Agrégateur de flux

Editors:

Dr Chukwuma Okoli, Dr Eghosa O. Ekhator, Professor Veronica Ruiz Abou-Nigm, Professor Ralf Michaels, Hans van Loon

We are excited to invite contributions to The Journal of Sustainable Development and Policy for a special issue focusing on “Private International Law and Sustainable Development in Africa.” This is an area with limited scholarship in Africa, as most research has traditionally emphasized substantive laws, often neglecting the critical role of private international law in sustainable development. Interested researchers should consider themes such as the ones explored in Michaels/Ruiz Abou-Nigm/Van Loon (eds.) (2021): The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law. Proposals should emphasise private international law and sustainable development issues that are of particular relevance to the African context.

We encourage researchers to explore the intersection of private international law and sustainable development in relation to issues such as environmental protection, corporate social responsibility, and the protection of vulnerable groups (for example, employees, consumers, migrants, and indigenous peoples). Interesting topics in private international law could include how multinational companies are held accountable to host communities in Africa regarding cross-border environmental issues including climate change, as well as social and economic sustainability. Researchers could engage with the regulatory framework for multinational companies in cross-border transactions affecting corporate social responsibility in Africa, and the enhancement of human rights standards and social justice in cross-border employment matters in Africa .They might also wish to reflect on the implications for Africa of the new EU Directive 2024/1760 on corporate sustainability due diligence, and of similar due diligence legislative initiatives deployed at the national level in different countries. Other relevant topics include the African Continental Free Trade Agreement and its relationship with private international law and sustainable development, as well as the harmonization of private international law in Africa and its relation with sustainability goals, regional economic integration, abuses of party autonomy in international commercial contracts, and the appeal of international commercial adjudication in Africa. These are all themes that can be explored from a sustainability perspective.

We are particularly interested in innovative academic approaches that address these themes within the African context. We welcome proposals from all approaches, including critical, doctrinal, analytical, conceptual, reflexive, interdisciplinary, post-critical and speculative traditions of law, that enable a serious scholarly reflection on private international law and sustainable development. Contributions will start filling a significant gap in the literature and promote a deeper understanding the relationships, the impact and the potential of private international law in sustainable development in Africa.

Guidelines

Applicants are invited to submit a research proposal of up to 500 words, together with a short CV in the same document. Submissions should be sent to c.okoli@bham.ac.uk, and copy E.Ekhator@derby.ac.uk, and info@ogeesinstitute.edu.ng by 16 December 2024 with the email subject clearly marked “Submission Proposal – Special Issue JSDP – PIL and Sustainable Development in Africa”.

Proposals will be reviewed by the editors and selected participants will be informed by the end of January 2025.

Full draft of selected papers of up to 8,000 words inclusive of footnotes should be submitted by 30 June 2025 following the ‘submission guidelines’ section of The Journal of Sustainable Development and Policy: https://www.ogeesinstitute.edu.ng/submissions.

The editors are seeking opportunities for funding to support a conference in late 2025 to discuss draft papers in advance of publication of the special issue in early 2026.

About the project The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law

On 5 February 2024, the Danish government, along with most opposition parties, reached an agreement regarding children born through surrogacy agreements. This political accord aims to address and improve the legal status of children born through surrogacy, particularly in the context of foreign surrogacy arrangements, ensuring their right to legal parents, without the requirement of […]

La Cour de justice de l’Union européenne précise les conditions de la désignation, par un État membre, de pays tiers comme pays d’origine sûrs au titre de la directive relative à des procédures communes en matière de protection internationale.

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“Droit international privé – Immunités de juridiction et competence internationales des tribunaux tunisiens” (Private International Law – Jurisdictional Immunity and International Jurisdiction of Tunisian Courts) is the title of the long-awaited book recently published by Prof. Sami Bostanji, a distinguished Professor at the Faculté de droit et des sciences politiques de Tunis, Director of the DRIMAN research center, and one of the leading private international law scholars in Tunisia.

