Tag Archive for: private international law

HCCH Internship Applications Now Open!

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Applications are now open for three- to six-month legal internships at the Permanent Bureau’s headquarters in The Hague, for the period from July to December 2023!

Interns work with our legal teams in the areas of Family and Child Protection Law, Transnational Litigation and Legal Cooperation, and Commercial, Digital and Financial Law. Duties may include carrying out research on particular points of private international law and/or comparative law, taking part in the preparation of HCCH meetings and contributing to the promotion of the HCCH and its work.

Applications should be submitted by 31 March 2023. For more information, please visit the Internships Section of the HCCH website.

 

 

 

 

 

 

Supreme Court of Canada on International Child Abduction

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Written by Stephen G.A. Pitel, Faculty of Law, Western University

The Supreme Court of Canada has released its decision in F v N, 2022 SCC 51 (available here) and the decision offers some important observations about the law on international child abduction. The court held 5-4 that two young children taken by their mother from UAE to Ontario are to be returned to their father in UAE.

The father and mother were engaged in a dispute over custody rights of the children. The court noted that in the removal/return context, it was not deciding the custody issue but rather deciding which court – Ontario or UAE – would decide that issue [para 1]. Because UAE is not a party to the Convention on the Civil Aspects of International Child Abduction, the issue of whether the children should be returned to UAE arose under Ontario legislation (Children’s Law Reform Act, RSO 1990, c C.12), though the court noted similarities between the two regimes [para 52].

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HCCH Monthly Update: November 2022

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Conventions & Instruments

On 1 November 2022, the 2000 Protection of Adults Convention entered into force for Greece. The Convention currently has 14 Contracting Parties. More information is available here.

On 11 November 2022, Malta signed the 2000 Protection of Adults Convention, during the first meeting of the Special Commission on the Practical Operation of the Convention. The Convention will enter into force for Malta further to the deposit of its instrument of ratification, in accordance with Article 53 of the Convention. More information is available here.

On 14 November 2022, Botswana deposited its instrument of accession to the 1980 Child Abduction Convention, 1993 Adoption Convention, and 2007 Child Support Convention. With the accession of Botswana, the Child Abduction Convention now has 103 Contracting Parties. It will enter into force for Botswana on 1 February 2023. For the Adoption Convention, with the accession of Botswana it now has 105 Contracting Parties. The Convention will enter into force for Botswana on 1 March 2023. Finally, following the accession of Botswana 45 States and the European Union are bound by the Child Support Convention. It will enter into force for Botswana on 16 November 2023. More information is available here.

 

Meetings & Events

On 8 November 2022, the HCCH’s Regional Office for Asia and the Pacific hosted the workshop “HCCH Conventions Supporting Transnational Litigation in Civil or Commercial Matters”, in partnership with the Department of Justice of the Government of the Hong Kong SAR. The workshop was held during Hong Kong Legal Week 2022, in celebration of the tenth Anniversary of the Regional Office for Asia and the Pacific. More information is available here.

From 9 to 11 November 2022, the First Meeting of the Special Commission on the Practical Operation of the 2000 Protection of Adults Convention was held in The Hague, attended by over 100 participants, in person and via videoconference, representing Contracting Parties, HCCH Members, and Observers. The meeting resulted in the adoption of over 70 Conclusions & Recommendations, which provide guidance to (prospective) Contracting Parties on a wide range of issues relating to the implementation and practical operation of this Convention. More information is available here.

 

Vacancies

Applications are now open for the position of Head of Human Resources (part-time, 75% or less). The deadline for the submission of applications is 9 December 2022. More information is available here.

 

These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.

HCCH Monthly Update: October 2022

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Conventions & Instruments

On 1 October 2022, the 2007 Child Support Convention entered into force for the Philippines. At present, 44 States and the European Union are bound by the Convention. More information is available here.

On 4 October 2022, Cabo Verde deposited its instrument of accession to the 1980 Child Abduction Convention and 1996 Child Protection Convention. With the accession of Cabo Verde, the Child Abduction Convention now has 102 Contracting Parties. It will enter into force for Cabo Verde on 1 January 2023. For the Child Protection Convention, with the accession of Cabo Verde it now has 54 Contracting Parties. The Convention will enter into force for Cabo Verde on 1 August 2023. More information is available here.

