Agrégateur de flux

Professor Ronald Brand has published the second edition of his book, International Business Transactions Fundamentals, with Kluwer Law International. It is designed primarily for use in a course on International Business Transactions, but is suitable as a desk reference on important basic issues raised on cross-border contractual relationships. Unlike some International Business Transactions casebooks which focus on WTO-related aspects of international trade regulation, this book draws extensively on private international law and the ways in which it can be used to structure cross-border commercial transactions. Coverage includes basic commercial law issues including price-delivery terms and letter of credit financing, dispute resolution issues and how to avoid them by proper planning at the transaction stage, the legal framework for import and export regulations planning, contracting with foreign sovereigns, compliance with anti-corruption legislation, legal relationships created by foreign investment, antitrust regulation and compliance, and a chapter on professional responsibility and the unique legal representation issues raised in cross-border transactions.

The second edition incorporates nearly four decades of work by the author to present the fundamentals of the law of international business transactions organized in a manner designed to help the reader identify risks inherent in cross-border transactions; eliminate risks where possible; reduce risks that cannot be eliminated, and reallocate risks through the use of contractual relationships. It provides an organized progression of materials from the simple export-import transaction to complex international investments, all designed to help the reader understand how to avoid risk in transnational transactions through the use of the legal framework available for providing institutional protection; the purchased protection available for transnational transactions; and the ways in which negotiated protection may be provided to build on institutional and purchased protections

Professors interested in considering the book for adoption in a course may contact Laurien Roos at Laurien.Roos@wolterskluwer.com.

Cour nationale de l'incapacité et de la tarification de l'assurance des accidents du travail, 21 décembre 2018

Cour nationale de l'incapacité et de la tarification de l'assurance des accidents du travail, 21 décembre 2018

Cour d'appel de Fort de France, chambre sociale, 11 janvier 2019

Prêt - prescription civile

M.A. e.a.
Espace de liberté, sécurité et justice ASIL
Un État membre ayant notifié son intention de se retirer de l’Union conformément à l’article 50 TUE demeure l’État responsable au sens du règlement Dublin III

Cresco Investigation
SOPO
L’octroi, en Autriche, d’un jour férié payé le vendredi saint aux seuls travailleurs appartenant à certaines églises constitue une discrimination en raison de la religion interdite par le droit de l’Union

In [2019] EWHC 57 (Comm) Cunico v Daskalakis Baker J applies the employment and choice of court titles of the Lugano Convention 2007. Mr Daskalakis and the second defendant, Mr Mundhra, worked for the Cunico group. The group operated in base metals industries and markets. Defendants’ primary jobs were CEO and CFO respectively of Feni Industries AD (‘Feni’), the main industrial operating subsidiary of the group, incorporated and operating in FYR Macedonia. Feni owned and operated a ferronickel production plant in Kavadarci and the Rzanovo iron and nickel mine 50 km or so south of the city.

It is necessary to give a little bit of factual background to appreciate the jurisdictional issues.

Cunico Resources NV (‘Resources’) was incorporated in the Netherlands, to become the group holding company, in May 2007. Marketing was incorporated in Dubai, UAE, in July 2007, and operated in the Jebel Ali Free Zone as the main market-facing trading entity in the group. Resources had no operating activities. It existed as a holding company for the operating subsidiaries as investment assets, with a single dedicated (full-time) employee. Marketing traded by purchasing ore from other Cunico subsidiaries, and bailing the ore to a ferronickel plant within the group under a ‘tolling agreement’, for conversion by the plant to finished ferronickel. Marketing then sold the finished product to the market. Under the tolling agreement, fees for converting Marketing’s ore into finished ferronickel would be payable by Marketing to the operator of the ferronickel plant (e.g. Feni).

The Cunico group was owned, at the time of the events said to give rise to claims against the defendants, as a joint venture between International Mineral Resources BV (‘IMR’) and BSGR Cooperatief UA (‘BSGR’). Latterly, IMR has effectively all but bought BSGR out, via the intervention of proceedings in the Amsterdam Enterprise Chamber, so that today Resources is owned as to c.80% by Summerside Investments S.a.r.l., IMR’s parent company, with 50% of the remainder owned by each of IMR and BSGR.

