The third issue of the Journal du Droit International for 2020 includes three articles concerned with private international law and several case notes.
The United Nations Convention on International Settlement Agreements Resulting from Mediation was adopted on 20 December 2018 under the auspices of the United Nations Commission on International Trade Law (UNCITRAL) and will enter into force on 12 September 2020. By establishing an international mechanism for the recognition and enforcement of mediated settlement agreements, the Singapore Convention aims to encourage the use of international commercial mediation in the same way that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards had facilitated the growth of international commercial arbitration. If successful, the Singapore Convention could transform dispute settlement in the field of international trade.
In the second article, Etienne Thomas discusses the procedure for the return of the child under the Brussels 2 ter Regulation (La procédure de retour de l’enfant à l’aune du règlement Bruxelles 2 ter).
On the 25th of June 2019, the Council of the European Union adopted the regulation Brussels 2 ter, amending substantially the regulation Brussels 2 bis. Like its predecessor, regulation Brussels 2 ter complements, within the European Union, the regime of The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. It also rectifies some dysfunctions attributed to regulation Brussels 2 bis while restoring balance in the relations between the judge of the Member state of origin of the child and the judge of the Member state of execution of the return decision. Since the end of the 1990s, the Council used its best endeavours to deepen the cooperation between Member states in child abduction cases. However, the number of cases is still high. In this regard, the central issue remains, i.e. the end of judicial imbroglios, in the obvious interest of the child.
Finally, Elodie Kleider explores certain issues related to the divorce of French residents working in Switzerland (Travailler en Suisse et divorcer en France : le partage du deuxième pilier, compétence exclusive des juridictions suisses).
Since the revision of 19 June 2015 came into force, Swiss courts have exclusive jurisdiction in divorce cases, to rule upon claims for the allocation of occupational pension against Swiss pension funds (2E pillar) and will apply Swiss law. As a result, French decrees that resolved the issue by taking those assets into account when calculating the compensatory allowance will not be recognized in Switzerland anymore.
In the first article, Caroline Devaux (University of Nantes) offers an analysis of the 2018 Singapore Convention on International Settlement Agreements Resulting from Mediation (Entrée en vigueur de la Convention de Singapour : de nouveaux horizons pour la médiation commerciale internationale). The English abstract reads:
The United Nations Convention on International Settlement Agreements Resulting from Mediation was adopted on 20 December 2018 under the auspices of the United Nations Commission on International Trade Law (UNCITRAL) and will enter into force on 12 September 2020. By establishing an international mechanism for the recognition and enforcement of mediated settlement agreements, the Singapore Convention aims to encourage the use of international commercial mediation in the same way that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards had facilitated the growth of international commercial arbitration. If successful, the Singapore Convention could transform dispute settlement in the field of international trade.
In the second article, Etienne Thomas discusses the procedure for the return of the child under the Brussels 2 ter Regulation (La procédure de retour de l’enfant à l’aune du règlement Bruxelles 2 ter).
On the 25th of June 2019, the Council of the European Union adopted the regulation Brussels 2 ter, amending substantially the regulation Brussels 2 bis. Like its predecessor, regulation Brussels 2 ter complements, within the European Union, the regime of The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. It also rectifies some dysfunctions attributed to regulation Brussels 2 bis while restoring balance in the relations between the judge of the Member state of origin of the child and the judge of the Member state of execution of the return decision. Since the end of the 1990s, the Council used its best endeavours to deepen the cooperation between Member states in child abduction cases. However, the number of cases is still high. In this regard, the central issue remains, i.e. the end of judicial imbroglios, in the obvious interest of the child.
Finally, Elodie Kleider explores certain issues related to the divorce of French residents working in Switzerland (Travailler en Suisse et divorcer en France : le partage du deuxième pilier, compétence exclusive des juridictions suisses).
Since the revision of 19 June 2015 came into force, Swiss courts have exclusive jurisdiction in divorce cases, to rule upon claims for the allocation of occupational pension against Swiss pension funds (2E pillar) and will apply Swiss law. As a result, French decrees that resolved the issue by taking those assets into account when calculating the compensatory allowance will not be recognized in Switzerland anymore.
The full table of contents is available here.
Condividi:
Like this: