On 11 April 2024, the CJEU delivered its judgment in case C-183/23, Credit Agricole Bank Polska. The case was concerned with a consumer who was previously domiciled in a Member State, but who had relocated to an unknown location. It raised the issue of the territorial scope of the Brussels I bis Regulation. The CJEU confirms its […]
This post was written by Mathilde Codazzi, who is a doctoral student at the University Paris II Panthéon-Assas. In a judgment of 13 December 2023, the French Cour de cassation ruled that Italian decisions establishing parentage of an adult child in her 50s could be granted exequatur for it was not contrary to French international […]
The Rail Protocol to the Cape Town Convention on International Interests in Mobile Equipment entered into force on 8 March 2024. Resolving Conflit Mobile One of the main goals of the Cape Town Convention was to resolve the perennial problem of change of applicable law governing security interests over tangible moveable assets (conflit mobile). The […]
This is the second contribution to the EAPIL Online Symposium on Inkreal. The first contribution was written by Sergi Gimenez. As reported earlier on this blog, the CJEU ruled in Inkreal s.r.o. v. Dúha reality s.r.o. (Case C‑566/22) that Article 25 of the Brussels I bis Regulation applies to clauses stipulated in domestic contracts if […]
The seventh edition of the French leading treatise on the European law of jurisdiction and foreign judgments in civil and commercial matters (Compétence et exécution des jugements en Europe – Règlements 44/2001 et 1215/2012 – Conventions de Bruxelles (1968) et de Lugano (1988 et 2007)) has just been published. It is authored by Emeritus Prof. […]
In a previous post, I presented the traditional approach of the French Supreme Court in civil and criminal matters (Cour de cassation) on the applicable law to the time limit to enforce foreign judgments, which was confirmed by a judgment of 11 January 2023. But the central issue addressed by this judgment was whether the […]
An unintended consequence of the war in Ukraine is that a number of Ukrainian surrogate mothers have travelled to other countries to give birth. The French press has reported that surrogate mothers who had entered into agreements with French residents were repatriated to France to give birth there. The problem is that surrogacy is prohibited […]
The University of Luxembourg will host a conference on Enforcing Arbitral Awards against Sovereigns: Recent Trends and Practice on 10 January 2024. The conference is organised in partnership with Bonn, Steichen and Partners. The conference will be divided in four parts. The first will discuss the influence of EU law on enforcement. The second will address […]
The Paris Court of Appeal will celebrate the fifth anniversary of the establishment of its chamber dedicated to international disputes in a symposium on December 13th, 2023 (4-7 pm). This will be an opportunity to take stock of its achievements by reviewing progress made since 2018, the modus operandi, the perception of the Chamber’s users, […]
Dear readers, dear EAPIL Members, You might have received the email below, from gilles.cuniberti@gmx.de. This is a fraud, please do not answer. GC Dear xx, How are you doing today?. Please, I need your assistance for the EAPL. Get back to me by email so I can explain further. Best regards Gilles […]
This is the second of a series of posts which will present how the issue of the applicable law to the time limit to enforce or recognise foreign judgments is addressed in comparative private international law. The first post presented the view of the Swiss federal tribunal. In a judgment of 11 January 2023, the […]
This is the first of a series of posts which will present how the issue of the applicable law to the time limit to enforce or recognise foreign judgments is addressed in comparative private international law. The second post in the series is found here. In a judgment of 2 August 2022, the Swiss Federal […]
Anabela Susana de Sousa Gonçalves (University of Minho) has posted The material limits of the European Succession Regulation on SSRN. The abstract reads: Cross-border successions have their legal framework in the European Union (EU) in Regulation No 650/2012 of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of […]
On 20 June 2022, the CJEU rendered its judgment in London Steam-Ship Owners’ Mutual Assistance Association Ltd v Spain. The judgment, which dramatically altered the understanding of the arbitration exception under the Brussels instruments, gave rise to heated comments and debates, including an on-line symposium on this blog. On 6 October 2023, the English High Court […]
In a judgment of 28 June 2023, the French Supreme Court for Private and Criminal Matters (Cour de cassation) ruled that foreign states may rely on their immunity from suit in exequatur proceedings. As a result, the court confirmed that French courts could dismiss proceedings to declare enforceable a US judgment which had retained jurisdiction […]
