Agrégateur de flux

Puigdemont i Casamajó e.a. / Parlement
Droit institutionnel
Le viceprésident du Tribunal de l’Union européenne rejette la nouvelle demande de suspension de la levée de l’immunité parlementaire de MM. Carles Puigdemont i Casamajó et Antoni Comín i Oliveres ainsi que de Mme Clara Ponsatí i Obiols

Daniel B. Listwa (Wachtell, Lipton, Rosen & Katz) and Lea Brilmayer (Yale Law School) have posted Jurisdictional Problems, Comity Solutions: Lessons for the Restatement (Third) on SSRN:

American choice of law is today portrayed as a story of how a more modern and functionalist methodology came to overthrow the long dominant territorial system. Against this background, the situs rule—the territorial rule requiring that all property-related issues be governed by the law of the jurisdiction in which the property is located—is seen as an unusual straggler of a now-debunked theory. Central to this narrative is the idea that the vested rights theory, which was embraced by the Restatement (First) of Conflict of Laws and assumed away the possibility for overlapping jurisdictions, represented “traditional” choice of law, going back to Justice Joseph Story, the father of American conflicts law. This is the perspective adopted by the now-in-the-works Restatement (Third), which aims to usher in a new era for American conflict of laws by cutting out all vestiges of the “traditional” model—the situs rule included.

But this narrative, while broadly held, is wrong. It is a mistake to associate choice of law during the early Republic with an early twentieth-century model of territorialism. In this Essay, we explain that the early American choice-of-law model, as described by Justice Story, was not territorial, but rather intensely functional, with its prime focus being resolving the uncertainty created by the constitutional law governing the limits of personal jurisdiction and the recognition of sister-state judgments. In this context, the persistence of the situs rule appears to be not an anachronism but rather an indication that “modern” choice-of-law theories misunderstand the forces shaping conflict–of–laws doctrine today. Using the situs rule as a window into the foundations of choice of law, this Essay thus calls into question the standard narrative underlying contemporary choice-of-law literature and challenges the approach of the proposed Restatement (Third).

The article is forthcoming in the Texas Law Review.

Dans le sillage du contrôle exercé par les juridictions internes, la Cour européenne des droits de l’homme confirme la proportionnalité de la confiscation d’un immeuble appartenant au requérant, condamné pour récidive d’association de malfaiteurs, en application d’une peine complémentaire permettant la confiscation générale du patrimoine.

Sur la boutique Dalloz Code pénal 2022, annoté Voir la boutique Dalloz

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Le RSA alloué à l’accompagnant d’un citoyen de l’Union européenne ne peut pas bénéficier à l’accompagnant d’un citoyen français.

Sur la boutique Dalloz Code de l’entrée et du séjour des étrangers et du droit d’asile 2022, annoté et commenté Voir la boutique Dalloz

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Ditto Ltd v Drive-Thru Records LLC [2021] EWHC 2035 (Ch) discusses the contract and tort gateways for jurisdiction in England and Wales (they need to be met for claimant to hold onto an earlier granted permission for ‘service out’ of the jurisdiction). The dispute concerns the world of music catalogues, advance royalties and (marketing) services rendered, or not, in regard to the  catalogued artists. Defendants are both based in California, claimant is England-incorporated. Concurrent proceedings are underway in New York.

Of interest to the blog is firstly the contractual gateway, which is to some degree assessed under retained EU law, for as part of its argument, claimant argues the lex contractus is English law.  That determination of the applicable law is done under (retained( EU law and Francis DM holds that it is not English law. No choice of law had been made per Article 3, which (in the absence of any protected categories) brings us into the cascade of A4 Rome I. It is worthwhile to repeat counsel argument in full [56-57]

Ms Lacob [for defendants] contended that the law of the agreements should be determined in accordance with paragraph (2) as being that of the State of California. That was on the basis that the party which was required to effect the characteristic performance of each of the agreements was Drive-Thru and War Road respectively, and their country, or (in this case) territorial unit, of habitual residence, being the place where they had their central administration, was California. She identified the performance which was characteristic of each of the agreements as being Drive-Thru and War Road’s obligations to licence the exploitation of their portfolio works, to remaster and remix their recordings or the release new recordings, as the case may be, and (in the case of War Road) to sign up new bands; in contrast, Ditto’s only obligation was to pay money which was not the performance which was characteristic of the agreements.

