Conflictoflaws

The second edition of “Rome Regulations: Commentary on the European Rules of the Conflict of Laws”, edited by Gralf-Peter Calliess (Chair for Private Law, Private International Law, International Business Law and Legal Theory, University of Bremen), has just been published by Wolters Kluwer (1016 pp, 250 €). The second edition provides a systematic and profound article-by-article commentary on the Rome I, II and III Regulations. It has been extensively updated and rewritten to take account of recent legal developments and jurisprudence in the field of determining the law applicable to contractual (Rome I) and non-contractual (Rome II) obligations. It also contains a completely new commentary on the Rome III Regulation regarding the law applicable to divorce and separation. The aim of the book is to provide expert guidance from a team of leading German, Austrian and Swiss private international law scholars to judges, lawyers, and practitioners throughout Europe and beyond.

In her review of the first edition, my dear fellow conflictoflaws.net co-editor Giesela Rühl complained about a lack of diversity, pointing out that the circle of authors consisted exclusively of younger, male scholars (RabelsZ 77 [2013], p. 413, 415 in fn. 6). Well, not only have we male authors grown older since then; we now have quite a number of distinguished female colleagues on board, too: Susanne Augenhofer, Katharina de la Durantaye, Kathrin Kroll-Ludwigs, Eva Lein and Marianne Roth. For further details, see here.

“This book does what it promises, which is to provide judges and practitioners with easy access to the contents and interpretation of provisions of the Rome I and II Regulations. The thoroughness of the commentaries on most of the provisions also makes it a recommended read for scholars needing a quick orientation regarding several provisions, or wanting to make sure they have not missed out on important background information. A welcome addition to the various topic-based treatises regarding Rome I and II Regulations, the book has succeeded in its goal of furthering the valuable German tradition in terms of the European discourse.” (Xandra Kramer, review of the first edition, Common Market L. Rev. 2014, p. 335, 337)

ArbitralWomen, Transnational Dispute Management and Ashurst are hosting an event in London on 2 July 2015 for the launch of the TDM Special Issue on “Dealing with Diversity in International Arbitration.” The event will be followed by a drinks reception.

This Special Issue will analyse discrimination and diversity in international arbitration. It will examine new trends, developments, and challenges in the use of practitioners from different geographical, ethnic/racial, religious backgrounds as well as of different genders in international arbitration, whether as counsel or tribunal members. The launch of the Special Issue will be followed by the launch of the AW New Website.

Download the brochure here.

With renewable energy disputes seemingly everywhere these days, OGEL and TDM have published a special joint issue focusing on these disputes at the level of international, European and national law. Below is the table of contents:

Introduction – Renewable Energy Disputes in the Europe and beyond: An Overview of Current Cases, by K. Talus, University of Eastern Finland

Renewable Energy Disputes in the World Trade Organization, by R. Leal-Arcas, Queen Mary University of London, and A. Filis

Aggressive Legalism: China’s Proactive Role in Renewable Energy Trade Disputes?, by C. Wu, Academia Sinica, and K. Yang, Soochow University (Taipei)

Mapping Emerging Countries’ Role in Renewable Energy Trade Disputes, by B. Olmos Giupponi, University of Stirling

Green Energy Programs and the WTO Agreement on Subsidies and Countervailing Measures: A Good FIT?, by D.P. Steger, University of Ottawa, Faculty of Law

EU’s Renewable Energy Directive saved by GATT Art. XX?, by J. Grigorova, Paris 1 Pantheon Sorbonne University

Retroactive Reduction of Support for Renewable Energy and Investment Treaty Protection from the Perspective of Shareholders and Lenders, by A. Reuter, GÖRG Partnerschaft von Rechtsanwälten

Renewable Energy Disputes Before International Economic Tribunals: A Case for Institutional ‘Greening’?, by A. Kent, University of East Anglia

Renewable Energy Claims under the Energy Charter Treaty: An Overview, by J.M. Tirado, Winston & Strawn LLP

Non-Pecuniary Remedies Under the Energy Charter Treaty, by A. De Luca, Università Commerciale Luigi Bocconi

Joined Cases C-204/12 to C-208/12, Essent Belgium, by H. Bjørnebye, University of Oslo, Faculty of Law

Ålands Vindkraft AB v Energimyndigheten – The Free Movement Law Perspective, by S.L. Penttinen, UEF Law School, University of Eastern Finland

Recent Renewables Litigation in the UK: Some Interesting Cases, by A. Johnston, Faculty of Law, University College (Oxford)

The Rise and Fall of the Italian Scheme of Support for Renewable Energy From Photovoltaic Plants, by Z. Brocka Balbi

The Italian Photovoltaic sector in two practical cases: how to create an unfavorable investment climate in Renewables, by S.F. Massari, Università degli Studi di Bologna

Renewable Energy and Arbitration in Brazil: Some Topics, by E. Silva da Silva, CCRD-CAM / Brazil-Canada Chamber of Commerce, and N. Sosa Rebelo, Norte Rebelo Law Firm

Renewable Energy in the EU, the Energy Charter Treaty, and Italy’s Withdrawal Therefrom, by A. De Luca, Università Commerciale Luigi Bocconi

Excerpts of these articles are available here and here

A voluminous Festschrift in honour of Gerhard Wegen has recently been published: Christian Cascante, Andreas Spahlinger and Stephan Wilske (eds.), Global Wisdom on Business Transactions, International Law and Dispute Resolution, Festschrift für Gerhard Wegen zum 65. Geburtstag, Munich (CH Beck) 2015; XIII, 864 pp., 199 €. Gerhard Wegen is not only one of the leading German M & A lawyers and an internationally renowned expert on commercial arbitration, but also a honorary professor of international business law at the University of Tübingen (Germany) and a co-editor of a highly successful commentary on the German Civil Code (including private international law). This liber amicorum contains contributions both in English and in German on topics related to international business law, private international and comparative law as well as various aspects of international dispute resolution. For conflictoflaws.net readers, contributions on Unamar and mandatory rules (Gunther Kühne, p. 451), international labour law (Stefan Lingemann and Eva Maria Schweitzer, p. 463), problems of characterization in international insolvency law (Andreas Spahlinger, p. 527) and marital property law in German-French relations (Gerd Weinreich, p. 557) may be of particular interest. Moreover, a large number of articles is devoted to international commercial arbitration (pp. 569 et seqq.). For the full table of contents, see here.

Another recent Festschrift has been published in honour of Wulf-Henning Roth, professor emeritus at the University of Bonn: Thomas Ackermann/Johannes Köndgen (eds.), Privat- und Wirtschaftsrecht in Europa, Festschrift für Wulf-Henning Roth zum 70. Geburtstag, Munich (CH Beck) 2015; XIV, 744 pp., 199 €. Although Roth is generally recognized as one of the leading German conflicts scholars of his generation, this liber amicorum is focused mainly on substantive private and economic law, both from a German and a European perspective. Nevertheless, readers interested in choice of law may discover some gems that deserve close attention: Wolfgang Ernst deals with English judge-made case-law as the applicable foreign law (p. 83), Johannes Fetsch analyses Article 83(4) of the EU Succession Regulation (p. 107), Peter Mankowski looks at choice-of-law agreements in consumer contracts (p. 361), Heinz-Peter Mansel publishes a pioneering study on mandatory rules in international property law (p. 375), and Oliver Remien presents a survey on the application of the law of other Member States in the EU (p. 431). For the full table of contents, see here.

The summer Séminaire de Droit Comparé et Européen is a common venture of Italian and French jurists taking place in Urbino (Italy) since 1959 – this edition makes therefore the number 57. The underlying idea is to provide for a place and time for the gathering of jurists, mainly, but not only, from European countries, and thus contribute to the development of knowledge of Comparative,  International (both public and private) and European law.

This year’s seminar will be held in August, 17th to 29th, counting with speakers from various countries and institutions, among which Prof. M.E. Ancel, C. Nourissat, A. Giussani, A.R. Markus, L. Mari or I. Pretelli. Practitioners -lawyers, mediators, arbitrators and notaries- are also involved. Presentations may be in French, English or Italian; a summarized translation may be asked for.

The whole program as well as email addresses for further information is downloadable here.

The British Columbia Court of Appeal has upheld an interlocutory injunction made against Google Inc., a non-party, in litigation between Equustek Solutions Inc. and Datalink Technologies Gateways Inc.  The decision is available here.

The plaintiffs alleged that the defendants had counterfeited their product.  In an effort to prevent the defendants from selling the counterfeit product, which was being done over the internet, the plaintiffs sought and obtained an interlocutory injunction against Google Inc., a Delaware corporation based in California, ordering it to exclude a list of certain web sites from search results.  The aim was to stop customers from finding the defendants.  Google Inc. appealed the injunction on several grounds.

The court concluded that it had in personam jurisdiction over Google Inc. because it conducted business in the province: it advertised to residents of British Columbia and it actively obtained data for use in its search engines in British Columbia.  It held that the fact that Google Inc. was a non-party did not prevent the making of the injunction as against it.  It also held that the fact that the injunction had extraterritorial effects, requiring Google Inc. to take steps outside British Columbia, was not a valid objection.  On these issues the court reviewed several leading United Kingdom cases, including The Siskina, Channel Tunnel Group and South Carolina Insurance.  It also commented favourably on the recent decision in Cartier International AG v British Sky Broadcasting Limited, [2014] EWHC 3354 (Ch.).  Key Canadian authorities relied on include MacMillan Bloedel, BMWE and Minera Aquiline Argentina.

The decision is likely to be important on the question of what it means to carry on business over the internet.

On 11 June 2015, the European Union deposited its instrument of approval of the Hague Convention of 30 June 2005 on Choice of Court Agreements.

Two declarations are appended to the instrument of approval: a declaration under Article 30 (i.e. a declaration regarding the competences exercised by a Regional Economic Integration Organisation, to be made when such an Organisation accedes to the Convention without its Member States), and a declaration regarding the succession of the European Union to the European Community.

The move of the European Union paves the way to the entry into force of the Convention. Pursuant to Article 31(1), the Convention shall in fact “enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance, approval or accession”. The first of these instruments was the instrument of ratification deposited by Mexico in 2007.

The Convention will thus enter into force for Mexico and the European Union on 1 October 2015.