 

The book represents the first detailed and in-depth analysis of the rules and practices governing the judicial function in Tunisian private international Tunisian, viewed through the lenses of jurisdictional immunities and international adjudicative jurisdiction. It offers a systematic approach to the subject drawing on the most recent – and often unpublished – decisions of Tunisian courts. The author justifies his focus on these two aspects of the judicial function by highlighting “the importance of these issues, both on a theoretical and practical level,” which—according to him—demonstrates a “shift in the center of gravity” (déplacement du centre de gravité) in private international law, moving from conflicts of laws to conflicts of jurisdictions (p. 29, para. 16).

The book, which follows the classical French two-parts plan, begins first with a general introduction in which the author discusses some key concepts, briefly introduces some aspects of the legal the history of judicial jurisdiction in Tunisian private international law, and examines the notion of internationality as a prerequisite for the operation of the private international law system in Tunisia, as well as the relevance of the subject.

The book is then divided into two main parts.

Part One focuses on the study of jurisdictional immunities, approached from the perspective of “restrictions on the power to adjudicate” (Les restrictions au pouvoir de juger). In this first part, the author thoroughly examines how immunities are regulated, starting with the broader international rules governing these issues (Title I) before delving into the solutions provided by Tunisian law, particularly the Code of Private International Law (Title II). The author highlights both legal developments and practical applications of these rules in Tunisian court decisions.

Part Two explores the system of international jurisdiction of Tunisian courts through the perspective of “the capacity to adjudicate” (l’aptitude à statuer). Here, the author analyzes the various forms in which this capacity manifests (Les déclinaisons de l’aptitude à statuer), emphasizing their specific characteristics. This part is divided into three titles.

Title I offers a theoretical analysis of international jurisdiction, examining its nature and guiding principles.

Title II, which serves as the core of the book, is dedicated to the grounds of international jurisdiction for Tunisian courts. These grounds can be derived from (limited) international or (primarily) domestic sources, either through statutory provisions or case law and cover a range of issues. These include exclusive jurisdiction; general jurisdiction based – according to the author – on the domicile of the defendant, the agreement of the parties and connexity; special jurisdiction justified by various concerns such as the protection of children, proximity and administration of justice, location of property etc.; the intricate issue of nationality as ground of international jurisdiction and forum necessitatis.

Title III addresses the challenges to the jurisdiction of Tunisian courts, including cases where the defendant contests jurisdiction, either by appearing before the court and raising the issue or when the judge raises it ex officio. It also examines the implications of foreign proceedings (lis pendens) and foreign judgments (res judicata) on the jurisdiction of Tunisian courts.

In a nutshell, this book provides a comprehensive and detailed account of the theory and practice of jurisdiction in Tunisia, making a significant contribution to the field of private international law in the country and abroad. Written in French, it offers French-speaking scholars and practitioners a valuable opportunity to gain insights into Tunisian jurisdictional rules. The publication of the book is particularly timely, considering the ongoing discussions on jurisdiction within the Hague Conference on Private International Law (HCCH). It indeed offers a new perspective that may prove invaluable to those involved in drafting future international frameworks on jurisdiction to take into account different views and approaches from various parts of the world, especially from the standpoint of a North African and an Arab jurisdiction (although the author highlights from time to time along the pages the “exceptional” aspect of the Tunisian regulation of the issue of jurisdiction as compared to other MENA Arab countries).

Lastly, given the expertise of the author and his long experience as a dedicated scholar and law professor, it is hoped that this work will be followed by further volumes addressing other aspects of Tunisian private international law, particularly the recognition and enforcement of foreign judgments and choice of law.

Probably some of these aspects will be addressed in Prof. Bostanji’s forthcoming stimulating course titled “Secularization and Private International Law in the Arab Countries” which will be delivered during next year’s Summer Courses at the Hague Academy of International Law, as recently announced. For more details, see here.

Much remains to be seen and unveiled!!

