The second issue of the Journal du droit international for 2022 has just been released. It contains two articles and several case notes relating to private international law issues, including a chronique on international judicial cooperation (authored by Kamalia Mehtiyeva, University of Paris-Est Créteil).
In the first article, Sara Godechot-Patris (University of Paris-Est Créteil) discusses the new French provision on the right of withdrawal in international succession law (Le prélèvement est mort… Vive le prélèvement ! De quelques réflexions sur l’article 913, alinéa 3 du Code civil)
The English abstract reads :
The status of the reserved portion of an estate in private international law is a sensitive issue because it relates to the State’s conception of the family. While the Cour de cassation had refused to see the reserve as an essential principle of French law, the legislator has chosen to revive the right of withdrawal with the adoption of the law of August 24, 2021 reinforcing the respect of the principles of the Republic. The existence of the European regulation of 4 July 2012 on international successions, which has unified the rules in this area, has not dissuaded him from doing so. While it is not certain that such a mechanism will withstand future review by the Court of Justice of the European Union, the fact remains that for the time being practitioners must apply it. The text’s grey areas are no less numerous. The aim of this study will be to propose keys to the interpretation of this text.
In a second article, Pierre Mayer (University of Paris 1, Avocat, Paris Bar & Arbitrator) analyses important questions of (French) international arbitration law based on recent case law (À propos de deux arrêts récents de la cour d’appel de Paris rendus dans les affaires Monster Energy et Accessoires Company).
The English abstract reads :
The present article deals with two subjects which have both been addressed in two recent judgments of the International Chamber of the Paris Court of Appeal. The first subject is whether it is possible, for a party which cannot afford to pay the costs of an arbitration, to bring its claim before a French court, although it is bound by an arbitration clause. Both decisions, in identical terms, pave the way to a positive answer, and the article examines approvingly the consequences of that position. The second subject is whether a foreign award, which is alleged to have ignored a French loi de police, can be recognized in France. The article sets out a few precisions on the relationship between lois de police and public policy
In the first article, Sara Godechot-Patris (University of Paris-Est Créteil) discusses the new French provision on the right of withdrawal in international succession law (Le prélèvement est mort… Vive le prélèvement ! De quelques réflexions sur l’article 913, alinéa 3 du Code civil)
The English abstract reads :
The status of the reserved portion of an estate in private international law is a sensitive issue because it relates to the State’s conception of the family. While the Cour de cassation had refused to see the reserve as an essential principle of French law, the legislator has chosen to revive the right of withdrawal with the adoption of the law of August 24, 2021 reinforcing the respect of the principles of the Republic. The existence of the European regulation of 4 July 2012 on international successions, which has unified the rules in this area, has not dissuaded him from doing so. While it is not certain that such a mechanism will withstand future review by the Court of Justice of the European Union, the fact remains that for the time being practitioners must apply it. The text’s grey areas are no less numerous. The aim of this study will be to propose keys to the interpretation of this text.
In a second article, Pierre Mayer (University of Paris 1, Avocat, Paris Bar & Arbitrator) analyses important questions of (French) international arbitration law based on recent case law (À propos de deux arrêts récents de la cour d’appel de Paris rendus dans les affaires Monster Energy et Accessoires Company).
The English abstract reads :
The present article deals with two subjects which have both been addressed in two recent judgments of the International Chamber of the Paris Court of Appeal. The first subject is whether it is possible, for a party which cannot afford to pay the costs of an arbitration, to bring its claim before a French court, although it is bound by an arbitration clause. Both decisions, in identical terms, pave the way to a positive answer, and the article examines approvingly the consequences of that position. The second subject is whether a foreign award, which is alleged to have ignored a French loi de police, can be recognized in France. The article sets out a few precisions on the relationship between lois de police and public policy
A full table of contents can be downloaded here.
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