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Pourvoi c/ Premier président près la Cour d'appel de Bordeaux, 28 janvier 2020

Pourvoi c/ Cour d'appel de Lyon, 5 mars 2020

Tribunal judiciaire de Toulouse, 30 septembre 2020

The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may, in advance, ensure that assets or evidence is secured in advance, or that the other party is required to take steps to secure the status quo. This makes the availability of provisional measures granted by either arbitral tribunals or by courts important to the arbitration process. In this chapter, Ron Brand of the University of Pittsburgh School of Law considers the existing legal framework for such provisional measures in aid of arbitration, giving particular attention to the source of the rules that might govern such relief related to international commercial transactions and the arbitration of disputes they may generate. These include the New York Convention, the applicable lex arbitri, institutional arbitration rules, and the arbitration contract. He considers how these sources do or do not provide a comprehensive and coherent framework for effective dispute resolution – including especially the effective satisfaction of any resulting arbitral award – and some of the ways in which the arbitration clause may be drafted to specifically take into account the often unanticipated, but always possible, need for provisional measures.

TThe article is accessible here

Joseph William Singer (Harvard Law School) has published a new casebook on the American Conflict of Laws (Choice of Law – Patterns, Arguments, Practices). As its titles makes clear, its focus is on choice of law, but the book also includes two chapters on Procedure and Constitutional Law which present issues related to jurisdiction and foreign judgments.

The book is different from other American casebooks on conflict of laws in many respects. For foreign scholars, the most important will probably be that it is far more readable and accessible. US casebooks typically offer extracts of cases followed by questions. This might be good to teach American students to think like a lawyer, but for those who will not attend the class, it is not easy to know what American law actually is. Singer summarises the cases instead, and offers comments and his own views on the development of the law.

In particular, the book is a great source on the trends of the emerging Third Restatement, that Singer presents and assesses. The Restatement is still very much a work in progress, but some chapters have now been approved by the council of the American Law Institute, in particular on choice of law and torts, and the drafts are not freely available. The book offers an excellent insight in the most recent version of December 2019, in particular the new choice of law rules on torts.

The book also promotes a different type of learning. More specifically, it promotes experiential learning through persuasion, and includes for that purpose 11 moot courts exercises.

This book provides a new way to learn about the topic of conflicts of law through experiential learning. Most books describe the approaches that have been adopted over time to decide conflicts of laws. This book describes those approaches and includes the emerging Third Restatement. To promote experiential learning, it does more: First, it explains patterns of cases so that students can fit new cases into established frames of reference. Second, it distinguishes between easy cases and hard cases so students can determine when a case cannot be easily resolved. Third, it provides detailed arguments that are typically made on both sides of hard cases that fit the typical patterns. Fourth, it concludes with moot court exercises that students could perform in class to practice advocacy in this field and judging.

With new requirements to provide students with experiential learning opportunities, this text enables any teacher to give students the tools they need to understand the issues in the field, the reasons why cases are hard, the arguments that are available on both sides, and justifications that judges can give for resolving cases one way or the other.

Finally, the book ends with a chapter addressing the issues arising out of the existence of Indian nations and tribal sovereignty in the US, which add 573 governments in the conflicts equation, and are typically neglected in US conflicts books.

Pourvoi c/ Cour d'appel d'Aix-En-Provence, 29 juillet 2020

Pourvoi c/ Cour d'appel d'Amiens, 14 février 2020

Pourvoi c/ Cour d'appel de Paris, 17 août 2020

Pourvoi c/ Cour d'appel de Poitiers, 7 avril 2020

Pourvoi c/ Cour d'appel de Grenoble, 26 novembre 2019

Pourvoi c/ Cour d'appel de Nîmes

We have already reported on PSEFS, that stands for “Personalized Solution in European Family and Succession Law”, a co-funded EU Justice project, on two occasions: here and here.

On Tuesday 20 & Wednesday 21 October 2020 the project leader University of Camerino and its partners are organising the Final PSEFS Project Events to disseminate at the project results and discuss the pressing issues in the area of cross-border implications of couples’ property and succession. Rich programme includes many speakers from justice and academia. The event will take place online and participation is free of charge while registration is mandatory – here.

Most recent project outcomes include:
– handbook available in 5 languages: M.J. Cazorla González, M. Giobbi, J. Kramberger Škerl, L. Ruggeri & S. Winkler (eds.), Property Relations of Cross-Border Couples in the European Union, Napoli, Edizioni Scientifiche Italiane, 2020.
– model documents and guidelines for practitioners in 5 languages: M.J. Cazorla González, L. Ruggeri (eds.), Guidelines for practitioners in cross-border family property and succession law (A collection of model acts accompanied by comments and guidelines for their drafting), Dykinson, 2020.
Both are available via this link at the bottom of the page.