Mr Kitson for Ditto [claimant] took issue with this. He pointed to the fact that Drive-Thru and War Road themselves contended in the New York proceedings that Ditto was in breach of its obligations (whether express or implied) under the agreements to take possession of the recordings and to distribute the same so as to earn royalties for the parties’ joint benefit. Thus, he argued, the performance characteristic of the agreement was not all on the side of Drive-Thru and War Road.

The reference to the arguments in the New York proceedings is interesting for it suggests ‘form’. However the judge agreed [58] with defendants that

these agreements are ones under which there were substantial performance obligations (other than simply the payment of money) on both sides. In reality, the agreements were joint ventures for the development and exploitation of Drive-Thru’s and War Road’s existing and future portfolio works for their mutual benefit. They are the type of agreements which Mann J refers to in his judgment in Apple Corps at paragraph 54 where it is not possible to identify a characteristic performance provided by one only of the parties.

Even the centre of gravity rule (recital 19, which the judge does not refer to) does not assist here hence the analysis needs to jump to A4(4)’s ‘proper law of the contract’ rule.  [59]

What then is the country or territorial unit with which the agreements are most closely connected? On the evidence before me, I am satisfied that it is the State of California. That was where Drive-Thru and War Road were based and where for the most part they would perform their obligations under the agreements. In contrast, Ditto’s own obligations relating to the digital distribution of the portfolio works were not ones which, on the evidence, fell to be performed in England to any particular extent, even if Ditto’s central administration was based in England. Instead, Ditto’s rights to exploitation of the portfolio works, and any corresponding obligations relating to the distribution of such works, were worldwide, reflecting the global reach of the Ditto Music brand.

Conclusion is that California law is the lex contractus.

The contractual gateway was however found to have been fulfilled on the basis of CPR PD6B paragraph 3.1 ‘contract made within the jurisdiction’. The judge finds that the contracts were ‘made’ both in CAL and in E&W [54] although he does lament [48] the artificial nature of the issue as the law currently stands: were contracts are ‘made’. I find this is especially relevant in a contemporary context of electronic correspondence, Zoom meetings and the like. Where a contract is ‘made’ seems fairly nugatory these days.

The tort gateway is discussed without reference to UKSC Brownlie for that was en route at the time of the discussions in current case. It is at any rate held to be met [[71] for claimant has quite clearly sustained damage in England as a result of the alleged misrepresentations.

At [72] ff follows an interesting, brief discussion on the location of intellectual property with finally the curtain drawn on English proceedings as a result of forum non [80 ff].

Geert.

 

1/2 Ditto v Drive-Thru Records [2021] EWHC 2035 (Ch) (17 November 2021)
Permission to serve out set aside
Contract gateway discussed viz retained EU law, A4(4) Rome I (leading to CAL law)
Tort gateway upheld: damage sustained in E&W
Obiter discussion of…

— Geert Van Calster (@GAVClaw) November 18, 2021

The German Federal Bar Association (Bundesrechtsanwaltskammer – BRAK) and the German Israeli Lawyer’s Association (DIJV) will host a comparative, English-language workshop on legal tech in legal education. Confirmed Speakers are Professor Ruth Janal (University of Bayreuth), Dr. Aviv Gaon (Harry Radzyner Law School, Reichman University, IDC Herzliya) and Professor Christian Wolf (Leibniz University, Hanover). The workshop will take place via Zoom on 2 December 2021. For further information and registration, see here.

 

Under Article 32(2) of the Regulation No 1346/2000 (the “old” Insolvency Regulation, now repealed by the Regulation 2015/848), “the liquidators in the main and any secondary proceedings shall lodge in other proceedings claims which have already been lodged in the proceedings for which they were appointed, provided that the interests of creditors in the latter proceedings are served thereby, subject to the right of creditors to oppose that or to withdraw the lodgement of their claims where the law applicable so provides”.

The Regulation No 1346/2000 does not expressly stipulate the point in time when the claims already lodged in the proceedings for which a liquidator has been appointed should be brought in such other proceedings. That being said, its Article 4, for the purposes of the main proceedings, and its Article 28, for the purposes of secondary proceedings, clarify that, unless otherwise provided for in the Regulation, the law of the State in which proceedings are opened (lex concursus) is to apply to all proceedings.