On 7 September 2023, the Court of Justice of the European Union ruled in Case C-590/21, Charles Taylor Adjusting that judgements ordering a party to pay certain sums of money for violating a choice of court agreement are ‘quasi anti suit injunctions’ which violate mutual trust. The courts of Member States are therefore free to consider […]
Horatia Muir Watt (Sciences Po Law School) has published the lecture that she gave as the 18th Rabel Lecture in November 2022 on Alterity in the Conflict of Laws – An Onthology of the In-Between. The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism […]
On 13 April 2023, the University Paris Dauphine hosted a conference on State Immunity from Enforcement (L’immunité d’exécution de l’Etat). Speakers included Philippe Théry (Univ. Paris Panthéon-Assas), Louis Perreau-Saussine (Univ. Paris Dauphine), Gilles Cuniberi (Univ. Luxembourg), Sophie Lemaire (Université Paris Dauphine), Nathalie Meyer-Fabre (Avocate au Barreau de Paris), Duncan Fairgrieve (Univ. Paris Dauphine), Fabrizio Marrella (Univ. Ca’ […]
Joseph Singer (Harvard Law School) has posted Conflict of Abortion Laws on SSRN. The abstract reads: When a resident of an anti-abortion state goes to a prochoice state to get an abortion, which law applies to that person? To the abortion provider? To anyone who helps them obtain the abortion? Since Dobbs v. Jackson Women’s Health Organization […]
The Department of Private International Law at the University of Groningen is looking for an assistant professor in the field of European private international law to strengthen education and research. Candidates from outside the Netherlands are expressly invited to apply. The responsibilities include: teaching English language classes on private international law within the existing bachelor- and […]
Lawrence Collins (UCL, former Justice of the UK Supreme Court) has posted Reflections on the Law Governing Confidentiality in Arbitration on SSRN. The abstract reads: The paper considers the law governing confidentiality in international arbitration, and in particular where there is a binary choice between the law governing the arbitration agreement and the law of the seat of the […]
On 13 July 2023, the Court of Justice of the European Union ruled in case C-87/22 that the court of a Member State where children were wrongfully removed by one of their parent can be requested to assume jurisdiction as a better place court than the court of their formal habitual residence, but that an application […]
Some EAPIL members are reporting they receive e-mails allegedly sent on my behalf requesting help for the Association. These e-mails were not sent either by me or any EAPIL official. Please ignore them.
The second issue of the Revue critique de droit international privé of 2023 contains three articles on private international law and numerous casenotes. In the first article, Sandrine Brachotte (St Louis and Lille Universities) advocates a decolonial approach of private international law (Pour une approche décoloniale du droit international privé). The abstract reads: This article […]
In a judgment of 17 May 2023 (Albaniabeg Ambient sh.p.k v. v. Enel Spa), the French supreme court for private and criminal matters (Cour de cassation) denied enforcement in France to an Albanian judgment on the ground that it had been sought for the purpose of evading an arbitral award made beforehand in Italy. Background […]
The Legal High Committee for Financial Markets of Paris issued a report on the work of the international commercial chambers of Paris courts (Bilan du fonctionnement des chambres internationales du tribunal de commerce et de la cour d’appel de Paris) in March 2023. The report discusses the competitive environment of the Paris international commercial courts, the […]
On 17 May 2023, the CJEU delivered its judgment in Fonds de Garantie des Victimes des Actes de Terrorisme et d’Autres Infractions (FGTI) v. Victoria Seguros SA (Case C‑264/22). This is a case on the delineation of the respective scopes of the law governing torts and the law governing subrogation. The answer given by the […]
Hanoch Dagan (Tel Aviv University) and Sagi Peari (University of Western Australia) have posted on Choice of Law Meets Private Law Theory on SSRN. Choice of law can, and often should, be an important feature of an autonomy-enhancing law as it expands the possible frameworks within which people can govern their affairs. The theory of […]
Ralf Michaels (Max Planck Institute Hamburg) has posted Private International Law and the Legal Pluriverse on SSRN. The abstract reads: Private international law responds to the plurality of existing normative orders, and at the same time, as domestic law, it partakes in that plurality. As a consequence, private international law does not overcome legal plurality, nor does it provide a metanormativity […]
Several EAPIL members have received over the last few days the same e-mail, allegedly sent by the President, asking them to help the association. Unsurprisingly, those who answered the e-mail have received in return a request to tranfer money to a vendor… Nobody in the EAPIL Board has ever sent such an email. This is […]