 

The blurb of the book reads as follows:

L’étendue de la fonction juridictionnelle est une question centrale du droit international privé contemporain. Le pouvoir de juger, en matière internationale, connaît des restrictions qu’illustrent les immunités de juridictions. Par ailleurs, le périmètre de ce pouvoir, qui se déploie sous le rapport de la compétence internationale, présente des singularités sur le plan des critères qui la fondent et des incident affectant sa mise en œuvre. L’intérêt doctrinal porté, au cours de ces dernières années, à ces questions ainsi que la pléthore des décisions rendues, dans domaines, attentent incontestablement de leur importance aussi bien d’un point de vue théorique que pratique.C’est sous ces différents prismes que le présent ouvrage cherche à éclairer l’évolution de la matière en droit international privé tunisien. (The scope of the judicial function is a central issue in contemporary private international law. The power to adjudicate, in the international context, faces some limits, as illustrated by jurisdictional immunities. Moreover, the reach of this power, which is exercised in relation to international jurisdiction, displays certain unique features regarding the criteria that define it and the issues that affect its operation. The scholarly interest in these issues in recent years, along with the abundance of rulings in this area, undeniably attests to their significance from both theoretical and practical perspectives. It is through these various lenses that the present book seeks to shed light on the evolution of this field in Tunisian private international law.)

The book’s Table of content (in French) can be viewed here.

This post was contributed by Vincent Richard, who practices with Wurth Kinsch Olinger in Luxembourg. On 4 October 2024, the Court of Justice delivered its judgment in case C‑494/23 [Mahá]. The decision, which was rendered without an Opinion from the Advocate General, provides a useful clarification on the material scope of Regulation No 1215/2012 (Brussels […]

L’arrêt de grande chambre Fabbri c/ Saint-Marin est présenté avec une structure extrêmement pédagogique qui rappelle les fonctions de la formation de jugement spécifique de la Cour européenne des droits de l’homme : fixer les critères d’un raisonnement commun et unifier, ainsi, la jurisprudence européenne relative à une matière donnée. 

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S’agissant d’une personne physique exerçant une profession libérale ou toute autre activité d’indépendant, il est présumé, jusqu’à preuve du contraire, que le centre des intérêts principaux se situe au lieu d’activité principal, quand bien même cette activité ne nécessite aucun moyen humain ou aucun actif.

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Transfert partiel de compétence de la Cour de justice au Tribunal : création au sein du Tribunal d’une chambre spécialisée en matière préjudicielle et élection d’avocats généraux

Élection de deux présidents de chambre du Tribunal de l’Union européenne

IE University is seeking applicants for four full-time, tenure-track, positions at the Assistant Professor level at IE Law School (Madrid). The call is open to candidates from all legal fields, with a focus on Private Law, Commercial & Corporate Law, IP Law, Digital & Tech Law, Administrative Law, Environmental & Climate Change Law, and Legal […]

The Japan Commercial Arbitration Association (JCAA), one of the oldest international arbitration institutions in the world, founded in 1950, has published the 5th Volume of its annual journal on commercial arbitration – the Japan Commercial Arbitration Journal.

The journal features articles on international commercial arbitration, mediation, and litigation related to Japan. These articles are authored by prominent scholars and experienced practitioners who are well-versed in the resolution and prevention of international commercial disputes.

 

The Japan Commercial Arbitration Journal is particularly valuable for non-Japanese readers, including foreign researchers and practitioners, as it provides insights into Japan’s approach to international dispute resolution. By offering comprehensive analysis and updates on arbitration, mediation and litigation practices in Japan, the journal helps bridge the knowledge gap for those working in international commercial law. Access to this information is essential for professionals seeking to understand the nuances of Japanese legal procedures and effectively engage with Japan in cross-border commercial matters.

