In a judgment of 20 February 2024, the Rotterdam District Court awarded a provisional measure in relation to the transfer of property rights regarding a property situated in Spain on condition that proceedings on the merits would be initiated by the claimant before the competent Spanish court. Facts A person identified in the case as […]
Technology is challenging private international law as many other areas of law. Difficulties raised by cryptocurrency transfers on blockchain are particularly significant because private international law techniques are relying on localisation, as well as on concepts such as internationality and characterisation that are not easy to identify in this case. Cryptocurrency transfers through blockchain are […]
Maxence Rivoire (PhD Candidate at the University of Cambridge and an incoming Lecturer in French Law at King’s College London) made available on SSRN his paper on ‘The Law Applicable to the Arbitrability of Registered Intellectual Property Rights’. In 2022 the paper won the Nappert Prize in International Arbitration awarded by McGill University. The abstract reads as […]
The Vrije Universiteit Brussel (VUB) and the Small Claims Analysis Net 2 (SCAN2) Project consortium partners and are organising a final conference regarding Small Claims Dispute Resolution on 22-23 February 2024. The SCAN2 final conference will be organised around two main pillars: first, present the acquired research results of the SCAN2 project to the public, […]
The author of this post is Kleopatra Koutouzi (Attorney-at-Law / In-house legal Counsel at Aims Shipping Corporation and External Collaborator with the International Labour Organisation (Maritime Unit)). In my recently published PhD research entitled Mass Claims in Maritime Law and Alternative Methods of Dispute Resolution, I attempted to answer the above question by dealing with […]
The PAX Moot case for the 2024 moot competition on private international law is now out. The 2024 Round is dedicated to Petar Šarčević. The Petar Šarčević Round explores social media platforms’ activities such as content creation and monetization from a private international law perspective. The case requires participants to deal with matters of international […]
The third issue of 2023 of the Dutch Journal of Private International Law (Nederlands Internationaal Privaatrecht) is out. It features the following contributions. An editorial by M.J. de Rooij titled Het leed van de circulerende Unieburger en het Europese begrip van de favor divortii (The distress situation of the European citizens moving abroad and the European […]
In its Communication Ensuring justice in the EU – a European judicial training strategy for 2021-2024, the European Commission underlined the importance of European judicial training opportunities that enable legal practitioners to understand the role of EU law in their daily practice and to ensure that the rights and obligations stemming from EU law are […]
Florence Guillaume (Professor of Private International Law at the University of Neuchâtel, Switzerland, and Founder of the LexTech Institute) has made available on SSRN a draft version of a paper on Decentralized Autonomous Organizations (DAOs) Before State Courts. How can private international law keep up with global digital entities? that is forthcoming in a book […]
Matthias Lehmann (University of Vienna) has made available on SSRN a new paper with the title Who Owns Bitcoin? Private Law Facing the Blockchain. The abstract reads as follows: Blockchain, or “distributed ledger” technology, has been devised as an alternative to the law of finance. While it has become clear by now that regulation in […]
Edward Elgar Publishing has just published an Advanced Introduction to Cross-Border Insolvency Law, authored by Reinhard Bork (University of Hamburg). The book is meant both for students who study company, commercial and private international law, and to practitioners who are not specialists of insolvency law. In its approach it provide both in-depth information for advance readers […]
Readers of this blog are aware that an EAPIL Working Group has been set to reflect on the reform of the Brussels I bis Regulation. A survey has been launched to collect feedback and comments on the proposals included in the Working Group’s preliminary position paper (see further here and here). Those wishing to share their views are invited […]
Tobias Lutzi (Junior Professor for Private Law at the University of Augsburg) made available on SSRN a pre-print short contribution that is forthcoming in Dalloz IP/IT entitled The Scope of the Digital Services Act and Digital Markets Act: Thoughts on the Conflict of Laws. The abstract reads as follows: The DSA and the DMA both […]
Aukje van Hoek (Professor of Private International Law and Civil Procedure at the University of Amsterdam, The Netherlands) has made available on SSRN a new research paper dedicated to Teaching Private International Law – A View From the Netherlands. A version of this paper is a forthcoming publication in Xandra Kramer and Laura Carballo Piñeiro, […]
On 26 May 2023 the Center for the Future of Dispute Resolution (Ghent Univeristy) in collaboration with leading organizations, including ArbTech, Arbitrate.com, Cepani, Cepani40 CyberArb, MetaverseLegal, and UNCITRAL will bring together leading voices in technology and dispute resolution to discuss how blockchain, the metaverse and Web3 affects and will transform arbitration The conference proposes five […]
The third issue of the Belgian Revue de droit international privé / Tijdschrijft voor international privaatrecht is now available online. The issue contains a selection of ECHR, CJEU, and Belgian national case law posing various problems of private international law. The ECHR selected cases concern the application of Article 8 ECHR on the right to […]
