Agrégateur de flux

As announced in a previous post, the tenth Congress of Private International Law of the Carlos III University of Madrid will take place on 16 and 17 May 2024. It will be devoted to the recognition and enforcement of decisions in the area of family law and other procedural issues. The speakers include Esperanza Castellanos […]

On 7 and 8 November, the European Legal Studies Institute (ELSI) at the University of Osnabrück, Germany, is hosting a conference on “Enforcement of Rights in the Digital Space”.

The organizers have kindly shared the following Call for Papers with us:

The European Legal Studies Institute (ELSI) is pleased to announce a Call for Papers for a conference at Osnabrück University on November 7th and 8th, 2024.

We invite submissions on the topic of »Enforcement of Rights in the Digital Space« and in particular on the interplay between the current EU acts on the digital space and national law. The deadline for submissions is May 15th, 2024.

Legal Acts regulating the digital space in the European Union, such as the GDPR, the Data Act and the Digital Services Act, establish manifold new rights and obligations, such as a duty to inform about data use and storage, rights of access to data or requests for interoperability. Yet, with regard to many of these rights and obligations it remains unclear whether and how private actors can enforce them. Often, it is debatable whether their enforcement is left to the member states and whether administrative means of enforcement are intended to complement or exclude private law remedies. The substantial overlap in the scope of these legal acts, which often apply simultaneously in one and the same situation, aggravates the problem that the different legal acts lack a coherent and comprehensive system for their enforcement.

The conference seeks to address the commonalities, gaps and inconsistencies within the present system of enforcement of rights in the digital space, and to explore the different approaches academics throughout Europe take on these issues.

Speakers are invited to either give a short presentation on their current work (15 minutes) or present a paper (30 minutes). Each will be followed by a discussion. In case the speakers choose to publish the paper subsequently, we would kindly ask them to indicate that the paper has been presented at the conference. We welcome submissions both from established scholars and from PhD students, postdocs and junior faculty.

All speakers are invited to a conference dinner which will take place on November 7th, 2024. Further, the European Legal Studies Institute will cover reasonable travel expenses.

Electronic submissions with an abstract in English of no more than 300 words can be submitted to [elsi@uos.de]. Please remove all references to the author(s) in the paper and include in the text of the email a cover note listing your name and the title of your paper. Any questions about the submission procedure should be directed to Mary-Rose McGuire [mmcguire@uos.de]. We will notify applicants as soon as practical after the deadline whether their papers have been selected.

Audience solennelle d'éloges funèbres à la mémoire de John L. Murray, Philippe Léger et Waltraud Hakenberg

Escobar / EUIPO (Pablo Escobar)
Propriété intellectuelle et industrielle
Le nom Pablo Escobar ne peut être enregistré en tant que marque de l’Union européenne

In a judgment of 20 February 2024, the Rotterdam District Court awarded a provisional measure in relation to the transfer of property rights regarding a property situated in Spain on condition that proceedings on the merits would be initiated by the claimant before the competent Spanish court. Facts A person identified in the case as […]

We have kindly been informed that a limited number of places remains available at the conference on Informed Consent to Dispute Resolution Agreements on 20 and 21 June in Bremen, which we advertised a couple of weeks ago.

The full schedule can be found on this flyer, which has meanwhile been released.

On 16 April 2024, Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’) has been published in the Official Journal of the European Union. Pursuant to Article 21, […]

A first view article was published online on 12 April 2024 in International and Comparative Law Quarterly.

Raphael Ren, “The Dichotomy between Jurisdiction and Admissibility in International Arbitration”

The dichotomy between jurisdiction and admissibility developed in public international law has drawn much attention from arbitrators and judges in recent years. Inspired by Paulsson’s ‘tribunal versus claim’ lodestar, attempts have been made to transpose the distinction from public international law to investment treaty arbitration, yielding a mixed reception from tribunals. Remarkably, a second leap of transposition has found firmer footing in commercial arbitration, culminating in the prevailing view of the common law courts in England, Singapore and Hong Kong that arbitral decisions on admissibility are non-reviewable. However, this double transposition from international law to commercial arbitration is misguided. First, admissibility is a concept peculiar to international law and not embodied in domestic arbitral statutes. Second, its importation into commercial arbitration risks undermining the fundamental notion of jurisdiction grounded upon the consent of parties. Third, the duality of ‘night and day’ postulated by Paulsson to distinguish between reviewable and non-reviewable arbitral rulings is best reserved to represent the basic dichotomy between jurisdiction and merits.

Marie Linton (Uppsala University) has kindly prepared this presentation of her recent book titled ‘Erkännande och verkställighet av utländska domar i förmögenhetsrätt‘ (Recognition and Enforcement of Foreign Judgments in Commercial Matters), published by Norstedts Juridik 2023. What is the significance of a foreign judgment in Sweden? Is the judgment effective? Can assets in Sweden be seized […]

Béligh Elbalti (Osaka University):
‘Conflict of Laws’ in the Islamic Legal Tradition –
Between the Principles of Personality and Territoriality of the Law

 

Research Group on the Law of Islamic Countries at the Max Planck Institute for Comparative and International Private Law Afternoon Talks on Islamic Law

• DATE: Apr 25, 2024
• TIME: 04:00 PM (Local Time Germany)
• LOCATION: online

more info here.

This post was written by Mathilde Codazzi, who is a doctoral student at Paris II Pantheon-Assas. In a judgment of 7 February 2024, the French Cour de cassation ruled that a compensatory allowance claim (“prestation compensatoire”) brought before French courts after the divorce was granted by a Belgian judgment is inadmissible. Background The spouses had […]

Registrations are still open for Module n°4, which is taking place on April 18th, 2024. 