The new volume features the following articles:

Miriam Rose Ivan L. Pereira

Emergency Arbitration at the JCAA: A Review of the Rules and the Changing Landscape

Fumiyasu Miyazaki

Overview of the amendment to Japan’s Arbitration Act

Atsushi FUKUDA, Takahito KAWAHARA

Overview of the Development of International Mediation Legislation in Japan with the Singapore Convention on Mediation

Takanori Kawashima

Multi-Tiered Dispute Resolution Clauses: Effects of Non-Compliance with Pre-Action/Pre-Arbitration ADR Clauses  

Miyuki Watanabe

Due Process in Arbitration – How to Mitigate Due Process Paranoia?

Takanori Abe

Patent royalty claim dismissed due to a demurrer, admitting the reach of an arbitration agreement ?Defendants’ measures and plaintiffs? risk reduction ?

Kazuhiro Kobayashi

Practical Issues in Enforcing International Settlement Agreements Resulting from Mediation

Michael Martinez

Too far, or not enough? Considerations for discovery in the United States and improving efficiency in international arbitration through an analysis thereof

Shuhei Kubota

Arbitration as a Means of Resolving ESG Disputes

Shin-Ichiro Abe

The Development of Sports Arbitration in Japan and Challenges for the Future

Yoshihisa Hayakawa

Advanced Technologies in Tokyo Facilities for Arbitration Hearings

Tony Andriotis, Shingo Okada, Eric Yao

Serving a Party in Japan by Hague Service Convention

Atsushi Shiraki

Asymmetrical Approaches of Extraterritorial Evidence Legislation between the U.S. and Japan

 

 

All volumes can also be freely consulted and downloaded here.

 

I. Introduction

As mentioned in a previous post, Morocco is not only the MENA Arab jurisdiction that has ratified the largest number of the HCCH Conventions (7 in total), but also a country where the HCCH conventions have been actively applied (see here on the application of the HCCH 1980 Child Abduction Convention, and here for a case involving the application of the HCCH 1996 Child Protection Convention). The application of the HCCH Conventions in Morocco offers valuable insights into how these HCCH instruments operate within an Islamic context, challenging the widely held assumption of the existence of an Islamic exceptionalism (though such exceptionalism does exist, but to a varying degree across the Muslim-majority countries. See e.g. Béligh Elbalti, “The Recognition and Enforcement of Foreign Filiation Judgments in Arab Countries” in Nadjma Yassari et al. (ed.), Filiation and the Protection of Parentless Children (T.M.C. Asser Press, 2019), 373-402).

In the case reported here, the authenticity certificate of conversion to Islam issued in Spain and to which an Apostille was attached was the crucial issue that the Supreme Court had to address. It must be admitted however from the outset that the case did not directly involve the interpretation and the application of the HCCH 1961 Apostille Convention – officially known as Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. Nonetheless, the case does raise some interesting issues regarding the admissibility of apostillised documents (i.e. document for which an Apostille has been issued). The case also brings to light a significant concern regarding interfaith successions from a private international law perspective in the MENA Arab region, particularly in Morocco. However, while the latter issue is particularly important, for the sake of brevity, the focus here will be placed d on the implication of the Apostille Convention in this case.

 

II. Facts

The case involves a dispute over inheritance of A (apparently a Moroccan national). After A’s death, his heirs (collectively here referred to as “Y”) issued a certificate of inheritance that excluded his wife, a Spanish national (here referred to as “X”) from A’s inheritance. X contested this in the Family Court, claiming her legal rights as A’s widow. Shae argued that Y had unfairly excluded here on the grounds that she was not Muslim, despite having converted to Islam by declaring her faith in the presence of an imam in a mosque in Spain before A’s death, and that she was handed over a certificate confirming her conversion. However, due to the emotional toll of A’s sudden death she forgot to bring the certificate with her at the time of A’s death, and to rectify this, she obtained an official notary document confirming her conversion. In support of her request to be included in the list of A’s heirs, X submitted various legal documents as evidence, including the certificate of her conversion to Islam she obtained in Spain with an Apostille attached to it.

Y, however, requested to dismiss the claim arguing, inter alia, that X was still Christian at the time of A’s death, that the conversion declaration that she made after A’s death had no effect and could not make from a legal heir, therefore, she was not entitled to inheritance since there can be no inheritance between a Muslim and a non-Muslim. Y also argued that her certificate of conversion obtained in Spain was void and had no legal validity even if an Apostille is attached to it.

