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À la faveur de sa première interprétation du règlement n° 655/2014, la CJUE clarifie la ligne de partage entre les deux cas d’ouverture de la procédure d’obtention d’une ordonnance européenne de saisie conservatoire et précise les notions de « procédure au fond » et de « circonstances exceptionnelles ».

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A.K. (Indépendance de la chambre disciplinaire de la Cour suprême)
Droit institutionnel
La juridiction de renvoi doit vérifier l’indépendance de la nouvelle chambre disciplinaire de la Cour suprême polonaise afin de déterminer si cette instance peut connaître des litiges relatifs à la mise à la retraite des juges de la Cour suprême ou si de tels litiges doivent être examinés par une autre juridiction répondant à cette exigence d’indépendance

PAX Moot is a specialized moot court competition focused on Transnational Law and Private International Law issues. In this competition, participants will be able to learn and apply first-hand the complexities and nuances of how international Conventions and Regulations interact in the context of globalization. Without pleading on the merits of the case, PAX Moot participants will be given a case geared towards jurisdictional and choice of law disputes. Clear goals will be given to each team as to which preliminary ruling they will be striving to achieve, which will form the primary contention of the moot.

The moot court competition comprises a written round and oral round. The oral round will be scheduled as a 2 full-day event on 27-29 May 2020. The first day of the competition (general rounds) will be held at the University of Antwerp. On the second day, the participating teams will be invited to the EU Commission in Brussels, where the semi-finals and final rounds will be held.  Registration will open on 13 January 2020, and the case will be published at around the same time. The Registration fee is set at 100 Euros per Team.

The organisers, thanks to the JUDGTRUST project co-funded by the European Commission, are able to offer some financial support covering transportation and accommodation costs relating to the oral round for a number of participating teams.

For further information please visit www.paxmoot.com. or email us at info@paxmoot.com.

Sincerely,

PAX Moot Team

A quick note on Hiscox v Weyerhaeuser [2019] EWHC 2671 (Comm), in which Knowles J was asked to continue an anti-suit injunction restraining Weyerhaeuser from continuing proceedings in the US courts and ordering parties to turn to arbitration. He obliged.

In April 2018 Weyerhaeuser filed proceedings in the US District Court (Western District of Washington at Seattle)for a declaratory judgment in respect of certain of its insurance excess policies in the tower of excess liability. Weyerhaeuser sought, among other things, a declaration that there is no valid arbitration agreement applicable to any coverage disputes between itself and various defendant insurers and that the US District Court is the appropriate forum for any such disputes.

Knowles J lists the various proceedings pending in the US however particularly in the light of all parties being established businesses, is not impressed by arguments of comity or fairness to restrain the English courts from further involvement in the matter. He expresses the hope and expectation that the US courts will come to the same conclusion as himself, in light of the contractual provisions.

Geert.

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

Pourvoi c/ Cour d'appel de Montpellier, 18 décembre 2018

Cour d'appel de Rennes, 4 octobre 2019

Tribunal correctionnel de Paris, 2 octobre 2019

Pourvoi c/ Cour d'assises des Deux-Sèvres, 6 novembre 2018

Tribunal d'instance de Paris (17ème), 3 octobre 2019

Cour d'appel de Colmar, 3 octobre 2019

Contrôle d'identité

The Max Planck Institute Luxembourg is currently recruiting new members for its team. Two types of positions are currently open:

I. Research Fellow in EU and Comparative Procedural Law (PhD candidate)

The Max Planck Institute Luxembourg would like to appoint highly qualified candidates for two open positions as Research Fellow (PhD candidate) for the Research Department of European and Comparative Procedural Law

• Fixed-term contract for 24 months, a contract extension is possible, 40 hrs/week

Your tasks

The Research Fellow will conduct legal research (contribution to common research projects and own publications), particularly in the field of European and Comparative Procedural Law, while playing a central role in undertaking and developing team-driven projects within the Institute and in partnership with international collaborators.

The successful candidate will have the opportunity to contribute to the development of the Department of European and Comparative Procedural Law led by Prof. Burkhard Hess and, in parallel, work on her/his PhD project.

The Research Fellow is expected to write her/his PhD thesis and perform the major part of her/his PhD research work in the premises of the Institute in Luxembourg, but also in close collaboration with her/his external supervisor and with the university or institution delivering her/his PhD diploma. Supervision of the PhD-thesis by Prof. Burkhard Hess will also be possible.

Your profile

The applicants are required to have obtained at least a Master degree in Law with outstanding results and to have a deep knowledge of domestic and EU procedural law. According to the academic grades already received, candidates must rank within the top 5-10%.

The successful candidate should demonstrate a great interest and curiosity for fundamental research and have a high potential to develop excellence in academic research. Proficiency in English is compulsory (written and oral); further language skills (in French and German notably) are an advantage.

Documents required

Documents required: a detailed CV incl. list of publications; copies of academic records; a PhD project description of no more than 1-2 pages with the name of the foreseen PhD supervisor and the name of the institution awarding the PhD certificate; the name and contact details of two referees.

Please apply online until 31 December 2019.

Contact: recruitment@mpi.lu

II. Senior Research Fellow in Procedural Law (Postdoc)

The Max Planck Institute Luxembourg would like to appoint a highly qualified candidate for one open position as Senior Research Fellow for the Research Department of European and Comparative Procedural Law.

• Fixed-term contract for 36 months, a contract extension is possible, 40 hrs/week

Your tasks

The Senior Research Fellow will conduct postdoctoral research (own publications and contribution to common research projects), in the field of Comparative Procedural Law, while playing a central role in undertaking and developing team-driven projects within the Institute and in partnership with international collaborators.

The position is open to candidates interested in acquiring a postdoctoral academic qualification in the form of a postdoctoral thesis (or a German Habilitation) or other publications. Teaching at law faculties is accepted.

Your profile

Applicants must have earned a degree in law and hold a PhD degree by the time they join the MPI, preferably in a topic falling within the scope of Procedural and/or Civil Law. The successful candidate shall possess a strong interest and aptitude for legal research and have a high potential to develop excellence in academic research.

Her/his CV must portray a consolidated background in Procedural and/or Civil Law. Prior publications in this field of the law shall be highly regarded in the selection process. A solid background in German law will be positively considered. Full proficiency in English (and other foreign languages) is compulsory (written and oral).

Documents required

Documents required: detailed CV incl. list of publications, one to two own legal manuscripts with no more than approx. 50 pages in total, such as one chapter of the PhD thesis or a scholarly paper; a research project description of no more than 1-2 pages; the name and contact details of two referees.

Please apply online until 30 November 2019

Contact: recruitment@mpi.lu

For additional information on all the positions listed, see here.

The Max Planck Institute Luxembourg is an equal opportunity employer.