The speakers are the following:

• Dr Nicolas Nord, Secretary General, CIEC, “The ICCS Activities and Good Practices in the field of International Child Protection”
• Ms Joëlle Schickel-Küng, Deputy Head of Division, Co-Head of Unit, Swiss OFJ, “Cooperation in the area of international child abduction under the 1980 Hague Convention”
• Mr Jean Ayoub, Secretary General, International Social Service, “ISS – Bridging support to vulnerable children on the move”

Price per module registration fee: 200 CHF. More information is available here.

Many will remember the brilliant Austrian-American conflicts scholar Albert A. Ehrenzweig. He is associated with the ‘lex fori theory’, according to which courts faced with cross-border situations should primarily follow their own national law. He is also, together with Eric Jayme, the author of a multi-volume treatise on private international law. This short description does […]

La finale du concours « European Law Moot Court » aura lieu demain à la Cour de justice de l’Union européenne à Luxembourg

The author is Dr. Faidon Varesis, Attorney at Law

Teaching Fellow, National and Kapodistrian University of Athens

PhD (University of Cambridge); MJur (University of Oxford); LLM, LLB (University of Athens).

 

In an era where the resolution of disputes is increasingly moving away from traditional court systems towards alternative methods, the comprehensive collective work in Greek with Professor Charalampos (Haris) P. Pamboukis as editor emerges as both a timely and seminal contribution to the field of arbitration, both nationally within Greece and on an international scale. This book review seeks to delve into the multifaceted contributions of the book, examining its scope, its pioneering contributors, its evolution within Greek law, and its broader implications for dispute resolution globally.

The book begins by exploring the flourishing landscape of arbitration across various domains such as commercial, investment, construction, maritime, and energy disputes, alongside other alternative dispute resolution (ADR) methods. The interest in these mechanisms reflects a societal shift towards less adversarial, more cosmopolitan forms of dispute resolution, aimed at alleviating the burdens on state judiciary systems characterized by procedural rigidity and often excessive delays. The prologue set the stage by discussing the significant legislative and jurisprudential developments in domestic and international arbitration within Greece, highlighting the transformative impact of laws passed from 1999 through to the latest reforms in 2023. Such legislative milestones not only signify Greece’s evolving arbitration framework but also illustrate the dynamic interplay between law, scholarly research, and practical application in shaping effective dispute resolution practices. Furthermore, the book weaves through the theoretical underpinnings and the practical aspects of arbitration agreements, the composition of arbitral tribunals, and the procedural norms governing arbitration proceedings, offering a holistic view of the arbitration landscape.

Central to the book’s discourse is the collaborative effort of esteemed scholars, academics, and practitioners who contribute their insights across various themes. This collective approach not only enriches the book’s content with a diversity of perspectives but also underscores the collaborative spirit within the arbitration community. The inclusion of introductory developments on increasingly significant areas such as investment arbitration and mediation, alongside a critical overview of international arbitration consent and the arbitral process, reflects a comprehensive and forward-looking examination of the field.

The book does not shy away from discussing the inherent challenges within arbitration and the diverse methodological approaches adopted by different contributors. However, these aspects are presented as enriching the scientific pluralism and intellectual rigor of the work rather than detracting from its cohesion.

In addition to its substantive chapters, the book is augmented with appendices that include key legislative and regulatory texts relevant to arbitration and mediation. This practical inclusion underlines the book’s aim to serve as a useful tool for both practitioners and scholars.

In conclusion, this collective work stands as a testament to the evolving and vibrant field of arbitration within Greece and its broader implications on the international stage. It encapsulates the intellectual legacy, the legislative advancements, and the practical insights of a diverse group of contributors, offering a comprehensive resource for understanding and navigating the complexities of arbitration. As such, it represents an invaluable contribution to the legal scholarship and practice of arbitration, both within Greece and beyond, fostering a deeper appreciation for alternative dispute resolution mechanisms in the pursuit of justice and societal harmony.

Puigdemont i Casamajó et Comín i Oliveres / Parlement
Droit institutionnel
Avocat général Szpunar : le refus de l’ancien président du Parlement européen de reconnaître à MM. Carles Puigdemont et Antoni Comín la qualité de députés européens en juin 2019 doit être annulé

Royaume-Uni / Commission e.a.
Aide d'État
Selon l’avocate générale Medina, la Cour de justice devrait annuler la décision de la Commission constatant que le Royaume-Uni a adopté des décisions fiscales anticipatives illégales (conférant des avantages fiscaux à certains groupes multinationaux) entre 2013 et 2018

Land Hessen (Obligation d’agir de l’autorité de protection des données)
Principes du droit communautaire
Protection des données à caractère personnel : selon l’avocat général Pikamäe, l’autorité de contrôle est obligée d’intervenir lorsqu’elle constate une violation dans le cadre de l’examen d’une réclamation

Jacco Bomhoff, Associate Professor at LSE Law School, has published an important article on US conflicts revolution and history of private international law. The title of the article is ‘Rationalising Mid-Century Choice of Law: Legal Technique and its Limits in the “Dark Science” of Conflicts’ and it has been published by the Modern Law Review. […]

Dexia / CRU (Contributions ex ante 2022)
Politique économique
Le calcul des contributions ex ante pour 2022 au Fonds de résolution unique (FRU) est illégal