The Family Court, as the first instance court, ruled in X’s favor and recognized her right to inherit. The decision was later appealed on the grounds, among others, X’s conversion to Islam was fabricated as she was seen performing Christian rituals at the funeral. Y also filed a separate challenge to the authenticity of her foreign certificate of conversion to Islam on the grounds that the certificate was forged. The Court of Appeal, however, dismissed the appeal and upheld the Family Court’s ruling in X’s favor.

Dissatisfied, Y filed an appeal to the Supreme Court.

Before the Supreme Court Y argued, inter alia, that the Spanish conversion certificate was a mere piece of paper without any official administrative references with a signature attributed to a Mosque in Spain. Nonetheless, the court accepted this certificate without verifying its authenticity or the context in which it was issued, such as by consulting relevant records or conducting a judicial investigation with Spanish authorities under the judicial cooperation agreement between Morocco and Spain, and also failed to verify whether the widow was even in Spain on the date the certificate was issued.

 

III. The Ruling

In its ruling No. 167 of 5 April 2022, the Moroccan Supreme Court admitted the appeal and overturned the appealed decision with remand stating as following:

“[…] according to the last paragraph of Article 40 of the convention signed between Morocco and Spain on judicial cooperation in civil, commercial, and administrative matters of 30 May 1997, if there is a serious doubt regarding the authenticity of a document issued by the judicial authorities or other authorities of either country, this should be verified through the central authority of both countries.

[Although] the court of the appealed decision ordered an investigation as part of activating the procedure for alleged forgery against the certificate of conversion to Islam [……] issued by the head of the Islamic Center in Spain, and registered under number (…..) in the registry of Islamic associations at the Ministry of Justice there, [it] failed to observe the procedures stipulated in Article 89 of the Code of Civil Procedure, particularly, by hearing the testimony of the person who issued the certificate and examining its authenticity, regularity, the accuracy of the information it contained and its date; and that by way of a rogatory mission to the competent Spanish authorities in accordance with Article 12 of abovementioned Convention [of 1997], in order to base its decision on verified facts.

As a result, the court’s decision lacked a legal basis and was deficient in its reasoning [……], and therefore, it must be overturned.”

 

IV. Comments

1. About the HCCH 1961 Apostille Convention

 The HCCH 1961 Apostille Convention is undoubtedly one of the most successful HCCH conventions, with its 127 contracting parties (as of the date of the writing). The Convention’s status table shows that more than 15 countries are Muslim-majority jurisdictions or have legal systems influenced by or based on Islamic law. Among them are five Arab jurisdictions from the MENA region: Saudi Arabia, Tunisia, Morocco, Bahrain and Oman. Marocco ratified the Convention on 27 September 2015, and it entered into force on 14 August 2016.

As is widely known, the Convention aims at simplifying the process of authenticating public documents for use abroad. The Apostille Convention eliminates the need for a complex and time-consuming legalization process by introducing a standardized certificate called an Apostille. As such, the Apostille, issued by a designated authority in the State of origin, is a simplified certificate that confirms the authenticity of the document’s origin by certifying the signature on the document is genuine, thus allowing it to be recognized in another Contracting States, the State of destination. (For details, see the HCCH Permanent Bureau, Practical Handbook on the Operation of the Apostille Convention (2nd ed. 2023) pp. 25-34 hereafter the “Apostille Handbook”)

Several key principles that underpin the Apostille Convention. These include the following: First, the Convention applies mainly to “public documents” (the Apostille Handbook, p. 51, para. 102). Second, the Convention is based on the premise that the Apostille only verifies the authenticity of a public document’s origin (and not the content) by certifying the signature, the signer’s capacity, and, where applicable, the seal or stamp (see the Apostille Handbook, p. 31, para. 22-23).