As put by AG Campos Sánchez-Bordona in his Opinion presented back in May, that is why, in the case ALPINE BAU, C-25/20, a Slovenian court asked the Court of Justice whether the liquidator in the main insolvency proceedings conducted in Austria, who is seeking to file, in secondary proceedings conducted against the same debtor in Slovenia, claims which he already filed in the former proceedings, is subject to the time limits (and the consequences of failure to comply with those time limits) laid down in Slovenian law.

A different interpretation that the referring court also put into consideration consists on the idea that the Regulation lays down, in Article 32(2), a special right for a liquidator to lodge claims in other insolvency proceedings without being bound by any time limit (see point 13 of the request available here).

Another rival interpretation seemed to be, at least in the light of point 28 of the Opinion, implicitly endorsed by the liquidator in the main insolvency proceeding in the written observations. According to that interpretation, the time limits for lodging claims in any other proceedings are determined in accordance with the lex concursus of the main proceedings.

 

Opinion of AG

In his Opinion, AG Campos Sánchez-Bordona pronounced himself in favor of the first interpretation and proposed to the Court to consider that where the liquidator for the main insolvency proceedings lodges claims in secondary proceedings, the time limits for the lodgement of those claims, and the consequences of lodging claims out of time, are governed by the law of the State in which the secondary proceedings were opened.

 

Judgment of the Court

This Thursday, the Court delivered its judgment in the case at hand. In essence, the Court agreed with the answer proposed in the Opinion. More precisely, it held that Article 32(2) of the Regulation No 1346/2000, read in conjunction with Articles 4 and 28 of the Regulation (these two provisions did not, however, appear in the preliminary question, yet the Court seemingly considered it necessary to introduce them in its reading of the question and consequently in its answer, see paragraph 26 of the judgment), is to be interpreted as meaning that the time limits for the lodgement of the claims, and the consequences of lodging claims out of time, are governed by the law of the State in which the secondary proceedings were opened (paragraph 42).

The judgment itself is all the more interesting as it also deals – and ultimately rejects – the other two interpretations mentioned above, at its paragraphs 34-40 and 41, respectively.

The judgment is available here, in French.

In its judgment delivered this Thursday in the case IB, C-289/20, the Court of Justice addresses the issue of multiple places of residence under the Brussels II bis Regulation in the context of a request for a preliminary ruling originating from the proceedings for a divorce.

As a reminder, the preliminary question referred to the Court in this case reads as follows:

Where, as in the present case, it is apparent from the factual circumstances that one of the spouses divides his time between two Member States, is it permissible to conclude, in accordance with and for the purposes of the application of Article 3 of [the Brussels II bis Regulation] that he or she is habitually resident in two Member States, such that, if the conditions listed in that article are met in two Member States, the courts of those two States have equal jurisdiction to rule on the divorce?

 

Opinion of AG

As reported back in July, AG Campos Sánchez-Bordona delivered his Opinion in this case. As there is no English translation of the Opinion yet, a short reminder of its essential findings does not seem redundant.

In essence, AG proposed to the Court to consider that under the Brussels II bis Regulation a spouse may have only one place of habitual residence (points 83 et 90). If, in fact, as the preliminary question presupposes, a spouse divides his life between two Member States, it has to be considered that he or she does not have a place of habitual residence within the meaning of Article 3 of the Regulation (point 98). If that leads ultimately to the situation where no forum within the EU can hear the case for a divorce, in order to remedy situations of denial of justice, the jurisdiction might be exceptionally attributed to the courts of one of the Member State where the spouse resides (points 100 and 101).

An English translation of the answer proposed in point 101 of the Opinion is also available at the EAPIL blog due to the courtesy of Marta Requejo Isidro.

 

Judgment of the Court

In its judgment, the Court also considered that while a spouse may have multiple places of residence, that person may have only one place of “habitual residence” within the meaning of Article 3(1)(a) of the Brussels II bis Regulation (paragraph 51).

Reminding that it is for the national court to establish the habitual residence of the spouse, taking account of all the circumstances of fact specific to each individual case (paragraph 52), the Court provided the referring court with some further guidance as to that task. A cursory lecture of the judgment seems to reveal a suggestion according to which, following that guidance and at least a priori, it should be possible to identify a single place of habitual residence of the spouse in the circumstances of the case at hand (paragraphs 61 and 62).

