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The European Association of Private International Law
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UK Supreme Court Confirms the Role of English Courts as the World’s Arbitral Policemen

lun, 09/23/2024 - 08:00
On 18 September 2024, the UK Supreme Court finally gave the reasons for its unanimous judgment (Lord Leggatt, with whom Lord Reed, Lord Sales, Lord Burrows and Lady Rose agreed), announced on 23 April 2024, in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30. It upheld the judgment of the Court of Appeal ([2024] […]

CJEU Rules on COMI of Individuals

ven, 09/20/2024 - 08:00
This post is authored by Antonio Leandro, Professor of Public and Private International Law at the University of Bari. On 19 September 2024, the Court of Justice delivered its judgment in case C-501/23 DL v Land Berlin, which deals with the functioning of the COMI in Regulation (EU) 2015/848 on insolvency proceedings (‘EIR’). The Court […]

Research Methods in Private International Law: Additional Book Launch

jeu, 09/19/2024 - 13:00
As announced on this blog, Xandra Kramer (Erasmus University Rotterdam and Utrecht University) and Laura Carballo Piñeiro (University of Vigo) edited Research Methods in Private International Law – A Handbook on Regulation, Research and Teaching. Following the previous online book launch, an additional one is scheduled for 23 September 2024, from 10am to 11:30am CEST. Similar […]

International Commercial Courts, State Model(s) of Specialised (Domestic) Courts?

jeu, 09/19/2024 - 08:00
On 8 October 2024, Jeremy Heymann and Marylou Françoise will host a conference on International Commercial Courts, State Model(s) of Specialised (Domestic) Courts? at the University of Lyon 3. A first panel will give the perspective of judges sitting on three international commercial courts (French, German, Dutch). A second panel will give an academic perspective […]

Can Service in English be Refused in Litigation Between Businesses Engaged in International Trade?

mer, 09/18/2024 - 09:42
According to Article 12(1)(a) of Regulation 2020/1784 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (the Recast Service Regulation), the addressee may refuse service if the document is not written in, or is not accompanied by a translation into, “a language which the addressee understands”. The […]

Commentary on the 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property

mar, 09/17/2024 - 09:17
Oxford University Press has recently published The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property – A Commentary, edited by Ana Filipa Vrdoljak, Andrzej Jakubowski and Alessandro Chechi. The 900-page long book is part of the Commentaries on International Cultural Heritage Law series. The UNESCO Convention of 14 November 1970 […]

IPRax: Issue 5 of 2024

lun, 09/16/2024 - 08:00
The latest issue of the IPRax (Praxis des Internationalen Privat- und Verfahrensrechts) has been published. The following abstracts have been kindly provided by the editor of the journal. Th. Klink, The Commercial Court according to the Justizstandort-Stärkungsgesetz (Legal Venue Strengthening Act) – a model project for cross-border court proceedings The Legal Venue Strengthening Act allows […]

Private International Law in Russia

ven, 09/13/2024 - 08:00
Private International Law in Russia, by Anton Asoskov, Daria Levina and Milana Karayanidi, has just been published by Bloomsbury Publishing. The blurb reads: This book provides the first comprehensive introduction to Russian private international law (PIL) for the foreign lawyer. The book carefully examines the applicable conflict of law and jurisdictional rules on the basis […]

19th Regional PIL Conference on 20 September 2024 at the University of East Sarajevo, B&H

jeu, 09/12/2024 - 14:00
The 19th Regional Private International Law Conference will take place on 20 September 2024 at the Faculty of Law, University of East Sarajevo, Bosnia and Herzegovina, with the support of the Deutche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ). The theme of the Conference is Application of General Legal Principles in Contemporary Private International Law. The opening panel will […]

Publications on CPLJ’s New Website

jeu, 09/12/2024 - 10:57
A dedicated website for the Comparative Procedural Law and Justice (CPLJ) project has been launched. Started in September 2020 by the Max Planck Institute Luxembourg for Procedural Law led by Burkhard Hess with support from the Luxembourg Research Fund FNR, in January 2024 the CPLJ project and the Institute were transferred to the University of […]