 

Meetings & Events

From 18 to 20 October 2022, HCCH Asia Pacific Week was held in Manila in hybrid format. The conference provided the opportunity for the exchange of ideas and viewpoints from across Asia and the Pacific on some of the most prominent HCCH Conventions and instruments, as well as on the HCCH’s ongoing normative projects and possible future work, in the areas of transnational litigation and legal cooperation, international family and child protection law, and commercial, digital, and financial law. More information is available here.

From 17 to 21 October 2022, the Experts’ Group on Parentage / Surrogacy met for the twelfth time. The Group discussed the content of the final report that is to be presented to the Council on General Affairs and Policy at its 2023 meeting, in which the Group will present its assessment of the feasibility of one or more private international law instruments on legal parentage. More information is available here.

 

Upcoming Events

To celebrate the tenth anniversary of the HCCH Regional Office for Asia and the Pacific, a workshop on the HCCH Conventions in the area of transnational litigation in civil or commercial matters will be held on 8 November, as part of Hong Kong Legal Week 2022. Participation is free of charge, although advance registration is required. More information is available here.

 

These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.

HCCH Internship Applications Now Open!

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Applications are now open for three- to six-month legal internships at the Permanent Bureau’s headquarters in The Hague, for the period from July to December 2022!

Interns work with our legal teams in the areas of Family and Child Protection Law, Transnational Litigation, Legal Cooperation, and Commercial and Financial Law. Duties may include carrying out research on particular points of private international law and/or comparative law, taking part in the preparation of HCCH meetings and contributing to the promotion of the HCCH and its work.

Due to the current global situation and the associated travel limitations and restrictions, the Permanent Bureau may consider the possibility that internships be carried out remotely. Interns may also be eligible for a monthly stipend.

Applications should be submitted by 17 March 2022. For more information, please visit the Internships Section of the HCCH website.

This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH). 

Virtual workshop on ‘Smart Court in Cross-Border Litigation’

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On Tuesday, 4 January 2022 at 11 am (CET) Max Planck Institute on Comparative and International Private Law will host a virtual workshop in the series “Current Research in Private International Law”.  Professor Zheng Sophia Tang (Wuhan University) will speak on “Smart Court in Cross-Border Litigation”. You can find more details here.

 

About the speaker:

Zheng (Sophia) Tang is a professor at the Wuhan University Institute of International Law, an Associate Dean at the Wuhan University Academy of International Law and Global Governance (China Top Thinktank), and a visiting professor at the Newcastle University. She is a barrister, an arbitrator and a mediator. 

 

About the topic:

Smart courts integrate modern technology in the court proceedings to improve the efficiency of trial. It can particularly benefit cross-border litigation, which is remarked by the cost and inconvenience for a party to take part in proceedings abroad. However, the current construction of smart courts primarily focuses on domestic trials and leaves the cross-border litigation behind. Although technology can improve procedural efficiency, legal obstacles in cross-border litigation make the efficiency impossible to achieve. Identity verification, service of proceedings, evidence and hearing are four examples demonstrating how the current law, especially the old-fashioned concept of sovereignty, hampers the functioning of smart courts in cross-border litigation. In order to fully embrace the benefit of smart courts, the concept of judicial sovereignty needs to be reconceptualised in the age of technology.

 

About the virtual workshop series:

The virtual workshop series “Current Research in Private International Law” is organised by Prof. Dr. Ralf Michaels and Michael Cremer. The series features guest speakers and Institute staff members who present and discuss their work on current developments and research topics in private international law. The workshops are geared to scholars who are researching in the field of private international law, but attendance is open to all individuals having an academic interest (including doctoral candidates and students).

 

The virtual workshop will be held as a video conference via Zoom. After having registered no later than 3 January 2022 using this LINK you will receive the login details on Monday afternoon. Please confirm upon registration that you agree to the use of Zoom and that you will not record the event. By attending the event you confirm that you have read and agreed to Zoom’s Terms of Service and Privacy Policy. You will find them here and here.

