Agrégateur de flux

Wuhan University Institute of International Law, in partnership with global research leader SAGE, is delighted to announce the launce of a new journal “Chinese Journal of Transnational Law”.

The Chinese Journal of Transnational Law is a double-blind peer-reviewed journal that aims to address global challenges from the perspective of transnational law, which is broadly defined to cover international law (public and private), international economic law, comparative law, the interaction between domestic and international law, and any other legal field possessing a cross-border element. This journal embraces relevant submissions from different cultures and regions and attracts readers from the global, regional and Chinese markets. The journal shall be open to not only traditional doctrinal and theoretical legal research on transnational law, but also contextual and inter-disciplinary research. Although focused on contemporary matters in its aspiration to be a forum for the latest debates on transnational legal studies, it also considers submissions inspired by in-depth historical perspectives that cast new light on present developments. The CJTL covers broad topics including but not limited to:

• Innovative transnational dispute resolution, including both state-to-state and private dispute resolution mechanisms and the impact of culture, psychology, language and geopolitics on dispute resolution;
• Transnational trade, investment and economic governance;
• Transnational family law and the wellbeing of children, including surrogacy, child abduction and same sex marriage in the cross-border context;
• Transnational regulation of technology;
• Transnational corporate responsibility and governance;
• Transnational protection of private rights in tort and transactions;
• Transnational law and development;
• Transnational law and global health governance;
• Transnational environment protection and climate change;
• Transnational criminal law;
• Unilateral sanctions, extraterritorial regulations and blocking law.

The Chinese Journal of Transnational Law accepts submissions year round on any topic covered in the journal scope. In the meantime, the journal will publish calls for special issues occasionally. A call for the first special issue is going to be announced soon. You can find more information about this journal and submit your paper here.

In Poland v LC Corp BV, the Amsterdam first instance court mid-March refused Poland’s application for an anti-suit injunction, which would have prohibited LC Corp from seeking UNCITRAL arbitration under the now defunct Poland-Netherlands BIT, with London as curial seat.

The case echoes that of Kingdom of Spain v Blasket Renewable Investments LLC, in which the Amsterdam Court had earlier declined to hear an anti-suit injunction petition by Spain to prevent renewable investors from enforcing arbitral awards in the US: see Josep Galvez’s summary here. That case however in the meantime has encountered quite the opposite reaction from a US judge, who held end of March that Spain enjoys sovereign immunity in the case and that as a result of the CJEU’s Komstroy’s authority, neither Spain nor the defendant had power to sign up to arbitration, hence dismissing the petition to confirm an arbitral award rendered pursuant to the Energy Charter Treaty.  In turn, that decision is in contrast with earlier orders in 9REN v the Kingdom of Spain and NextEra v the Kingdom of Spain as Curtis summarise here. The Court of Appeal will now hear those issues.

The case, as Geraldo Vidigal reminded me, is also reminiscent of the interlocutory decision in ECLI:NL:RBAMS:2022:5772, also involving Poland yet in that case with an anonymised Dutch corporate defendant. In that judgment the arbitration procedure was suggested as the currently only available way for the corporation to have its day in ‘court’, seeing as in the view of the judge, the Polish rule of law crisis  questions the impartiality of the Polish courts, and the EU’s alternative Investment Court is not yet operational. Johannes Hendrik Fahner discusses that case here.

In current case, the court first of all holds that Brussels Ia’s arbitration exception is not engaged, for the case’s core, it suggests, is whether the pursuit of an arbitration proceeding despite CJEU Achmea, constitutes abuse of process. The case, it holds (4.3) does not have the questions  put to the arbitral tribunal as its object, hence the arbitration exception is not in play. 4.5 the Court re applicable law holds parties have made choice of law for Dutch law under Article 14 Rome II, obiter suggesting that finding locus damni under Rome II Article 4(1)’s general rule is not self-evident: would the damage of an abusive pursuit of arbitration proceedings, be located in The Netherlands? It is not entirely clear to me why the Court discusses applicable law (other than Dutch courts having to do so proprio motu. 4.12 the court refers to the tribunal’s Kompetenz Kompetenz. The curial seat being located outside the EU, in London, is a crucial element in the court’s reasoning, despite CJEU Achmea: it is not prima facie clear that the tribunal will refuse to hear the case. Given the overall fog re the consequences of the CJEU case-law on extra-EU arbitration, the issues are not clearly without foundation hence cannot constitute abuse.