Rivista di diritto internazionale privato e processuale (RDIPP): Issue 2 of 2024

mer, 09/11/2024 - 08:00
The second issue of 2024 of the Rivista di diritto internazionale privato e processuale (RDIPP) is out. Along with recent case law and materials, it features four contributions. Sara Tonolo, Il contributo degli studiosi italiani ai corsi de L’Aja di diritto internazionale privato (1973-2023) [The Contribution of Italian Scholars to The Hague Academy Courses on […]

Journal du Droit International: Issue 3 of 2024

mar, 09/10/2024 - 08:00
The third issue of the Journal du droit international for 2024 has been released. It contains two articles and several case notes relating to private international law issues. It also pays tribute to Ibrahim Fadlallah (1942-2024) who was a leading Lebanese-French academic and arbitrator. In the first article, Daniel Mainguy (University of Paris Panthéon-Sorbonne) uncovers […]

Can Article 8 ECHR Reshape the Operation of Article 13(1)(b) of The Hague Child Abduction Convention?

lun, 09/09/2024 - 08:00
The author of this post is Nishat Hyder-Rahman, Postdoctoral Research Fellow, MSCA Impact Fellowship Programme, Department of Private and Economic Law, Vrije Universiteit Brussel. On 28 March 2024, the European Court of Human Rights (ECtHR) ruled on the case of Verhoeven v France. The case concerned whether the French courts’ application of the Hague Convention […]

AG Emiliou Confirms His First Opinion in BSH Hausgeräte: Article 24(4) of Brussels I bis Has Reflexive Effect

ven, 09/06/2024 - 13:19
The author of this post is Lydia Lundstedt, who is an Associate Professor and Senior Lecturer at Stockholm University, and currently a STINT fellow at the University of Botswana. In the interest of transparency, the author makes known that she previously wrote an expert legal opinion on behalf of BSH Hausgeräte. On 5 September 2024, […]

The Marburg Group’s Comments on the European Commission’s Parenthood Proposal

ven, 09/06/2024 - 08:00
Christine Budzikiewicz (University of Marburg), Konrad Duden (Institute for Foreign and European Private and Procedural Law at the University of Leipzig), Anatol Dutta (Ludwig Maximilian University of Munich) Tobias Helms (University of Marburg) and Claudia Mayer (University of Regensburg) authored The Marburg Group’s Comments on the European Commission’s Parenthood Proposal with Intersentia. The European Commission’s […]

CJEU Adds Requirements for Application of Overriding Mandatory Provisions

jeu, 09/05/2024 - 14:46
On 5 September 2024, the CJEU delivered its judgment in HUK-COBURG-Allgemeine Versicherung II (Case C-86/23) and established a number of requirements limiting the application of overriding mandatory provisions under Article 16 of the Rome II Regulation. The judgment makes it clear that the Court considers that these new requirements are equally applicable in the context of […]

Ungerer on the German Approach to Punitive Damages

jeu, 09/05/2024 - 08:00
Johannes Ungerer (University of Oxford and Notre Dame Law School) has published recently his article German Law’s Dilemma with Punitive Damages: German Federal Court of Justice, Judgment of 4 June 1992, Case IX ZR 149/91 (BGHZ 118, 312) on SSRN. The article is included also in the volume edited by James Goudkamp and Eleni Katsampouka titled […]

The Need for a Global Cooperation Framework Regarding Migrant Workers

mer, 09/04/2024 - 11:13
The central theme of the latest issue of the Revue critique de droit international privé (announced on this blog here) is migration. While most of the articles focus on the new French statute to control immigration and improve integration, Hans van Loon takes a broader perspective and argues in the opening article (La nécessité d’un cadre […]

Society of Legal Scholars, 115th Annual Conference

mar, 09/03/2024 - 09:27
The 115th Annual Conference of the Society of Legal Scholars will take place at the University of Bristol between 3 and 5 September 2024. The conference will focus on the theme Learning from Others: Lessons for Legal Scholars? The Conflict of Laws section, coordinated and moderated by Michiel Poesen (University of Aberdeen) and Patricia Zivkovic (University of […]

September 2024 at the Court of Justice of the European Union

lun, 09/02/2024 - 08:59
Back to normal activity as of 3 September, here is the planning in relation to cases on private international issues for this month. Advocate General N. Emiliou’s second opinion in case C-339/22, BSH Hausgeräte, expected in July (see here), was re-scheduled and should be delivered on Thursday 5. On the same day, Advocate General J. Richard […]

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