals are now being discussed and shall be implemented in the next months to come. The paper reads as follows: (more…)

News

Milan, 25-26 October: Blockchain, Law and Governance

On 25 and 26 October 2019 Benedetta Cappiello and Gherhardo Carullo from the Università degli Studi di Milano will host a conference dealing with blockchain from a legal perspective. The focus is on the positive effects that this technology can generate. Special attention is paid to projects that aim to promote sustainability through blockchain solutions. One of the panels is devoted to jurisdiction and the law applicable to smart contracts.

The conference aims at:

  • offering a critical analysis of the potential benefits and legal risks of distributed ledger technologies;
  • scrutinizing opportunities offered by blockchain technology and possible regulatory frameworks;
  • discussing the legal implications of blockchain technologies;
  • presenting real-world blockchain projects applied to society;

Gender and PIL (GaP): A New Transdisciplinary Research Project

written by Ivana Isailovic & Ralf Michaels 

We are excited to announce the launch of a new transdisciplinary research project,  Gender and Private International Law (GaP), based at the Max Planck Institute for Comparative and International Private Law (MPI). 

This project is born out of a sense of scholarly and political urgency in a rapidly shifting world, where both conversations about gender equality and a powerful backlash against gender and LGBTQI justice are on the rise. Unlike other legal fields, private international law (“PIL”) has for the most part been absent from this conversation, with some rare (here, here & here) exceptions (see also the panel on women & PIL). The field is almost never analyzed using the concept of ‘gender’, or using methodologies and ideas developed by gender studies scholars. Similarly, scholars working on gender and the law tend to overlook how PIL regulates gender and distributes power and privilege at the transnational level. Transnational studies focusing on gender, often prioritize human rights analyses, or cultural issues, ignoring how PIL techniques and practices interact with identity, and negotiate differences.

Out now: Recognition and Enforcement of Judgments in Civil and Commercial Matters

This book is published as part of Hart’s Studies in Private International Law- Asia series. It is edited by Anselmo Reyes who is a Guest Professor at the Law Faculty of Doshisha University  and an International Judge of the Singapore International Commercial Court.

The publisher’s blurb is as follows:

“This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development.