It is becoming a tradition for the EAPIL blog to announce the publication of the PAX Moot. It is now just around two weeks that the case has been published for the students who are keen to take part in a yearly moot competition on Private International Law. This time the Pax Moot Round is […]
Symeon Symeonides (Alex L. Parks Distinguished Professor of Law at Willamette University – College of Law) has made available on SSRN a draft of his paper on Choice of Law in Torts Arising from Infringement of Personality Rights that is being published in the 6th issue of the Revue de droit des affaires internationales/ International Business […]
On 15 September 2022, the CJEU ruled in Uniqa Versicherungen AG v. VU (Case C‑18/21) that national COVID legislation postponing time limits may affect uniform time limits provided by the European Payment Order Regulation (EOP Regulation). Background The case was a request for preliminary ruling from the Austrian Oberster Gerichtshof (Supreme Court). The request concerned […]
Priskila Pratita Penasthika (Assistant Professor in Private International Law at the Faculty of Law, Universitas Indonesia) has just published her PhD dissertation with Eleven under the title Unravelling Choice of Law in International Commercial Contracts. Indonesia as an Illustrative Case Study. The abstract reads as follows: Despite the paramount role of choice of law in […]
The Permanent Bureau of the Hague Conference on Private International Law (HCCH) is offering several three- to six-month legal internships at its office in the Hague from January to June 2023. The selected interns are expected to conduct research together with the HCCH legal team the following areas of activity of the organisation: Family and […]
The Law Faculty at University of Antwerp is offering a full-time doctoral scholarship in EU Private International Law with a focus on EU citizenship and its interaction with conflict of laws. The chosen candidate is expected to: work actively on the preparation and defence of a PhD thesis, written in English or in Dutch, on […]
Alex Mills (University College London) published a working paper on the role of territoriality in Private International Law. This is available in free access on SSRN. The abstract reads: Private international law essentially deals with the question of how we should regulate relationships and resolve disputes which have connections with more than one legal system, […]
The JUDGTUST Project (Regulation BIa: a standard for free circulation of judgments and mutual trust in the EU) conducted by the T.M.C. Asser Instituut in cooperation with Universität Hamburg, University of Antwerp and Internationaal Juridisch Instituut has come to its completion. The findings of the this research are available online here. The project was animated […]
Michael Karayanni (Bruce W. Wayne Professor of International Law at the Hebrew University of Jerusalem) published the special course he gave at the Hague Academy on The Private International Law of Class Actions: A Functional Approach in Volume 422 of Collected Courses of the Hague Academy of International Law According to Professor Karayanni, a transnational […]
Matthias Weller (University of Bonn) has published the special course that he gave at the Hague Academy in Volume 423 of Collected Courses of the Hague Academy of International Law. The title of the course is “Mutual Trust”: A Suitable Foundation for Private International Law in Regional Integration Communities and Beyond? Professor Weller reflects on […]
Stephan Madaus (Professor at Martin-Luther-University Halle Wittenberg) has made available on SSRN an interesting paper under the title The Cross-Border Effects of Restructurings. Principles for Improved Cross-Border Restructuring Laws. The paper explores latest developments in insolvency and restructuring procedures in several countries and their cross-border effects in order to inform policymakers on possible considerations to […]
A new book on civil enforcement entitled Civil Enforcement in a Comparative Perspective by Wendy Kennett (Senior Lecturer in Law at Cardiff University and Founding Chair of the Bailiff Law Reform Group (BLRG), now the Enforcement Law Review Group) has been published with Intersentia. This work by Kennett is particularly important because it concerns an area […]
The Radboud University Nijmegen is organising a hybrid conference on 9-10 June 2022 dedicated to The Role of Courts and Access to Justice in the Digital Era. The programme of the event can be consulted here. The conference is a collaboration of three groups of researchers based at Radboud University: the Institutions for Conflict Resolution […]
Ansgar Ohly (Ludwig Maximilian University Munich) wrote an interesting article addressing matters of jurisdiction and choice of law in trade secrets misappropriation cases. The article entitled Jurisdiction and Choice of Law in Trade Secrets Cases: the EU Perspective has been published in an Edward Elgar Research Handbook on Information Law and Governance edited by Sharon […]
Stefan Grundmann (Professor of Transnational Law and Theory at the European University Institute, Florence, and Professor of Private and Business Law at Humboldt-University, Berlin) and Mateusz Grochowshi (Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg, Assistant Professor at the Institute of Law Studies of the Polish Academy of […]
Giesela Rühl (Humboldt University of Berlin) has posted on SSRN a preview of her chapter on ‘Cross-Border Protection of Human Rights: The 2021 German Supply Chain Due Diligence Act’. The paper is forthcoming in 2022 in a German edited volume in honour of Jonathan Fitchen, who passed away last year (see here). The abstract reads […]
Francesco Parisi (Professor of Law at the University of Minnesota, Law School and a Professor of Economics at the University of Bologna), Daniel Pi (Assistant Professor at University of Maine School of Law) and Alice Guerra (Assistant Professor at the University of Bologna) wrote an interesting article using a law and economics approach to compare […]
The Radboud University in the Netherlands is organising a two-day symposium on 9-10 June 2022 dedicated to The role of courts in the digital era and access to justice. As underlined by the organisers: Digitalisation is often viewed as a key condition to ensuring effective justice in the modern era, enhancing “resilience” of justice systems. […]
At the beginning of December 2021 the European Commission launched a new initiative aiming to digitalise cross-border judicial cooperation – the Proposal for a Regulation on Digitalisation of Judicial Cooperation and Access to Justice in Cross-Border Civil, Commercial and Criminal Matters, and Amending Certain Acts in the Field of Judicial Cooperation. The proposed regulation does […]
Kazuaki Nishioka (visiting Research Fellow at the Law Faculty of the University of Zurich) and Yuko Nishitani (Professor of International Private and Business Law at Kyoto University Graduate School of Law) published a new book on Japanese Private International Law with Hart Publishing series – Studies in Private International Law – Asia. The volume seeks […]
The PAX Moot is a specialised moot court competition dedicated to students interested in Transnational Law and Private International Law issues. This year the Pax Moot Round is named after the Alegría Borrás Rodríguez (1943-2020). The Borrás Round of the competition will require participants to deal with the complexities and nuances of how international conventions […]
A new issue of the online Belgian Revue de droit international prive / Tijdschrift voor internationaal privaatrecht is now available. The issue features a rich selection of case law. It includes rulings given by the European Court of Human Rights (on family matters and surrogacy), the Court of Justice of the European Union (on succession, […]
Volume 415 of the Collected Courses of the Hague Academy of International Law published with Brill is dedicated to Mr. Trooboff’s Hague Academy general course lectures on ‘Globalization, Personal Jurisdiction and the Internet’. The author reviews how courts in the United States, the European Union and a number of countries such as Canada, Japan, India […]
Routledge published a new book by Johanna Hoekstra (lecturer in Law at the University of Essex, UK) on non-state rules entitled Non-State Rules in International Commercial Law. Contracts, Legal Authority and Application. The blurb reads as follows: Through further technological development and increased globalization, conducting business abroad has become easier, especially for Small and Medium […]
The second issue of 2021 of the Dutch journal Nederlands Internationaal Privaatrecht is published. This includes the following articles: K. Henckel on Rechtskeuze in het ipr-arbeidsrecht: enkele gedachten over het begunstigingsbeginsel (in English Choice of Law in PIL labour law: Some Thoughts on the Principle of Favourability). This article is available open access here. This […]
The forth edition of Prof. Dan Jerker B. Svantesson’s book on Private International Law and the Internet is being published with Wolters Kluwer. The book furnishes an exhaustive and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by […]
The Centre for Socio-Legal Studies at the University of Oxford will host a webinar on 27 July 2021 (12.00-14.00 British Summer Time (GMT+1)) dedicated to Commercial Courts in a Global Context. The event is co-sponsored by the University of Oxford (China, Law & Development), Faisalabad Industrial Estate Development & Management Company, Ease of Doing Business […]
According to Frank Woud (e-CODEX Community and External Relations Manager, Ministry of Justice and Security, The Netherlands): The full potential of the European e-commerce market has not yet been reached. While consumers feel safer buying from online stores within the borders of their own country rather than from other European countries, European traders experience a […]
Matthias Lehmann (University of Vienna) has posted National Blockchain Laws as a Threat to Capital Markets Integration on SSRN. The paper, which appeared in the European Banking Institute Working Paper Series 2021, analyses the legislation adopted by a number of countries in Europe and the US for dealing with crypto assets and distributed ledger technology for […]
On 1 July 2021, the ERC Building EU Civil Justice team at Erasmus University will be organising an online seminar (the fourth in a series of seminars dedicated to EU Civil Justice) that will be discussing the private law aspects of climate litigation touching upon the recent case law such as milieudefensie/Shell case. This case […]
The first issue of 2021 of the Netherlands Journal of Private International Law (Nederlands Internationaal Privaatrecht – NIPR) has been published. More information about the review is available here. The following articles are included in the issue: R. Vriesendorp, W. van Kesteren, E. Vilarin-Seivane and Sebastian Hinse on Automatic recognition of the Dutch undisclosed WHOA […]