The case commented here provides valuable insights concerning these two points. The first issue is whether a certificate of conversion to Islam, issued by a mosque or an Islamic center in Spain, qualifies as a “public document” under the Convention. Even if it does qualify, the second issue concerns the probative value of an apostillised document, particularly when the authenticity of the document itself is contested for forgery or fabrication.

As the ruling of the Supreme Court above indicates, the Court did not address the first question, arguably assuming the validity of the Apostille without further examination. However, a closer review of the first principle mentioned above suggests that this issue may not be as straightforward as the Court seemed to have presumed. This can be supported by the fact that the Court focused more on the allegation of forgery of the apostillised certificate, implying that the validity of the Apostille itself was not in question.

 

2. Certificate of Conversion to Islam as a “public document”

Can a certificate of conversion to Islam issued in Spain be qualified as a “public document” under the Apostille Convention? Answering this question first requires an understanding of what constitutes a “public document” under the Convention.

a) What is a public document under the Convention?

Although the Convention enumerates in a non-exhaustive list the documents deemed to be “public documents” (art.1(2)), and mainly relies on the national law of the State of origin (i.e. where the document was executed) to determine whether the document qualities as “public document” (the Apostille Handbook, p. 52, para. 105), it provides for a useful criterion to determine whether a document is a “public document”. According to the Apostille Handbook, “the term “public document” extends to all documents other than those issued by persons in their private capacity. Therefore, any document executed by an authority or person in an official capacity (i.e. acting in the capacity of an officer authorized to execute the document) is a public document” (p. 51-52, para. 103). Documents that do not meet this criterion are generally not considered “public documents” under the Convention (the Apostille Handbook, p. 64, para. 182).

There are, however, exceptions. A document may still be apostollised if it is notarized or officially certified (art. 1(2)(c) and (d). See the Apostille Handbook, p. 54, paras. 116-122. On the example of educational documents, including diplomas, see p. 59, paras. 150-153). In addition, “[t]he law of the State of origin may consider religious documents, as well as documents executed by official religious courts, to be of public nature and therefore a public document under the Convention” (See the Apostille Handbook, p. 65, para. 185).

b) The Public nature of Certificates of Conversion to Islam

In certain countries, certificates of conversion to Islam are clearly recognized as public documents. For example, in many Muslim-majority jurisdictions such certificates are issued by public organs or institutions affiliated with the state, such as the Ministry of Religious Affairs, or the Ministry of Justice (e.g., in the UAE) or by authorized persons (such as the Adouls in Morocco). In such cases, the conversion certificate possesses the requisite “public” nature under the Apostille Convention.

However, in many non-Muslim countries, no specific public administrative authority is responsible for overseeing religious conversions or issuing certificates to that effect. Instead, individuals wishing to convert to Islam typically approach a local mosque or Islamic center. There, the person publicly professes their declaration of faith in front of an imam and witnesses. While a certificate is often provided for various purposes (e.g., marriage or pilgrimage), these documents lack the “public” character necessary for apostillasation under the Apostille Convention.

In the case commented here, the summary of facts indicates that the Spanish widow had embraced Islam before an imam at a mosque. The Supreme Court’s ruling, however, refers to her conversion in front of the head of an Islamic Center in Spain registered with the Spanish Ministry of Justice (although it is possible that the mosque was part of the Islamic center, and the head of the Islamic center serves also served as the imam). In any event, it doubtful that either the Imam or the head of the Islamic center acted “in the capacity of an officer” to issue the conversion-to-Islam certificate. Indeed, even when registered as non-profit or religious organization or association, mosques and Islamic centers generally do not possess the authority to issue “public documents” within the meaning of the Apostille Convention. This applies to other types of certificates these centers or mosques may issue such as marriage or divorce certificates. Such certificates are generally not recognized by the states unless duly registered with civil authorities. Where registration is not possible, these documents primarily serve religious purposes within the community.