Revised Canadian Statute on Jurisdiction

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Written by Stephen G.A. Pitel, Western University

Many Canadian and some other conflicts scholars will know that the Uniform Law Conference of Canada (ULCC) has drafted (in 1994) model legislation putting the taking of jurisdiction and staying of proceedings on a statutory footing. This statute, known as the Court Jurisdiction and Proceedings Transfer Act (CJPTA), has subsequently been adopted and brought into force in 4 of Canada’s 13 provinces and territories (British Columbia, Saskatchewan, Nova Scotia, Yukon).

The ULCC has now released a revised version of the CJPTA. It is available here and background information is available here.

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Ducking the Ricochet: The Supreme Court of Canada on Foreign Judgments

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Written by Stephen G.A. Pitel, Western University

The court’s decision in HMB Holdings Ltd v Antigua and Barbuda, 2021 SCC 44 (available here) is interesting for at least two reasons. First, it adds to the understanding of the meaning of “carrying on business” as a test for being present in a jurisdiction. Second, it casts doubt on the application of statutory registration schemes for foreign judgments to judgments that themselves recognize a foreign judgment (the so-called ricochet).

In this litigation HMB obtained a Privy Council judgment and then sued to enforce it in British Columbia. Antigua did not defend and so HMB obtained a default judgment. HMB then sought to register the British Columbia judgment in Ontario under Ontario’s statutory scheme for the registration of judgments (known as REJA). An important threshold issue was whether the statutory scheme applied to judgments like the British Columbia one (a recognition judgment). In part this is a matter of statutory interpretation but in part it requires thinking through the aim and objectives of the scheme.

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HCCH Monthly Update: September 2021

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Membership

On 9 September 2021, Honduras deposited its instrument of acceptance of the Statute, becoming the 90th Member of the HCCH. More information is available here.

Conventions & Instruments

On 1 September 2021, the HCCH 1993 Adoption Convention entered into force for Niger. The Convention currently has 104 Contracting Parties. More information is available here.

On 16 September 2021, Costa Rica signed the HCCH 2019 Judgments Convention. Although the 2019 Judgments Convention is not yet in force, Costa Rica is its fourth signatory. More information is available here.

On 16 September 2021, the HCCH 1961 Apostille Convention entered into force for Singapore. The Convention currently has 120 Contracting Parties. More information is available here.

Meetings & Events

On 14 and 15 September 2021, the Experts’ Group on Family Agreements met for the fifth time, via videoconference. The Group discussed the most recent revision of the draft Practical Guide on cross-border recognition and enforcement of agreements reached in the course of family matters involving children. More information is available here.

From 28 to 30 September 2021, the Working Group on Preventing and Addressing Illicit Practices in Intercountry Adoption met via videoconference. The Group continued to work on the development of a Toolkit aimed at preventing and addressing illicit practices in intercountry adoptions made under the HCCH 1993 Adoption Convention. More information is available here.

On 28 September 2021, the HCCH Regional Office for Asia and the Pacific hosted the webinar “HCCH|Approach: Twenty-Five Years of the HCCH 1996 Child Protection Convention in the Asia and Pacific Region: Present, Development and Future”. More information is available here.

Publications & Documentation

On 23 September 2021, the Permanent Bureau announced the publication of 19 new translations of the Guide to Good Practice under the Child Abduction Convention: Part VI – Article 13(1)(b). With these new translations, the Guide to Good Practice is now available in 23 European Union (EU) languages. More information is available here.

Other

On 22 September 2021, the Permanent Bureau announced the successful outcome of a new EU Action Grant application for iSupport. This new project will be called iSupport ITMF (International Transfer of Maintenance Funds), as it will aim at establishing a link between the iSupport software and bank accounts held by Central Authorities. More information is available here.

 

These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.

HCCH|Approach Global Event

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The HCCH is pleased to announce that registration for the HCCH|Approach Global Event is now open!

Join us online on Tuesday, 19 October for a day of panel discussions and talks by global experts on occasion of the 25th anniversary of the HCCH 1996 Child Protection Convention.

How does the Convention impact children on the move? What is its significance to the implementation of the UN Convention on the Rights of the Child? How does it apply to matters of relocation, custody and contact? Hear more about these and other topics on 19 October!

For more information, please visit the HCCH|Approach webpage.

To attend, please fill out the registration form.