Now, crucially (at 6): so-called ‘Advisory Contracts’ were signed as between Marketing and each of the defendants, in 2007 and again in 2010, that contained a jurisdiction provision in these words: “In case of disagreements, they shall be solved in the Court of the United Kingdom“. The claimants say that provision gives this court jurisdiction over their respective claims against the defendants under Article 23 of the Lugano Convention. It is common ground that the defendants were domiciled in Switzerland when proceedings were brought and that the claims brought against them are within the material scope of the Lugano Convention, so indeed it governs the question of jurisdiction in this case. It is also common ground that, in this international business context, the reference in the Advisory Contracts to “the Court of the United Kingdom” should be interpreted to mean the courts of England and Wales.

Marketing claims that defendants received bonus payments from Marketing to which they were not entitled and/or to procure payment of which they acted in breach of contractual and fiduciary duties owed to it.

The principal issue is whether the claims made are matters relating to individual contracts of employment so as to engage Section 5 of the Lugano Convention. Any claims that do engage Section 5 cannot be brought in England.

At 23: For each claim advanced by each claimant against either defendant, the question of jurisdiction gives rise to the following issues in this case:

i) Is that claim a matter relating to the employment of the defendant by that claimant, for the purpose of Section 5 of the Lugano Convention?

ii) If not, is that claim within the scope of the jurisdiction provision in either of the defendant’s Advisory Contracts?

iii) If so, for a claim by Resources or Feni, does that jurisdiction provision confer on the claimant an effective benefit? (This is a question under the Contracts (Rights of Third Parties) Act 1999, as each Advisory Contract was a contract only between the respective defendant and Marketing.)

Baker J decides following lengthy overview of the ’employment’ history of defendants that they were indeed employed across the group, and that Lugano’s employment heading therefore points away from jurisdiction in England. Surprisingly he does not refer at all to any CJEU precedent such as Holterman. The employment argument having succeeded, no assessment is made of Lugano’s choice of court provisions.

Geert.

 

Text provided by Laura Carballo Piñeiro – thanks!

A new online journal was born in late 2018: <http://www.rivitsproc.eu/en/>

The Italian-Spanish Journal of Procedure Law (RIEDP) is an editorial endeavour that aims to mainly publish clearly innovative papers, i.e. with the potential of making Procedure Law evolve by providing ideas and approaches that may help reform and enhance both civil and criminal procedures.

Papers written in Spanish, Italian or English are accepted for publication.

The Journal was launched by a group of scholar from Italy and Spain. Professors Jordi Nieva Fenoll, Michele Taruffo, Llorenç Bujosa Vadell, Giulio Illuminati, Rosa Ruggiero, Marien Aguilera Morales, Gina Gioia, and Laura Carballo Piñeiro have joined forces to offer a meeting point for authors that wish to share their innovative research with a wider audience. The essential requirement to be accepted for publication is the academic value of the paper regardless of whether it has already been published elsewhere. An anonymous peer-reviewed publication, RIEDP will publish accepted paper on an open-access basis and immediately after acceptance. In order to learn more about RIEDP, please visit its webpage.

Une loi du 19 janvier 2019 habilite le gouvernement à prendre par ordonnances les mesures nécessaires pour faire face à la sortie du Royaume-Uni de l’Union européenne.

en lire plus

Professor Dr Matthias Lehmann is looking for a highly skilled and motivated PhD candidate and fellow (Wissenschaftliche/r Mitarbeiter/in) to work at the Institute for Private International and Comparative Law, University of Bonn, Germany, on a part-time basis (50%) as of 1 April 2019.

The successful candidate holds a first law degree (ideally the First German State Examination) and is interested in the international dimensions of private law, in particular private international law, European law and/or comparative law. A very good command of German and English is expected; good IT skills are required.

The fellow will be given the opportunity to conduct his/her PhD project (according to the Faculty’s regulations). The position is paid according to the German public salary scale E-13 TV-L, 50% (about 1,300 Euro net per month). The initial contract period is two to three years, with an option to be extended; the candidate is free to leave before at any point subject only to timely notification. Responsibilities include supporting the Institute’s director in his research and teaching as well as independent teaching obligations (2 hours per week during term time).

If you are interested in this position, please send your application (cover letter in German; CV; and relevant documents and certificates, notably university transcripts and a copy of law degree) to lehrstuhl.lehmann@jura.uni-bonn.de by February 4, 2019. The University of Bonn is an equal opportunity employer.