 

With recent Australian developments (blogpost imminent), even more proverbial ECT s**** is hitting the fan. IMHO this conundrum is not going to be solved by ever more procedural forum shopping with conflicting outcomes.

Geert.

CJEU #Komstory, #ISDS claxon
First instance Amsterdam refuses anti-suit against Dutch corporation in Poland-NL based UNCITRAL #arbitration with London as curial seat
Holds BIA arbitration exception is not engaged
More on the blog soon

Poland v LC CORP BV https://t.co/WOshDCgy15

— Geert Van Calster (@GAVClaw) March 14, 2023

We can feel it in the air but also in the incoming announcements – the summer is approaching. One of the great ways to spend a part of it is at a summer school. The University of Uidne (Italy) is the host to the 16th edition of the summer school Consumer’s Rights and Market Regulation in the European Union, to be held on 12-21 July 2023.

The programme addresses aspects of legal protection of consumers and market regulation, including the private international law topics, and a moot court. The full schedule is available here. The course accepts undergraduate students, graduates (who graduated no more than five years ago), PhD students from faculties of law, economics, political science or international relations., and limited amount of posts are available on the academic qualifications bases. The early bird is until 30 April 12:00 pm GMT, and the enrollment closes on 31 May 12:00 pm GMT. For details, please consult the Call for applications Udine Summer School 2023.

The summer school is organised within the Jean Monnet Module “CoRiMaR” (Consumer’s Rights and Market Regulation in the European Union) by the Department of Legal Sciences of the University of Udine (Italy), together with a consortium of European universities including University of Essex (UK), De Montfort University (UK), Universitatea de Vest din Timisoara (Romania), East Anglia University (UK), University of Belgrade (Serbia), University of Rijeka (Croatia) and University of Szeged (Hungary).

As announced on this blog, the IX Congress of Private International Law of the University Carlos III of Madrid will take place on 4 and 5 May 2023.

It will be devoted to the Proposal for a Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood, presented by the European Commission on 7 December 2022.

The speakers include: Esperanza Castellanos Ruiz, Juliana Rodríguez Rodrigo, Ilaria Pretelli, Estelle Gallant, Antonia Durán Ayago, María José Castellanos Ruiz, Aurora Hernández Rodríguez, Javier Carrascosa González, Asunción Cebrián Salvat, Isabel Lorente Martínez, Fabrizio Marongiu Buonaiuti, Emelina Santana Páez and Alfonso-Luis Calvo Caravaca.

The programme and further information are available here.

Written by Yan WANG, Huaqiao University 

It was with great sadness that we received word from her family that Professor GUO Yujun passed away at 1:50 am GMT+8 on 22 April 2023, at the age of 59.

Professor GUO was a distinguished professor of private international law, art law, and cultural heritage law at the Wuhan University International Law Institute in China. She is the Vice-President and Secretary-General of China Society of Private International Law. During her 30 years at Wuhan University, she taught and mentored hundreds of students, inspiring many of them to work under her supervision from the undergraduate to doctoral level.

She published more than 100 academic articles and works in Chinese, English and Japanese with a wide range of domestic and international influence. She had been to Hokkaido University Law Faculty as a Japanese Government (MEXT) Scholarship student from the October 1991 to April 1993. During her academic career, she went to Harvard University, Osnabrück University, and Max Planck Institute for Comparative and International Private Law as a visiting scholar.

Professor GUO earned the affection from her family, friends, colleagues, and students. A list of her representative private international law publications can be found here.

 

This week a conference took place to honor Professor Linda Silberman at New York University (NYU). She is currently the Clarence D. Ashley Professor of Law Emerita at NYU. The full program is available here.

Anyone who has had the privilege of taking Linda Silberman’s classes would agree with me that she is an outstanding scholar and professor. Someone who takes the art of teaching to another level, a very kind and brilliant person who truly enjoys building the legal minds of the lawyers and academics of the future. In my view, nothing in the academic world compares to taking the “international litigation” class with her. Thus, this is more than a well-deserved event.

The conference flyer indicates the following:

“When Professor Linda Silberman came to NYU in 1971, she was the first woman hired for the NYU Law tenure-track faculty. In 1977, she became the first tenured female professor on the NYU Law faculty. Although she took emerita status in September 2022, she continues as the Co-Director of the NYU Center on Transnational Litigation, Arbitration, and Commercial Law. For over 30 years, Professor Silberman taught hundreds of first-year students Civil Procedure and she is the co-author of a leading Civil Procedure casebook that starts with her name. Throughout her career, Professor Silberman also taught Conflict of Laws and in the past twenty-five years branched out to teach Comparative Procedure, Transnational Litigation, and International Arbitration. Professor Silberman is a prolific scholar and her articles have been cited by numerous courts in the United States, including the Supreme Court, and also by foreign courts. Professor Silberman has been active in the American Law Institute as an Advisor on various ALI projects, including serving as a co-Reporter on a project on the recognition of foreign country judgments. She has also been a member of numerous U.S. State Department delegations to the Hague Conference on Private International Law. In 2021, Professor Silberman gave the general course on Private International Law at the Hague Academy of International Law.”