There is also no indication in the Supreme Court’s decision that the certificate in question falls under the exceptions outlined above (see IV(2)(a)). Therefore, it remains unclear on which grounds the certificate of conversion was apostillised, as “[t]he Convention does not authorize the issuance of an Apostille for a document that is not a public document under the law of the State of origin [Spain in casu], even if the document is a public document in the State of destination [Morocco in casu]” (the Apostille Handbook, p. 52, para. 107).

 

3. Contestation for forgery of an apostillised document

It is worth recalling here that the case reported here concerned the invalidation of a certificate of inheritance that excluded a Spanish widow, who claimed to have converted to Islam, from her deceased husband’s estate. To support her claim, the widow submitted, among other documents, an apostillised certificate of conversion to Islam issued in Spain. Before the Supreme Court, the appellants argued that the certificate of conversion had no legal value because it was forged and lacked sufficient elements to establish its authenticity. The Supreme Court admitted the appeal on the grounds that the authenticity of the certificate had to be examine pursuant to the relevant provisions of the 1997 Moroccan-Spanish Convention on Legal Assistance in Civil, Commercial and Administrative Matters.

The position of the court should be approved on this particular point. the Apostille Handbook makes it clear that the Apostille has no effect on the admissibility or probative value of a foreign public document (the Apostille Handbook, p. 32, para. 25). Indeed, since the Apostille does not relate to or certify the content of the underlying public document, issues concerning the authenticity of the foreign public document and the extent to which it may be used to establish the existence of a fact are left to be dealt with under the law of the State of destination. In this case, the applicable provisions are found the Moroccan code of civil procedure and the Hispano-Moroccan bilateral convention on judicial assistance, as indicated in the Court’s decision.

This post has been written by Reef Alfahad, a PhD candidate at King’s College London. On 17 October 2024, a conference on ‘The Anglo-French Approaches to Arbitration’ will take place at King’s College London, UK. This conference will discuss how the French and English approaches differ when dealing with corruption in arbitration and anti-suit injunctions, […]

Par un arrêt du 5 septembre 2024, la Cour de justice de l’Union européenne se prononce, de façon insatisfaisante, sur une question préjudicielle visant à déterminer si la loi bulgare sur les obligations prévoyant que « la réparation du préjudice immatériel est déterminée par le juge en équité » est ou non une loi de police.

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By Reef Alfahad,  PhD Candidate at Kings College London

On 17 October 2024, a conference on ‘The Anglo-French Approaches in Arbitration’ will take place at King’s College London (UK). This conference will discuss how the French and English approaches differ when dealing with corruption in arbitration and antisuit injunctions, particularly in light of the recent UK Supreme Court decision in UniCredit v RusChemAlliance.

The event will bring together renowned experts in international arbitration and international commercial litigation.

Welcome remarks: Dr Manuel Penades (King’s College London)

The first panel will address corruption in arbitration and the review by national courts. The speakers will be:

• Jason Fry (KC): Global Head of International Arbitration at Clifford Chance,
• Dr. Jan Kleinheisterkamp, Arbitrator, JK ADR, and Visiting Professor at LSE,
• Karolina Latasz, Senior Associate, Squire Patton Boggs
• Chair: Reef Alfahad, PhD Candidate at KCL, organiser

The second panel will be dedicated to anti-suit injunctions concerning foreign seated arbitrations. The panellists will be:

• The leading counsels for both parties in UniCredit v RusChemAlliance, Alexander Gunning (KC) and Professor Jonathan Harris (KC)
• Raphaël Kaminsky, French law expert and Partner, Teynier Pic,
• Professor Dr. Maxi Scherer, Professor, Queen Mary School of Law and Arbitrator, ArbBoutique.
• Chair: Marie Berard, Head of UK Arbitration, Clifford Chance (London).

The conference will be held in English. The program is available here https://www.kcl.ac.uk/events/the-anglo-french-approaches-to-arbitration.

Registration is required at https://www.eventbrite.co.uk/e/the-anglo-french-approaches-to-arbitration-tickets-1024955999987?aff=oddtdtcreator

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M. Koen Lenaerts est réélu président de la Cour de justice de l’Union européenne