Agrégateur de flux

Cour d'appel de Rennes, 7 novembre 2019

Pourvoi c/ Cour d'appel de Paris, 3 avril 2019

Pourvoi c/ Chambre de l'application des peines de la Cour d'appel de Paris, 14 mars 2019

Pourvoi c/ Cour d'appel de Nîmes, 17 mai 2019

Tribunal de grande instance de Paris, 12 novembre 2019

Cour d'appel d'Aix-en-Provence, 8 novembre 2019

Pourvoi c/ chambre de l'instruction de la Cour d'appel de Toulouse, 1er octobre 2019

[2019] EWHC 3568 (Comm) Enka Insaat ve Sanayi v OOO “Insurance Company Chubb” et al. is the very swift follow-up to [2019] EWHC 2729 (Comm) which I review here. I flag the case mostly for:

• at 8, Baker J siding with Males J (and myself) per Nori Holding, that West Tankers is still good authority following Brussels Ia despite Wathelet AG’s suggestions in Gazprom;
• the brief reference at 9, as to whether under Rome I injunctive relief for threat of contractual breach is covered by lex fori or lex contractus. Baker J concludes that issue simply by reminding us that Rome I does not apply to arbitration agreements;
• At 47 ff the discussion of choice of law in spite of no express clause having been included to that effect. Specifically, with reference to Sulamerica, whether choice of seat may imply choice of law.

Geert.

(Handbook of) EU private international law, 2nd ed. 2016, Chapter 2, Heading 2.2.1. 

by Matthias Lehmann

Smart contracts and the conflict of laws is a widely discussed topic today (see for instance the post by Giesela Rühl). A new contribution to this debate comes from ISDA, the International Swaps and Derivatives, in collaboration with the Singapore Academy of Law and leading law firms. Also involved is the provider of an existing smart contract platform (Corda), which guarantees the paper’s practical relevance. The analysis focuses on a potential smart derivative contract to be implemented on Corda. 

The authors of the paper take the view that a court in Singapore and the UK would have little difficulties in determining the law governing such a contract – it would simply be the one chosen in the derivatives master agreement. The same goes for the choice of the competent court. In this context, it is important to note that only B2B transactions are considered, with no consumer contracts being involved. The authors also see little risk for the intervention of public policy rules.

Collateralised derivative transactions, which are of utmost practical importance, are more problematic to the extent that the collateral is governed by the lex rei sitae. But the paper also sees a way out here: The collateral could be represented by a token (through so-called tokenisation). Given that tokens have no real geographic location, the law applicable to the token could be determined again by a choice of the parties. 

The paper even suggests an innovative way to avoid the need for enforcement: The parties could agree that the “notary” of the platform must implement any judgment rendered by the chosen court. In this way, the need to apply for cross-border recognition and enforcement in the country in which the platform is established would fall away. 

Whether this proposal works in practice remains to be seen. One may reasonably fret that the platform will not enjoy complete immunity from the country in which it is established. As long as the courts of this country are liberal, there is however little reason for fear. The Singapore High Court has already shown its readiness to extending property protection to the holders of cryptocurrencies. The country could thus provide a safe haven for the operation of a smart derivatives platform, but that does not exclude the continuing power of its courts to intervene and the possible application of national law, e.g. in case of an insolvency of the platform provider.

Tribunal d'instance de Nancy, 28 novembre 2019

Tribunal d'instance de Paris, 25 novembre 2019

Pourvoi c/Cour d'assises du Var, 28 mai 2019

Pourvoi c/ Cour d'appel de Paris, 15 octobre 2019

Pourvoi c/ Cour d'appel de Paris, 11 octobre 2019

Pourvoi c/ Cour d'appel de Poitiers, 5 février 2019

Pourvoi c/ Cour d'appel de Paris, 13 juin 2019

Tribunal de grande instance de Versailles, 6 décembre 2019

By Tasha Joseph

Teams are invited to register for the PAX Moot, Asser Round 2020. Registration will be possible until March 30th. However we do advise teams to register as soon as possible. The registration fee is 100 Euros per team.

The moot court competition comprises a written round and oral round. For the written round each team will be required to submit a written assignment as requested by the case (for details, see Rules and Procedures). The oral round will be scheduled as a 2 full-day event on 28-29 May 2020, preceded by a welcoming event for all teams on 27 May (evening). The first day of the competition (general rounds) will be held at the University of Antwerp. On the second day, the participating teams will be invited to the EU Commission in Brussels, where the semi-finals and final rounds will be held.

This year, we have invited Alex Layton QC, a leading specialist in private international law, to draft the case and be a member of the final panel of the oral round.

The organising team hopes that this year’s competition will attract many teams from EU Member States and beyond! Besides the collective prizes for best team and best written submission, one member of the final winning team will be given the “Best Speaker Award” of the moot, and our partner, Herbert Smith Freehills, has graciously invited the next recipient of that award for an internship in its Paris office!

For further information please visit www.paxmoot.com, or email us at info@paxmoot.com.

Sincerely,

PAX Moot Team

The Conference represents the final event of the JUDGTRUST Project (2018-2020), funded by the Justice Programme of the European Union (2014-2020). The objective of the Project is to identify best practices and to provide guidelines in the interpretation and application of Regulation 1215/2012 (BI-bis). The JUDGTRUST Project is coordinated by the T.M.C. Asser Instituut and carried out in partnership with the University of Hamburg, the University of Antwerp and the Internationaal Juridisch Instituut.

The Conference will host panels on, inter alia, the scope of application, relationship with other instruments, rules on jurisdiction, provisional measures, as well as enforcement and recognition of foreign judgments. Additionally, the key findings from the National Reports of the EU Member States will be presented. It aims to bring together academics, policy makers and legal practitioners. It will take place on Thursday 24 September 2020 at the T.M.C. Asser Instituut, The Hague. 

More information will be provided on the Project website (https://www.asser.nl/judgtrust) shortly.