Below I include some of the publications of Professor Silberman (an exhaustive list is available here):

Books

• Civil Procedure: Theory and Practice (Wolters Kluwer 6th ed., 2022; 5th ed., 2017; 4th ed., 2013; 3d ed., 2009; 2d ed., 2006; 1st ed., 2001) (with Allan R. Stein, Tobias Barrington Wolff and Aaron D. Simowitz)
• Recognition and Enforcement of Foreign Judgments (Edward Elgar Publishing, 2017) (ed. with Franco Ferrari)
• Civil Litigation in Comparative Context (West Academic Publishing 2d ed., 2017; 1st ed., 2007) (with Oscar G. Chase, Helen Hershkoff, John Sorabji, Rolf Stürner et al.)
• Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute (American Law Institute, 2006) (with Andreas F. Lowenfeld)
• The Hague Convention on Jurisdiction and Judgments: Records of the Conference held at New York University School of Law on the Proposed Convention (Juris, 2001) (ed. with Andreas F. Lowenfeld)

Articles

• “Nonparty Jurisdiction,” 55 Vand. J. Transnat’l L. 433 (2022) (with Aaron D. Simowitz)
• “Introductory Note to Monasky v. Taglieri (U.S. Sup. Ct.),” 59 Int’l Legal Materials 873 (2020)
• “Misappropriation on a Global Scale: Extraterritoriality and Applicable Law in Transborder Trade Secrecy Cases,” 8 Cybaris Intell. Prop. L. Rev. 265 (2018) (with Rochelle C. Dreyfuss)
• “Lessons for the USA from the Hague Principles,” 22 Uniform L. Rev. 422 (2017)
• “The Transnational Case in Conflict of Laws: Two Suggestions for the New Restatement Third of Conflict of Laws—Judicial Jurisdiction over Foreign Defendants and Party Autonomy in International Contracts,” 27 Duke J. Compar. & Int’l L. 405 (2017) (with Nathan D. Yaffe)
• “The US Approach to Recognition and Enforcement of Awards After Set-Asides: The Impact of the Pemex Decision,” 40 Fordham Int’l L.J. 799 (2017) (with Nathan Yaffe)
• “Recognition and Enforcement of Foreign Judgments and Awards: What Hath Daimler Wrought?” 91 N.Y.U. L. Rev. 344 (2016)(with Aaron Simowitz)
• “The End of Another Era: Reflections on Daimler and Its Implications for Judicial Jurisdiction in the United States,” 19 Lewis & Clark L. Rev. 675 (2015)
• “Limits to Party Autonomy at the Post-Award Stage,” in Limits to Party Autonomy in International Commercial Arbitration (Juris 2016)(with Maxi Scherer)
• “United States Supreme Court Hague Abduction Decisions: Developing a Global Jurisprudence,” 9 J. Comp. L. 49 (2014);
• “The Need for a Federal Statutory Approach to the Recognition and Enforcement of Foreign County Judgments,” 26th Sokol Colloquium (2014)
• “Civil Procedure Meets International Arbitration: A Tribute to Hans Smit,” 23 Am Rev. Int. Arb. 439 (2012)
• “Goodyear and Nicastro: Observations from a Transnational and Comparative Perspective,” 63 S.Ct. L. Rev. 591 (2011)
• “Morrison v. National Australia Bank: Implications for Global Securities Class Actions,” 12 YB. Priv. Int. L. (2011 “The Role of Choice-of-Law in National Class Actions,” 156 U. Pa. L. Rev. 2001 (2008).

 

* photo credited to NYU

For quite a long time, what China had been doing for its interregional private laws was modelling their solutions on international conventions such as the Hague Service Convention, the Hague Evidence Convention and the Hague Judgments Convention etc. Normally they eventually got a slimmed-down Arrangement for the corresponding matter. This was quite different from what happed in the EU where the enhanced versions of the Hague Conventions could be seen and something extra could even be achieved. Also different from the EU where the ECJ could give answers when many questions at national law level were elevated and tested in the context of Regulations at the EU level, there has been no common court for interregional instruments within China so far. Apart from those bilateral Arrangements, all regions within China are basically treating one another as a ‘foreign country’ in terms of private laws.

