Agrégateur de flux

Jonathan Fitchen on Private International Law of Authentic Instruments

Conflictoflaws - jeu, 11/26/2020 - 03:53

Jonathan Fitchen who is recognised as a leading scholar on the conflict of laws aspect of authentic instruments has just published a book titled “The Private International Law of Authentic Instruments” under the Hart Studies in Private International Law.

The abstract reads as follows:

This helpful book will equip the lawyer – whether notary, barrister or solicitor – with the legal information necessary to understand what an authentic instrument is (and what it is not), what it can (and what it cannot) be used to do in the course of contentious or noncontentions legal proceedings.
The book takes a two part approach. Part one focuses on an explanation of the nature of the foreign legal concept of an authentic instrument, setting out the modes of creation, typical domestic evidentiary effects and the typical domestic options to challenge such authentic instruments. Part two then examines and analyses authentic instruments under specific European Union private international law regulations, focusing on the different cross-border legal effects allowed and procedures that apply to each such.
Rigorous, authoritative and comprehensive, this will be an invaluable tool to all practitioners in the field.

More information on the book can be found here

CJEU on Article 7.2 Brussels I bis

European Civil Justice - jeu, 11/26/2020 - 01:01

The Court of Justice (Grand Chamber) delivered on 24 November 2020 its judgment in case C‑59/19 (Wikingerhof GmbH & Co. KG v Booking.com BV), which is about an action seeking an injunction against commercial practices considered to be contrary to competition law:

“Point 2 of Article 7 of Regulation (EU) No 1215/2012 […] must be interpreted as applying to an action seeking an injunction against certain practices implemented in the context of the contractual relationship between the applicant and the defendant, based on an allegation of abuse of a dominant position by the latter in breach of competition law”.

Source: http://curia.europa.eu/juris/document/document.jsf;jsessionid=0B3C35184AED407DFB5B8CDCFD47AD38?text=&docid=234206&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=15723679

Book V-Launch: Elgar Companion to the HCCH

Conflictoflaws - mer, 11/25/2020 - 20:18

Join us on 15 December 2020 at 12 noon (The Hague) for the launch of the Elgar Companion to the Hague Conference on Private International Law, edited by Thomas John, Rishi Gulati and Ben Köhler.

 

 

The book will be launched by Christophe Bernasconi, Secretary General of the HCCH, and is followed by a conversation and Q&A on a key theme that emerged in the Companion: the importance of private international law to providing access to justice. The speakers are:

  • Professor Xandra Kramer, Erasmus University, and Deputy Judge, District Court, Rotterdam, NL
  • Justin Gleeson SC, Barrister and Arbitrator, Banco Chambers, Sydney, AUS

Register here: https://lnkd.in/d7cyVF4. 

The Companion is a unique guide to the HCCH. 35 leading international experts contributed to this work. Their contributions offer a unique critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.

For more information on the book, including endorsements by Lord Collins, Professor Basedow, Professor Silberman, Justice de Nardi, Professor Neels and Professor Reyes, click here.

HCCH Update: Upcoming Online Events and Webinars

Conflictoflaws - mer, 11/25/2020 - 18:11
HCCH a|Bridged – Edition 2020: Golden Anniversary of the HCCH 1970 Evidence Convention

Tuesday 2 December 2020, 14:15 CET

Registration | Programme | Event Website | HCCH Evidence Section
(Registration closes 17:00 CET Friday 27 November)

Building upon the success of HCCH a|Bridged – Edition 2019, this year’s edition will focus on the Evidence Convention. Edition 2020 will ensure the event remains true to its name, being short and sharp. Following a keynote speech from Professor Dr Michael Stürner entitled “50 years of the HCCH Evidence Convention – Facilitating cross-border proceedings”, the first panel will discuss the topic “Effective Taking of Evidence under Chapter I of the Convention: A Requesting State’s Perspective”, after which the second panel will consider challenges and opportunities relating to the “Taking of Evidence under Chapter II of the Convention”. The HCCH will be represented by Secretary General Dr Christophe Bernasconi, First Secretary Dr João Ribeiro-Bidaoui, and Legal Officer Ms Elizabeth Zorrilla. 

Conferencia internacional: Convención HCCH 2019 sobre Reconocimiento y Ejecución de Sentencias Extranjeras

Thursday 3 December 2020, 15:00 CET (11:00 local)

Registration | Programme | Event Website | HCCH Judgments Section

This Spanish-language international conference, co-hosted by ASADIP and the HCCH will, as its name suggests, be devoted to the HCCH 2019 Judgments Convention. The programme will cover an introduction to the Convention and the reasons why States should join, a presentation of the particular benefits of the Convention for Latin America, as well as a discussion of the implementation challenges for States in the region. The HCCH will be represented by First Secretary Dr João Ribeiro-Bidaoui and Representative for Latin America and the Caribbean Mr Ignacio Goicoechea. They will be joined by many other experts, a number of whom were involved in the negotiation of the Convention, including Explanatory Report Co-Rapporteur Professor Francisco Garcimartín.

Book Launch: Elgar Companion on the Hague Conference on Private International Law

Tuesday 15 December 2020, 12:00 CET

Registration & Programme | Elgar Companion

This comprehensive Companion, edited by Thomas John, Rishi Gulati, and Ben Koehler, is a unique guide to the HCCH, comprising contributions from international experts who have all directly or indirectly been involved with the work of the HCCH. The Companion is an assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law. The Companion will be launched by HCCH Secretary General Dr Christophe Bernasconi, followed by a Conversation and Q&A with Professor Xandra Kramer (Erasmus University Rotterdam, Netherlands) and Mr Justin Gleeson SC (Banco Chambers, Sydney, Australia) around the theme of “the importance of private international law to providing access to justice”. The launch is being organised by Grotius Chambers.

This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).

RIDOC 2020 Programme Announced

Conflictoflaws - mer, 11/25/2020 - 15:51

RIDOC 2020: Rijeka Doctoral Conference is particularly international this year both, with regard to the attending doctoral candidates and in relation to the composition of the panels. Thirty-four selected doctoral candidates will be testing their research hypothesis and methodologies in six sessions each presided by a three-member panel.

No less than two sessions might be of particular interest to this Blog’s readers:

The keynote lecture will be delivered by Professor Carlo Rimini, affiliated with University of Milano and University of Pavia, a recognised family law researcher and attorney. He will be speaking about validity of the prenuptial agreements from the methodology perspective.

Full programme is available here, and additional information may be obtained at ridoc@pravri.hr.

The entire conference will be online at the Cisco Webex platform. Attendance is free on the first-to-apply bases, but registration is necessary via this link.

One Year of Blogging (and Some Work in Progress)

EAPIL blog - mer, 11/25/2020 - 14:00

The first post of the EAPIL blog was published one year ago, on 25 November 2019. More than 300 posts have followed since, written by the blog’s editors and by no less than twenty guests.

We are trying to make the blog richer in contents, and improve its visibility.

Various private international law specialists across Europe and beyond have offered to prepare guest posts for publication in the coming days or weeks. We are eager to read their contributions and share them with our readers.

In the meanwhile, we are working to make the blog – and the Association, generally – more active on social media.

Marco Pasqua, an Associate Member of the Association, with a special interest in collective redress and the liability of corporate groups for violation of EU competition law, has kindly accepted to serve as the Association’s social media manager. Thanks a lot, Marco!

So, join us also on Twitter (@eapilorg) and Linkedin!

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