As noted in the previous post, in its points 100 and 101, the Opinion seemed to endorse a forum of necessity made available to the applicant through the interpretation of the Brussels II Regulation itself. The Court did not elaborate on that issue, confining itself to the interpretation of Article 3 of the Regulation, hinting on the aforementioned a priori suggestion as to the identification of the place of habitual residence.

The judgment is available here, in French.

[UPDATE: for a press release in English, click here].

IB (Résidence habituelle d’un époux - Divorce)
Espace de liberté, sécurité et justice
Compétence juridictionnelle pour connaître d’une demande en divorce : la Cour précise le sens et la portée de la notion de « résidence habituelle » d’un époux

StWL Städtische Werke Lauf a.d. Pegnitz
Rapprochement des législations
Inbox advertising : l’affichage dans la boîte de réception électronique de messages publicitaires sous une forme qui s’apparente à celle d’un véritable courrier électronique constitue une utilisation de courrier électronique à des fins de prospection directe au sens de la directive 2002/58

Delfarma
Libre circulation des marchandises
Le droit de l’Union s’oppose à une réglementation nationale prévoyant l’expiration de plein droit, sans examen d’un éventuel risque pour la santé et la vie des personnes, d’une autorisation d’importation parallèle d’un médicament un an après l’expiration de l’autorisation de mise sur le marché du médicament de référence 

État luxembourgeois (Informations sur un groupe de contribuables)
Rapprochement des législations
Coopération administrative dans le domaine fiscal : une demande d’informations peut concerner un groupe de personnes identifiables, mais non nominativement et individuellement identifiées

Aldricus – Jasa rental catering begitu diperlukan untuk mengsukseskan acara terutama acara besar untuk kantor anda. Meskipun pandemic belum juga berakhir, tetapi tidak ada salahnya anda mencoba peruntungan membuka jasa rental catering untuk usaha pertama anda, asalkan protocol Kesehatan yang dilakukan sudah sebenar-benarnya untuk jasa rental catering yang anda buka sebagai usaha pertama anda. Perhatikan hal berikut ini untuk memilih jasa rental catering terbaik yang dikutip dari co create id.

Tips Memilih jasa rental catering terbaik pertama untuk acara anda di PaDi UMKM yaitu Lakukan Riset & Sampling, Lakukan survei terlebih dahulu mengenai apa saja yang saat ini sedang diminati oleh banyak orang. Kemudian, lakukan sampling untuk mengetahui apakah masakan kamu enak dan gak membosankan. Cara ini juga bisa membantu kamu menentukan variasi menu.

Tips Memilih jasa rental catering terbaik kedua untuk acara anda di PaDi UMKM yaitu Tawarkan Beberapa Pilihan Paket, Berikan beberapa pilihan paket agar calon pembeli bisa memilih sesuai dengan keinginan. Contohnya, pilihan paket diet, paket hemat, paket vegetarian, atau paket lainnya. Berikan harga yang lebih murah dibanding harga satuan, agar mereka tertarik untuk mencoba katering kamu.

Tips Memilih jasa rental catering terbaik ketiga untuk acara anda di PaDi UMKM yaitu Lakukan Kesepakatan, Kesepakatan yang harus diperhatikan antara lain jam pengantaran katering. Dalam hal ini, sebaiknya kamu gak terlambat, karena keterlambatan bisa mengurangi nilai usaha sehingga ada kemungkinan pembeli memutuskan untuk gak memperpanjang kerja sama dengan kamu.

Tips Memilih jasa rental catering terbaik keempat untuk acara anda di PaDi UMKM yaitu Perhatikan Pelanggan, Kamu juga perlu masukan mengenai masakan yang telah dibuat. Sering-seringlah melakukan survei terhadap pelanggan. Seluruh masukan dan kritik dari pelanggan bisa kamu gunakan untuk mengembangkan usaha katering.