The situation is, however, changing, at least from the Mainland side. Yesterday, I was invited to attend a conference which was under the support of the Supreme People’s Court of PRC and organized by the High Court of Guangdong Province that is geographically the closest one to Hong Kong and Macau. The purpose of the conference was to read the Draft Interpretation prepared by a research team of the Guangdong High Court and to be formally adopted and issued by the Supreme People’s Court later on. This Draft Interpretation is, again, an unilateral act of the Mainland China who wants to better its civil procedural rules regarding cases related to Hong Kong and Macau (possibly also Taiwan included). Indeed, different from the past experience for the past decades where inter-regional private cases were generally handled in analogy with foreign-related ones, the Mainland China is now trying to differentiate them. It wants to have more advanced and enhanced rules for interregional private cases. Keep an eye on the development of Chinese interregional private laws ……

Lex & Forum Law Review and Sakkoulas Publications SA are organizing an online conference on:

The International Dimension of Intellectual Property Disputes

PRESIDING:

Prof. Lia Athanasiou, University of Athens

PRESENTERS:

• Prof. Dan Svantesson, Faculty of Law, Bond University/Australia,

‘Intellectual Property disputes and PIL: A Swedish and Australian perspective’

• Prof. Dr. Marketa Trimble, Samuel S. Lionel Professor of Intellectual Property Law, William S. Boyd School of Law, University of Nevada, Las Vegas, Stanford University

‘The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims and Remedies’

• Prof. Dr. Gerald Spindler, Faculty of Law, Georg-August Universität Göttingen

‘EU Digital Services Act und EU Digital Markets Act and its impact on private international law’

• Dr. Ioannis Revolidis, University of Malta,

‘International jurisdiction on online copyright infringements’

More information available here

Commission / Pologne (Indépendance et vie privée des juges)
Principes du droit communautaire
État de droit : le montant de l’astreinte journalière imposée à la Pologne est réduit d’un million à 500 000 euros

FAMIMOVE is an international project co-funded by the European Commission under the JUST-2022-JCOO program. The FAMIMOVE website is now live and may be consulted by clicking here.

The project  aims to improve the protection of migrant children and families by bringing actual practice more in line with EU goals and values, such as the protection of fundamental rights and best interests of the child. It also seeks to provide more effectiveness to EU objectives through a better coordination of instruments in overlapping fields, such as Regulations in private international law in family law matters and migration law rules. The duration of the project is 24 months (from 1 January 2023 to 31 December 2024). For more information, click here.

The Consortium is coordinated by Prof. Marta Pertegás Sender (University of Maastricht) and is comprised of the following partners: Prof. Bettina Heiderhoff (University of Münster), Prof. Costanza Honorati (University of Milano-Bicocca); Prof. Fabienne Jault (University of Versailles Saint-Quentin-en-Yvelines), Prof. Ulf Maunsbach (Lund University), Prof. Orsolya Szeibert (Eötvös Loránd University) and Prof. Jinske Verhellen (Ghent University). Each Partner is further supported by colleagues with expertise in  cross-cutting fields, thus bringing together experts who are representatives from a large range of European regions. More information is available here.

FAMIMOVE (actually, FAMIMOVE 2.0) is a spin-off of an earlier project with the same name, which was very successful and resulted in two insightful documents published by the European Parliament: Children on the Move: A Private International Law Perspective and Private International Law in a Context of Increasing International Mobility: Challenges and Potential.

Any new developments on FAMIMOVE will be published here – stay tuned!

 

Two relatively new Scandinavian free online law library projects ease the accessibility of older legal writings, which opens new possibilities for researchers. First, the Danish law library project jurabog was launched. Being inspired by that, the similar Swedish project juridikbok.se followed. The two projects are both free and their respective focus are to collect older legal writings and make them available online.

Whereas the Danish project aims at collecting Danish legal writing, the Swedish project collects Swedish legal writings. The collections are general, but content several books on private international law. Even if most of them are in either Danish or Swedish, one can find private international law books written in English.

On the Danish website, one can for instance find Ole Lando’s General Course of 1985 for the Hague Academy (Recueil des Cours) which had the title The Conflict of Laws of Contracts – General Principles. Also, the general course in the same series from 1958 on The Scandinavian Conventions on Private International Law by Allan Philip is found on the website.

