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On 28 September 2020, the United Kingdom of Great Britain and Northern Ireland deposited its instrument of accession to the HCCH Convention of 30 June 2005 on Choice of Court Agreements (2005 Choice of Court Convention) and its instrument of ratification to the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Child Support Convention). The full text of the HCCH’s announcement is here.

Guillaume Payan (University of Toulon, France) edited a Compendium of the Hague Conventions and Protocols enriched by case law from Belgian, French, Luxembourg and Swiss jurisdictions, as well as European jurisdictions (CJUE and ECtHR), published by Bruylant (Conventions et Protocoles de La Haye annotés : Recueil annoté avec les jurisprudences des juridictions belges, françaises, luxembourgeoises et suisses ainsi que des juridictions européennes).

The author has provided the following abstract in English:

Established 125 years ago, the main goal of the Hague Conference on Private International Law (HCCH) is to work for the progressive unification of the private international law rules. Against that background, international conventions are negotiated and, by now, 40 conventions have already been adopted. The most recent is the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

This book brings together all of these Conventions and Protocols, enriched by numerous doctrinal references and more than 600 case law references from Belgian, French, Luxembourg and Swiss jurisdictions.

Are also included judgments of the Court of Justice of the European Union and the European Court of Human Rights. The European Courts also have to integrate the Hague Conventions into their reasoning.

Finally, the book contains practical information on the Contracting Parties to the various conventions and on any declarations formulated by the Contracting Parties, as well as on the Central Authorities designated for the proper application of the conventions.

This work is prefaced by Christophe Bernasconi (Secretary General of the Hague Conference).

Contributors to the book include : Lora Arnould (Lawyer in Brussels, Belgium), Aude Berthe (Judge in Liège, Belgium), Prof. François Bohnet (University of Neuchâtel, Switzerland), Catalina Constantina (University of Neuchâtel, Switzerland), Carmela -Milena Liccardo (Lawyer in Brussels, Belgium) and Prof. Séverine Menetrey (University of Luxembourg, Luxembourg)

The book’s table of contents can be found here. For further information see here.

Yesterday (28 September 2020), the United Kingdom “deposited its instrument of accession to the HCCH Convention of 30 June 2005 on Choice of Court Agreements […] and its instrument of ratification to the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance”. The United Kingdom is currently bound by these conventions “by virtue of the approval of the European Union. These new instruments of accession and ratification ensure continuity in the application of these Conventions after the conclusion of the transition period following the withdrawal of the United Kingdom from the EU. Both Conventions will continue to be applicable to and in the United Kingdom until 31 December 2020, in accordance with the Withdrawal Agreement. The 2005 Choice of Court Convention and 2007 Child Support Convention will then enter into force for the United Kingdom on 1 January 2021”.

Source: here

Celebrating the 40th birthday of the Austrian Private International Law Act, scholars from numerous European countries have contributed to a festschrift of more than 400 pages edited by Florian Heindler (Sigmund Freud University Vienna). The essays focus on the possible reform of the Austrian PIL Act, its value, and its role as a national PIL Codification influenced and partly derogated by EU legislation. The contributions from Andrea Bonomi (in English), Axel Flessner, Fabienne Jault-Seseke, Thomas John, Caroline Sophie Rupp, Thomas Bachner, Ena-Marlis Bajons Wolfgang Faber, Edwin Gitschthaler, Florian Heindler, Helmut Heiss, Brigitta Lurger, Martina Melcher, Andreas Schwartze, and Bea Verschraegen deal with the general part of the PIL act and specific issues such as conflict of laws in family, property, succession, and company law matters.

The table of contents can be accessed here.

Haris Meidanis’ new article on international mediation has just appeared at the current issue (2020/2) of the Journal of Private International Law under the title Enforcement of mediation settlement agreements in the EU and the need for reform.

In this article he discusses the current status of EU law on cross-border enforcement of Mediated Settlement Agreements (MSAs) focusing mainly on non-family law matters. Directive 2008/52 states the form an MSA may take under the national legislation, as the basis of cross-border enforcement. Given (a) the polyphony of national legislation as to the form an MSA may take for enforcement purposes and (b) the meaning of “judgment” under EU private international law and the Solo Kleinmotoren case, it is suggested that a level playing field as to cross-border enforcement of MSAs in the EU is not guaranteed. Further, it is suggested that MSAs constitute the outcome of a third distinct dispute resolution category, next to judgments and awards, and are also distinct to contracts. It is concluded that a reform of EU law seems necessary in order to mitigate the above lack of an equal level playing field and to take into account the special character of MSAs.

This is the third recent article on international mediation by the same writer, following the one published with Arbitration (the law review of CIArb) on Vol 85-Feb 2019, pp. 49-64, under the title International Enforcement of Mediated Settlement Agreements – Two and a half models, and the one published with ICC’s Dispute Resolution Bulletin (Issue 1, 2020, pp. 41-52) under the title International Mediation and Private International Law.

The CIArb article presents the various models regarding international enforcement of Mediated Settlement Agreements (namely the ones of the Singapore Convention of 2019 of the EU and of the New York Convention of 1958 (the “half model”) and makes the related comparison, while the ICC article presents the basic issues that may appear in an international mediation, from a PIL perspective.