Tips Memilih jasa rental catering terbaik kelima untuk acara anda di PaDi UMKM yaitu Minta Testimoni, Testimoni bisa menjadi semacam kesaksian kalau konsumen puas terhadap masakan yang mereka dapat. Testimoni tersebut bisa digunakan sebagai tanda bahwa katering kamu enak dan terpercaya. Dengan ini, kamu jadi punya nilai lebih untuk memasarkannya ke tempat-tempat baru. Dalam beberapa bulan setelah usaha berjalan, bukan gak mungkin pemasukan dan pengeluaran kamu masih belum teratur. Ada banyak kemungkinan yang akan memengaruhi hal ini, misalnya belum memiliki banyak pelanggan setia dengan jadwal pemesanan yang teratur. Kalau begini, ada baiknya kamu memiliki tabungan khusus untuk memisahkan omzet usahamu dari simpanan pribadi. Jadi seluruh pengeluaran dan pemasukan usaha kateringmu bisa lebih terkontrol. Terlebih, jika sewaktu-waktu kateringmu mendapat pesanan dalam jumlah yang lebih banyak, kamu bisa mengambilnya kapan saja sebagai modal tambahan.

The post CALON PEMBELI, PASTIKAN JASA CATERING ANDA MEMILIKI PROGRAM INI KETIKA MELAKUKAN PENJUALAN appeared first on Aldri Blog.

This post introduces the paper by Fernando Gascón and Guillermo Schumann published in Ius Dictum, 5, 2021, The rules on lis pendens and on res judicata in the ELI/UNIDROIT Model European Rules of Civil Procedure. A pre-print version of the article is available here. Many thanks to Guillermo Schumann for the input.

Introduction

In 2020 the European Law Institute and UNIDROIT approved the European Rules of Civil Procedure (“ERCP”, also called “Model European Rules of Civil Procedure”): a set of rules intended to design a model, or, if preferred, an ideal civil procedure, with the potential to be operational in any European country. In that regard, it could be said that the ERCP aim to be a “Model Code of Civil Procedure” (although the “code” word has been purposely avoided by the Rules’ drafters) for European countries or, in a certain way, a sort of “Code of Best Practices”. Although a soft law instrument, the Rules stand as a unique text reflecting the outcome of an exhaustive and remarkable work of legal comparison by scholars and practitioners all around Europe (see on this point F. Gascón Inchausti, Las European Rules of Civil Procedure: ¿un punto de partida para la armonización del proceso civil?, Cuadernos de Derecho Transnacional, 2021).

The comparison has not only looked into national systems but has also considered existing European legislation and the acquis communautaire, as well as the case law of the CJEU and the European Court of Human Rights. The intention of the drafters has been to spot the best solution to difficulties faced by all legislators when planning a fair and efficient civil process —best practices or best rules approach—.

The paper by Fernando Gascón and Guillermo Schumann is devoted in particular to the rules on lis pendens (Rules 142-146) and res judicata (Rules 147-152), taking into account their mutual functional relationship, but also their interplay with other procedural institutions in the ERCP.

Lis Pendens and Res Judicata in a System in which “All the Pieces of the Puzzle Work Together”

As stated, the ERCP map out a comprehensive model of a declaratory civil procedure in which the different parts of the Rules are interrelated and meant to work as a system on its own. Therefore, the proper understanding of each rule requires looking at it within the structure. Consequently, the solutions provided by a rule can only be considered as “the best” and as a “model” because they have been conceived to operate inside that systematic ensemble.

Lis pendens and res judicata are legal institutions belonging to the “hardcore” of all procedural legal orders and, because of that, they had to be addressed by the ERCP.

Lis pendens, the rules on related actions and res judicata tend, among other, to regulate the relationship between parallel proceedings, with the same or connected subject matters, that are ongoing or that have ended with a final judgment. This is a decisive issue for both domestic and cross-border litigation. Lis pendens aims at preserving the future negative effect of res judicata in cases of proceedings with identical subject matters, while the stay and consolidation of strongly connected proceedings serve the purpose of preserving its positive effect. Therefore, these legal institutions are necessarily connected among them, but also with others such as the very definition of the “subject matter” of the proceedings or the “preclusion of the cause of action”.

A main goal of the ERCP is indeed to provide for a complete and systematic body of rules where  all “pieces of the puzzle work together” in a coherent manner.

The Lis Pendens and Related Actions in the ERCP: A (Quasi) Transplantation of the Regime of Brussels I Regulation (Recast)

The regulation of lis pendens and related actions proposed in the ERCP is based on the Brussels I Regulation (recast) (Articles 29-32) and on the case law of the CJEU on it. The drafters of the ERCP, having in mind that the European provisions are already working within the Union, thus that the national courts are already familiar with them, considered transplantation into domestic litigation as the best option.