The Swedish library contains e.g. Michael Bogdan’s dissertation Expropriation in Private International Law (1975) as well as Stig Strömholm’s dissertation Torts in the conflict of laws (1961).

In the contemporary digital reality, the free Scandinavian law library projects seem to be pioneering by offering an alternative to the paywalls that often delay and hinder research.

La rédaction de Dalloz actualité fait une petite pause pendant les vacances de printemps.

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As announced on this blog and on the blog of the EAPIL, a series of webinar has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal.

This is just a quick reminder for those who also read the EAPIL blog – and a new announcement for those who do not – that registration is open through the form available here.

 

The programme of the series is as follows:

• 3 May 2023, webinar chaired by Claire Fenton-Glynn: Surrogacy in comparative perspective (Jens Scherpe), and What’s in it? Subject matter, scope and definitions (Cristina González Beilfuss)
• 10 May 2023, webinar chaired by Fabienne Jault-Seseke: The EU Proposal and primary EU law: a match made in heaven? (Susanne Gössl), and The law governing parenthood: are you my father? (Tobías Helms)
• 17 May 2023, webinar chaired by Nadia Rustinova: The mutual recognition of decisions under the EU Proposal: much ado about nothing? (Alina Ontanu), and Who decides on parenthood? The rules of jurisdiction (Maria Caterina Baruffi)
• 24 May 2023, webinar chaired by Steven Heylen: Authentic documents and parenthood: between recognition and acceptance (Patrick Wautelet), and The European certificate of Parenthood: a passport for parents and children? (Ilaria Pretelli)

The series of webinars is organized by Cristina González Beilfuss (Universitat de Barcelona), Susanne Gössl (Universität Bonn), Ilaria Pretelli (Institut Suisse de Droit Comparé), Tobias Helms (Universität Marburg) and Patrick Wautelet (Université de Liège) under the auspices and with the support of EAPIL, the European Association of Private International Law.

La finale du concours « European Law Moot Court » aura lieu demain, le 21 avril, à la Cour de justice de l'Union européenne à Luxembourg

Judge François Ancel (Cour de cassation) and Professor Gustavo Cerqueira (University of Nice) are the editors of a book on the Respective Roles of (French) Courts and Parties in the Application of Choice of Law Rules (L’office du juge et la règle de conflit de lois).

The book collects the proceedings of a conference held at the Cour de cassation in May 2021.

A summary of the conference is available on the website of the court in French and in English.

Intervyuirasht organ na DAB pri MS (Femmes victimes de violences domestiques)
Espace de liberté, sécurité et justice
Crime d’honneur, mariage forcé et violence domestique : l’avocat général Richard de la Tour précise les conditions dans lesquelles une ressortissante de pays tiers peut bénéficier de la protection internationale

Blue Air Aviation
Liberté d'établissement
La diffusion d’une œuvre musicale à des fins de musique d’ambiance dans un moyen de transport de passagers constitue une communication au public au sens du droit de l’Union

Autorità Garante della Concorrenza e del Mercato (Commune de Ginosa)
Liberté d'établissement
Les concessions autorisant l’exploitation des plages italiennes ne peuvent pas être renouvelées automatiquement mais doivent faire l’objet d’une procédure de sélection impartiale et transparente

The Commentary on the Brussels II ter Regulation, edited by Ulrich Magnus and the late Peter Mankowski, part of the European Commentaries on Private International Law series published by Otto Schmidt, has recently been released.

The list of authors includes Alfonso-Luis Calvo Caravaca, María-Asunción Cebrían Salvat, Gilles Cuniberti, Stefano Dominelli, Agnieszka Frąckowiak-Adamska, Estelle Gallant, Thomas Garber, Oliver Knöfel, Vesna Lazić, Luís Pietro Rocha de Lima Pinheiro, Ulrich Magnus, Peter Mankowski, Maire Ní Shúilleabháin, Marta Pertegás Sender, Walter Pintens, Ilaria Queirolo, Dimitrios K. Stamatiadis and Spyros Tsantinis.

See here for further information.

La Cour européenne des droits de l’homme continue son incursion en droit de la concurrence par le prisme des droits fondamentaux. Elle s’est prononcée sur des visites domiciliaires et saisies par l’Autorité de la concurrence et la compatibilité de l’absence de contrôle a posteriori avec l’article 8 de la Convention, laissant de côté la question substantielle des modalités de réalisation de telles opérations.

Sur la boutique Dalloz Droit de la concurrence Voir la boutique Dalloz

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