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A collection of essays titled Investment Arbitration in Central and Eastern Europe, edited by Csongor istván Nagy (University of Szeged, Hungary), has recently been published by Edward Elgar. See here for more information on the book, its contents and contributors.

As noted in the publisher’s blurb, Central and Eastern Europe (CEE) appears to be the testing ground for investment arbitration in Europe: the majority of the cases against EU Member States are proceedings launched against countries from the region. Despite their relevance, CEE experiences have not been analysed in a comprehensive manner. The book aims to fill this gap.

The introductory chapter, written by the editor, is titled Intra-EU BITs after Achmea: A Cross-Cutting Issue and can me downloaded via SSRN.

As noted earlier on this blog, we will celebrate the forthcoming establishment of the European Association of Private International Law (EAPIL) at a conference to  be held at Aarhus University, Denmark, from 14 to 16 May 2020.

The conference will bring together academics and practitioners from all over Europe and provide a unique opportunity to talk and think about European Private International Law in a pan-European fashion. Topics to be discussed will include the effects and the challenges of digitalization, the problems of fragmentation as well as other challenges the discipline is currently facing.

Early bird registration is still possible via the conference website. For questions, please get in touch with the local organizer, Morten M. Fogt (mmf@law.au.dk).

Stay tuned for more Information about the European Association of Private International Law (EAPIL) including information about how to join!

An essentially Dutch group employs English restructuring law and has the resulting restructuring recognised in Canada. Need one say more to show that regulatory competition is alive and well and that the UK, England in particular need not fear a halt to restructuring forum shopping post Brexit.

Blakes first alerted me to the case, the Initial recognition order 2019 ONSC 5774 is here (I have not yet managed to locate the final order). Insolvency trustee PWC have a most informative document portal here. See also the Jones Day summary of the arrangements here. The main issue of contention was the so-called third party release in favour of Syncreon Canada which could have bumped into ordre public hurdles in Ontario as these clearly have an impact on the security of underlying debt. The way in which the proceeding are conducted (fair, transparent, with due consideration of minority holders etc.) clearly have an impact on this exercise.

Geert.

(Handbook of) EU Private International Law, 2nd edition 2016, Chapter 2, Chapter 5.

In November 2019, there were a couple of new signatory States to the HCCH Conventions. New Zealand signed the HCCH Child Support Convention and Austria did the same with respect to the HCCH Service Convention.

These HCCH Conventions are not yet in force for New Zealand and Austria as both States would need to ratify them pursuant to the relevant articles under each Convention. Nevertheless, by signing the Conventions both States have acquired the “obligation not to defeat the object and purpose of a treaty prior to its entry into force” in accordance with Article 18 of the Vienna Convention on the Law of Treaties.

With regard to Austria, and given the external competence of the European Union in these matters, it is important to note that the signature was made pursuant to the Council Decision (EU) 2016/414 of 10 March 2016 authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union. Interestingly, this decision requires that the ratification to the Service Convention be made by 31 December 2017 at the latest. I am unaware of any updates with respect to this decision.

The HCCH news items are available here (New Zealand) and here (Austria).

L’avocat général a requis des peines de cinq à quinze ans de prison, contre six prévenus, accusés pour cinq d’entre eux de proxénétisme, pour quatre d’entre eux de traite des êtres humains, pour l’un d’entre eux d’aide au séjour irrégulier. La décision devrait être rendue dans la soirée du vendredi 6 décembre.

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