It should be noted, though, that the Brussels I Regulation (recast) aims at regulating the European lis pendens within legal orders having different understandings of the notion of the “subject matter of the dispute” – sometimes, of lis pendens itself. The main purpose of the Brussels I Regulation (recast) and of the case law of the Court of Justice is therefore to set up, from a functional perspective, a system capable to operate detached from the conceptual constructs of the member States. To do so, the Court of Justice has shaped autonomous notions as a way to keep the system operating where indispensable: lis pendens is one of these notions.

Moreover, the scope of the Brussels I Regulation (recast) is limited, both because of the legislative competence of the EU and of the scope of the legal instrument itself. By way of consequence, the EU lawmaker had to address a wide range of issues arising in situations of cross-border parallel proceedings with a limited range of legal tools. This has entailed that the CJEU has broadened (or narrowed, as the case may be) the traditional scope of legal institutions conferring upon them functions that are carried out by other means in the internal legal systems of the Member States.

By contrast, the ERCP have the possibility and the purpose of providing for a complete system. In that vein, a quasi-automatic import of the lis pendens rules from the Brussels I Regulation (recast) may not offer the best solution in all circumstances. Not surprisingly, some of the mismatches and shadows already pointed out by academia concerning the regulation of lis pendens in Brussels I Regulation (recast) appear to be present in the ERCP as well.

Having this in mind, the paper by Fernando Gascón and Guillermo Schumann tries to shed some light on how the lis pendens and related actions operate within the system of the ERCP. It examines the function of the lis pendens and its relationship with the subject matter of the proceedings, the priority principle as the general rule for lis pendens in the ERCP, the exceptions to this principle, the related-actions regime and its relationship with the consolidation of proceedings.

The Rules on Res Judicata in the ERCP

There are different ways to understand and establish the boundaries of res judicata in the many legal orders across Europe. Whether the notion is restrictive or broad usually depends on which part of a judgement becomes res judicata: whether only the operative part of it, or also the legal reasoning. There are also important differences regarding the types of judgments that become res judicata.

As has just been said, the rules on lis pendens and on the stay and consolidation of “strongly related” proceedings tend to preserve the future negative and positive effect of res judicata. Because of that, the scope of res judicata inevitably impacts the regulation of those legal institutions.

From this overall approach, the paper examines the concept of finality in the ERCP, the types of judgments that become res judicata, the material, temporal and subjective scope of res judicata and the powers of the court concerning its assessment. Special attention is paid to the attribution of res judicata to judgments on procedural issues — e.g., the CJEU decision in the Gothaer case —, and to the relationship between the material scope of res judicata and the preclusion of causes of action that, with a broader or more limited scope and following diverse conceptual constructions, is known to most European legal orders.

Conclusion

The European Rules of Civil Procedure are an exciting initiative that shows the utility of Comparative Law as a tool to improve the civil justice system and the protection of the citizens’ rights —at the end of the day, this is what it all is about—. They are a unique instrument, which, on the one hand, facilitates self-cognition in that they allow seeing oneself mirrored in the “others”; on the other, they booster the European harmonization of civil procedure on a common basis.

Pour refuser l’exécution d’un mandat d’arrêt européen, les juges doivent apprécier la proportionnalité de l’atteinte portée au droit au respect de la vie privée et familiale de la personne recherchée, et non par sa délivrance.

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The University of Turin and ILO International Training Centre’s Master in International Trade Law is pleased to announce that on Friday 10 December 2021 it will host a webinar (co-organised with UNIDROIT) on UNIDROIT’s Projects and Technology. The event will take place at 2.00 P.M. CET on Zoom via the following link: https://itcilo-org.zoom.us/j/84727714249?pwd=RC8vcFRibVZLY2pYRVpNQ0dza3JJdz09

The event will be introduced by Professor Silvia Ferreri (University of Turin). The speakers’ panel will be composed by Professor Anna Veneziano (Deputy Secretary-General, UNIDROIT, and University of Teramo), Professor Theresa Rodriguez de las Heras Ballel (University Carlos III, Madrid, and Roy Goode Scholar, UNIDROIT) and Dr. Philine Wehling (Legal Officer, UNIDROIT). Professor Cristina Poncibò (University of Turin) and Professor Gustavo Prieto (Ghent University) will participate as discussants.

