Agrégateur de flux

Tribunal correctionnel de Bordeaux, 20 décembre 2019

Pourvoi c/ Cour d'appel de Versailles, 20 juin 2019

Pourvoi c/ Cour d'appel d'Amiens, 20 mai 2019

Tribunal d'instance de Saint-Germain-en-Laye, 29 octobre 2019

Pourvoi c/ Cour d'appel de Pau, 31 janvier 2019

Pourvoi c/ chambre de l'instruction de la Cour d'appel de Cayenne, 28 mai 2019

Pourvoi c/ chambre de l'instruction de la Cour d'appel de Paris, 5 novembre 2019

The event is free to attend. The following URL provides full information and registration details: https://www.eventbrite.com/e/the-development-of-private-international-law-in-the-uk-post-brexit-tickets-89779245139

Date: Friday 28th February 2020, 9am-5pm.

Location: Queen Mary University of London, 67-69 Lincoln’s Inn Fields, Room 3.1, London, WC2A 3JB

This is the first of four public AHRC workshops on Private International Law after Brexit from global, European, Commonwealth and intra-UK perspectives.

About the event

With Brexit having taken place on 31 January 2020 this workshop comes at an ideal time to focus on how private international law in the UK should develop once the implementation period for the UK leaving the EU has finished (which under UK law should be on 31 December 2020). Several eminent speakers will address the issue from four key perspectives:

• Global – Professor Trevor Hartley LSE
• Commonwealth – Professor David McClean, University of Sheffield
• EU/EEA – Michael Wilderspin – Commission Legal Service
• Intra-UK – Dr Kirsty Hood QC, Faculty of Advocates, Scotland

There will be a discussant for each perspective and then plenty of time for questions and comments after each main speaker.

The workshop will also hear from the organisers of this AHRC Research Network:

• Professor Paul Beaumont, University of Stirling
• Dr Mihail Danov, University of Exeter (who will report on his English pilot study)

Furthermore some empirical research findings will be shared by:

• Professor Sophia Tang, University of Newcastle
• Dr Jayne Holliday, University of Stirling

Those interested in advising on the development of this Research Network are welcome to stay for an informal meeting to be held at the end of the workshop between 5.10 and 6pm.

This event is free and open to all but registration is required because spaces are limited.

Professor Paul Beaumont and Dr Mihail Danov would like to thank Queen Mary University of London for their wonderful support by hosting the first three workshops and also AHRC for funding the Research Network.

Future Events

The second and third workshop of this series will be held on Wednesday 1st and Thursday 2nd April 2020 in the same location, Queen Mary University of London, Room 3.1, 67-69 Lincoln’s Inn Field, London and will focus on the future development of private international law in the UK in relation to commercial law (April 1) and family law (April 2).

The final workshop will be held on Thursday 2nd July 2020. This will be held as a joint venture with the Journal of Private International Law and will be held at Reed Smith, Broadgate Tower, 20 Primrose Street, EC2A 2RS

Tickets for these events will be available shortly.

Cour d'appel de Rennes, 7 novembre 2019

Pourvoi c/ Cour d'appel de Paris, 3 avril 2019

Pourvoi c/ Chambre de l'application des peines de la Cour d'appel de Paris, 14 mars 2019

Pourvoi c/ Cour d'appel de Nîmes, 17 mai 2019

Tribunal de grande instance de Paris, 12 novembre 2019

Cour d'appel d'Aix-en-Provence, 8 novembre 2019

Pourvoi c/ chambre de l'instruction de la Cour d'appel de Toulouse, 1er octobre 2019

[2019] EWHC 3568 (Comm) Enka Insaat ve Sanayi v OOO “Insurance Company Chubb” et al. is the very swift follow-up to [2019] EWHC 2729 (Comm) which I review here. I flag the case mostly for:

• at 8, Baker J siding with Males J (and myself) per Nori Holding, that West Tankers is still good authority following Brussels Ia despite Wathelet AG’s suggestions in Gazprom;
• the brief reference at 9, as to whether under Rome I injunctive relief for threat of contractual breach is covered by lex fori or lex contractus. Baker J concludes that issue simply by reminding us that Rome I does not apply to arbitration agreements;
• At 47 ff the discussion of choice of law in spite of no express clause having been included to that effect. Specifically, with reference to Sulamerica, whether choice of seat may imply choice of law.

Geert.

(Handbook of) EU private international law, 2nd ed. 2016, Chapter 2, Heading 2.2.1. 

by Matthias Lehmann

Smart contracts and the conflict of laws is a widely discussed topic today (see for instance the post by Giesela Rühl). A new contribution to this debate comes from ISDA, the International Swaps and Derivatives, in collaboration with the Singapore Academy of Law and leading law firms. Also involved is the provider of an existing smart contract platform (Corda), which guarantees the paper’s practical relevance. The analysis focuses on a potential smart derivative contract to be implemented on Corda. 

The authors of the paper take the view that a court in Singapore and the UK would have little difficulties in determining the law governing such a contract – it would simply be the one chosen in the derivatives master agreement. The same goes for the choice of the competent court. In this context, it is important to note that only B2B transactions are considered, with no consumer contracts being involved. The authors also see little risk for the intervention of public policy rules.

Collateralised derivative transactions, which are of utmost practical importance, are more problematic to the extent that the collateral is governed by the lex rei sitae. But the paper also sees a way out here: The collateral could be represented by a token (through so-called tokenisation). Given that tokens have no real geographic location, the law applicable to the token could be determined again by a choice of the parties. 

The paper even suggests an innovative way to avoid the need for enforcement: The parties could agree that the “notary” of the platform must implement any judgment rendered by the chosen court. In this way, the need to apply for cross-border recognition and enforcement in the country in which the platform is established would fall away. 

Whether this proposal works in practice remains to be seen. One may reasonably fret that the platform will not enjoy complete immunity from the country in which it is established. As long as the courts of this country are liberal, there is however little reason for fear. The Singapore High Court has already shown its readiness to extending property protection to the holders of cryptocurrencies. The country could thus provide a safe haven for the operation of a smart derivatives platform, but that does not exclude the continuing power of its courts to intervene and the possible application of national law, e.g. in case of an insolvency of the platform provider.

Tribunal d'instance de Nancy, 28 novembre 2019