The University of Manchester Law School is seeking to recruit a Lecturer in Conflicts of Law. The new appointment is meant to enhance teaching and research in Conflict of Laws, comparative private law and or commercial litigation at both undergraduate and postgraduate levels. This post will be available from 1 September 2021. The candidate must […]
Ilya Kokorin (PhD Researcher at Leiden University) and Bob Wessels (Professor Emeritus of International Insolvency Law at Leiden University and Expert Advisor on Insolvency and Restructuring Law of the European Commission) have authored together a book on Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups. This much awaited analysis has just been published with Edward […]
The Department of Juridical Sciences of the University of Bologna (Italy), Ravenna Campus, is organising a Summer School on Transnational jurisdiction: current issues in civil and commercial matters. This will be held in Ravenna (and online) between 19-23 July 2021. Given the growing relevance of cross-border litigation, the Summer School is looking to address a […]
Jan von Hein and Thalia Kruger are the editors of a new volume published with Intersentia on Informed Choices in Cross-Border Enforcement. The European State of the Art and Future Perspectives. The book is dedicated to the functioning of the European Uniform Procedures in eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, […]
In Re G (Abduction: Consent/Discretion) judgment issued on 9 February 2021 the Court of Appeal (Civil Division) of England and Wales ruled on an appeal proceeding following an order to return issued by the High Court of Justice (Family Division) based on the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The […]
A new edition of Geert van Calster’s European Private International Law. Commercial Litigation in the EU has just been published by Hart. The third edition of the book is a valuable addition to the library of any scholar, practitioner and student interested in matters of Private International Law. The book can serve as a good introduction […]
The University of Amsterdam in collaboration with the Open University, Maastricht University and Tilburg University are organising a conference on Transformative effects of covid-19 on globalisation and law, to be held online on 16 and 17 September 2021. The conference is organised within the research project named Transformative Effects of Globalisation in Law (TEGL) funded by […]
Irit Mevorach (Professor of International Commercial Law at the University of Nottingham and Co-Director of the University of Nottingham Commercial Law Centre) has wriiten an interesting article on Overlapping International Instruments for Enforcement of Insolvency Judgments: Undermining or Strengthening Universalism?. that has been just published in the European Business Organization Law Review. The abstract reads […]
The European Commission is carrying out a public consultation on the modernisation of judicial cooperation via digital technology (Modernising judicial cooperation between EU countries – use of digital technology). The consultation is opened until 5 February 2021 and will be taken into account for a proposal for an initiative by the European Commission. This will […]
Marilyn Freeman (University of Westminster, London) has written an in-depth analysis on the Child Perspective in the Context of the 1980 Hague Convention at the request of the Committee on Legal Affairs (JURI Committee) of the European Parliament. The abstract reads as follows: This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and […]
In December 2019 the Hague Conference on Private International Law (HCCH) convened experts and stakeholders from around the world to discuss technology developments in cross-border litigation in an a|Bidged event dedicated to the 1965 Service Convention. The contributions by the various speakers to The HCCH Service Convention in the Era of Electronic and Information Technology […]
The PAX Moot is a specialised moot court competition dedicated to students interested in Private International Law. The 2021 Round of the competition is named after Arthur von Mehren, a renowned scholar of international procedure law across the Atlantic, for the 15th anniversary of his passing away. This Round of the competition will focus on […]
Following a lecture delivered in September 2020 at the Max Planck Institute for Comparative and Private International Law in Hamburg, Giesela Rühl (Humboldt University of Berlin) published a paper on SSRN – Towards a German Supply Chain Act? Comments from a Choice of Law and Comparative Perspective – analysing the project for a legislative proposal […]
The European Order for Payment (EOP, Regulation (EC) No 1896/2006), the European Small Claims Procedure (ESCP, Regulation (EC) No 861/2007) and the European Account Preservation Order (EAPO, Regulation (EU) No 655/2014) applied for several years in Romania without any specific implementation legislation being adopted to coordinate their interaction with the national procedural rules. As generally […]
Emmanuel Guinchard (Northumbria University) edited Rome I and Rome II in Practice, just published by Intersentia. The publisher’s blurb reads as follows. This book is devoted to the applicable law to contractual and non-contractual obligations in the European Union. The Rome I and II Regulations provide uniform conflict of laws rule in order to avoid […]
On 6 November 2020 (13:30 – 16:30 CET) the Royal Netherlands Society of International Law (KNVIR) will be holding its Annual Meeting online via Zoom. This year the invited legal experts will be focusing on the theme of adaptability of (private) international law to the digital environment. In their presentations Marjolein Busstra, Wieteke Teeuwen (Dutch […]