Please find the event’s flyer below:

 

A webinar in English on Recent judgments on corporate responsibility for environmental damages will take place on 26 November 2021, from 15.00 to 17.00 CET, organised by the Interest Group on Private International Law of the Italian Society of International Law (SIDI).

The speakers will be Olivera Boskovic and Silvia Marino.

The event is part of a cycle titled Private International Law in Europe: New Developments on Corporate Social Responsibility and Private International Law. See here for further details.

Attendance is free. Those wishing to join the webinar are invited to send an e-mail to sidigdipp@gmail.com.

Yesterday the Mexican Senate appointed Loretta Ortiz Ahlf as a new Justice at the Mexican Supreme Court (Suprema Corte de Justicia de la Nación de México). She is a senior member (miembro numerario) of the Mexican Academy of Private International and Comparative Law (AMEDIP). Loretta Ortiz Ahlf has had several political and legal positions in the Mexican government as Congress Representative, Advisor of Human Rights, among others. For more information, click here.

This appointment will certainly further the knowledge of Private International Law and Human Rights at the Mexican Supreme Court.

 

Louis d’Avout (University Paris II Panthéon-Assas) has posted a short paper in French on the Resurgence of the 1934 Franco-British Convention on the Enforcement of Foreign Judgments (La résurgence de la convention franco-britannique du 18 janvier 1934 pour l’exécution des jugements étrangers) on the website of the French Committee for Private International Law.

Unlike the Haut Comité Juridique de la Place Financière de Paris, which has opined that the 1934 Convention was abrogated by the Brussels Convention, Prof. d’Avout submits that the 1934 bilateral convention is still in force and governs the enforcement of British judgments in France. He notes that the requirements for enforcing judgments are, from a French perspective, old and potentially more restrictive than the French common law of judgments, but underscores that the Convention was interpreted initially as allowing the application of a more favourable common law of judgments by the Contracting States.

The paper is the written version of a speech given in a recent conference on Brexit organised by the Committee.

 

Dear Friends and Colleagues,

During the ongoing pandemic, the University of Bonn has remained very careful and did not allow on-site events of a larger scale so far. We have therefore once again made the decision to reschedule our Conference (originally planned for the 25/26 September 2020, and postponed to 13/14 September 2021) now to Friday and Saturday, 9 and 10 September 2022. Let’s hope the best that the pandemic will have withdrawn to an extent that allows our conference taking place as now planned.

As there are reasonable expectations for the HCCH 2019 Judgments Convention to enter into force by the end of 2022 or early 2023, we are confident – especially with a view to the latest Proposal of the European Commission – that we will experience an even more focused and rewarding discussion of our topic.

The list of speakers includes internationally leading scholars, practitioners and experts from the most excellent Universities, the Hague Conference on Private International Law (HCCH), the United Nations Commission on International Trade Law (UNCITRAL), and the European Commission (DG Trade, DG Justice). The Conference is co-hosted by the Permanent Bureau of the HCCH.

The Organizers kindly ask participants to contribute with EUR 200.- to the costs of the event and with EUR 50.- to the conference dinner, should they wish to participate. There is a limited capacity for young scholars to contribute with EUR 100.- to the conference (the costs for the dinner remain unchanged).

Please register with sekretariat.weller@jura.uni-bonn.de. Clearly indicate whether you want to benefit from the young scholars’ reduction of the conference fees and whether you want to participate in the conference dinner. You will receive an invoice for the respective conference fee and, if applicable, for the conference dinner. Please make sure that we receive your payment at least two weeks in advance. After receiving your payment we will send out a confirmation of your registration. This confirmation will allow you to access the conference hall and the conference dinner.

Please note: Access will only be granted if you are fully vaccinated against Covid-19. Please confirm in your registration that you are, and attach an e-copy of your vaccination document. Please follow further instructions on site, e.g. prepare for producing a current negative test, if required by University or State regulation at that moment. We will keep you updated. Thank you for your cooperation.

Further information: https://www.jura.uni-bonn.de/professur-prof-dr-weller/the-hcch2019-judgments-convention-cornerstones-prospects-outlook-conference-on-9-and-10- september-2022

 

Dates:                        Friday, 9 September 2022, and Saturday, 10 September 2022

Venue:                      Universitätsclub Bonn, Konviktstraße 9, D – 53113 Bonn

Registration:          sekretariat.weller@jura.uni-bonn.de

 

Registration fee:                                                     € 200.-

Young Scholars rate (limited capacity):        € 100.-

Dinner:                                                                       €   50.-

  

Programme

 Friday, 9 September 2022

 

8.30 a.m.      Registration

9.00 a.m.      Welcome notes

Prof Dr Wulf-Henning Roth, Director of the Zentrum für Europäisches Wirtschaftsrecht, Rheinische Friedrich-Wilhelms-Universität Bonn, Germany

Dr Christophe Bernasconi, Secretary General of the HCCH

 

Part I: Cornerstones

1. Scope of application

Prof Dr Xandra Kramer, Erasmus University Rotterdam, Utrecht University, Netherlands

2. Judgments, Recognition, Enforcement

Prof Dr Wolfgang Hau, Ludwig-Maximilians-Universität Munich, Germany

3. Indirect jurisdiction

Prof Dr Pietro Franzina, Catholic University of Milan, Italy

4. Grounds for refusal

Dr Marcos Dotta Salgueiro, Adj. Professor of Private International Law, Law Faculty, UR, Uruguay; Director of International Law Affairs, Ministry of Foreign Affairs, Uruguay

5. Trust management: Establishment of relations between Contracting States

Dr João Ribeiro-Bidaoui, First Secretary, HCCH / Dr Cristina Mariottini, Senior Research Fellow at the Max Planck Institute for International, European and Regulatory Law Luxemburg

 

1.00 p.m.                Lunchbreak

 

Part II:  Prospects for the World

1. The HCCH System for choice of court agreements: Relationship of the HCCH Judgments Convention 2019 to the HCCH 2005 Convention on Choice of Court Agreements

Prof Dr Paul Beaumont, University of Stirling, United Kingdom

2. The HCCH System and the Brussels System: Relations to the Brussels and Lugano Regime

Prof Dr Marie-Élodie Ancel, Université Paris-Est Créteil, France

3. European Union

Dr Andreas Stein, Head of Unit, DG JUST – A1 “Civil Justice”, European Commission

4. Canada, USA

Professor Linda J. Silberman, Clarence D. Ashley Professor of Law, Co-Director, Center for Transnational Litigation, Arbitration, and Commercial Law, New York University School of Law, USA / Professor Geneviève Saumier, Peter M. Laing Q.C. Professor of Law, McGill Faculty of Law, Canada

5. Southeast European Neighbouring and EU Candidate Countries

Prof Dr Ilija Rumenov, Associate Professor at Ss. Cyril and Methodius University, Skopje, Macedonia

8.00 p.m.      Conference Dinner (€ 50.-)

  

Saturday, 10 September 2022

 

9.00 a.m.      Part II continued: Prospects for the World

6. Middle East and North Africa (including Gulf Cooperation Council)

Prof Dr Beligh Elbalti, Associate Professor at the Graduate School of Law and Politics at Osaka University, Japan

7. Sub-Saharan Africa (including Commonwealth of Nations)

Prof Dr Abubakri Yekini, University of Manchester, United Kingdom / Prof Dr Chukwuma Okoli, Postdoctoral Researcher in Private International Law at the T.M.C. Asser Institute, Netherlands

8. Southern Common Market (MERCOSUR)

Prof Dr Verónica Ruiz Abou-Nigm, Director of Internationalisation, Senior Lecturer in International Private Law, School of Law, University of Edinburgh, United Kingdom

9. Association of Southeast Asian Nations (ASEAN)

Prof Dr Adeline Chong, Associate Professor of Law, Yong Pung How School of Law, Singapore Management University, Singapore

10. China (including Belt and Road Initiative)

Prof Dr Zheng (Sophia) Tang, University of Newcastle, United Kingdom

 

1.00 p.m.               Lunch Break

 

Part III: Outlook

1. Lessons from the Genesis of the Judgments Project

Dr Ning Zhao, Senior Legal Officer, HCCH

2. International Commercial Arbitration and Judicial Cooperation in civil matters: Towards an Integrated Approach

José Angelo Estrella-Faria, Principal Legal Officer and Head, Legislative Branch, International Trade Law Division, Office of Legal Affairs, United Nations; Former Secretary General of UNIDROIT

3. General Synthesis and Future Perspectives

Hans van Loon, Former Secretary General of the HCCH

 

Please also consult our Repository HCCH 2019 Judgments Convention for the latest publications and materials on our subject-matter.