The first issue of the Revue critique de droit international privé of 2023 is primarily dedicated to the Restatement Third of Conflict of Laws. Restatement Third Lea Brilmayer (Yale) starts the discussion with an article on The (Third) Restatement of Conflicts and “The Ordinary Processes of Statutory Construction”. One of the reporters of the Restatement, […]
Judge François Ancel (Cour de cassation) and Professor Gustavo Cerqueira (University of Nice) are the editors of a book on the Respective Roles of (French) Courts and Parties in the Application of Choice of Law Rules (L’office du juge et la règle de conflit de lois). The book collects the proceedings of a conference held […]
The desirability of adopting a French code of private international law in a field dominated by EU law is hotly debated in France. In October 2022, the French Committee of Private International Law hosted a conference on the project. The text of the presentations is freely available here. The presentations were followed by a Q&A […]
Lotario Benedetto Dittrich (University of Trieste) has written a Study at the request of the JURI committee of the European Parliament on Ensuring Efficient Cooperation with the UK in civil law matters. The abstract reads: This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the […]
On 13 April 2023, the University Paris Dauphine will host a conference on State Immunity from Enforcement (L’immunité d’exécution de l’Etat). The conference will be divided in four parts. The first will discuss the interaction of the various sources of the immunity from enforcement. The second will discuss the influence of human rights and arbitration. […]
In a judgment of 11 January 2023, the French supreme court for private and criminal matters (Cour de cassation) ruled that enforcement measures can be validly carried out 5 minutes after the certificate provided for in Article 53 of the Brussels I bis Regulation was served on the judgment debtor. I have already reported on this […]
The EAPIL Working Group on the Reform of the Brussels I bis Regulation has issued a preliminary position paper formulating proposals for reforming the Regulation. The proposals are based on the opinions expressed by the members of the working group and the participants at the conference held at the Max Planck Institute Luxembourg in September […]
Matthias Lehmann (University of Vienna) and Gilles Cuniberti (University of Luxembourg) are considering establishing an EAPIL Working Group on the Law Governing Digital Assets. The first project of the Working Group would be to write a position paper to be filed for the purpose of the online consultation of the Draft UNIDROIT Principles and Commentary on […]
In a judgment of 11 January 2023, the French supreme court for private and criminal matters (Cour de cassation) ruled that the exclusive jurisdiction of the courts of the place where a public registry is held under Article 24(3) of the Brussels I bis Regulation only covers actions concerned with the formal validity of an […]
The European Commission has announced earlier today that it has sent a letter of formal notice to Poland (INFR(2021)2001) for failure to fulfil its obligations under the Brussels IIa Regulation. The infringement case concerns the non-conformity of the Polish law with the Brussels IIa Regulation, specifically the provisions relating to the enforcement of judgments or orders […]
Mathilde Codazzi, who is a master student at the University Paris II Panthéon-Assas, contributed to this post. In a judgment of 8 November 2022, the international commercial chamber at the Paris Court of Appeal (ICCP-CA) addressed the issue of the applicable law to a claim for loss due to fraudulent misappropriation of funds transferred on […]
On 22 December 2022, the CJEU ruled on the concept of civil and commercial matters in Eurelec Trading & Scabel v. (French) Ministre de l’Economie et des Finances (case C‑98/22). The case, which is not (yet?) available in English, is discussed by Geert van Calster here. The case was again concerned with an action based on […]
Aukje A.H. Van Hoek (University of Amsterdam) has posted The Declaratory Judgment – Between Remedy and Procedural Technique on SSRN. The abstract reads: This contributions discussed a very technical issue of private international law that turned out to be crucial in several class actions held in the Netherland regarding torts committed in common law countries: Should the question whether courts in […]
In a judgment of 7 September 2022, the French supreme court for private and criminal matters (Cour de cassation) addressed several issues arising out of applications to declare enforceable judgments wrongfully filed under the Brussels I Regulation. While the Brussels I bis Regulation does not provide for a declaration of enforceability of judgments anymore, the […]
On 2 November 2022, the UK Supreme Court delivered its judgment in The Soldiers, Sailors, Airmen and Families Association – Forces Help and another (Respondents) v Allgemeines Krankenhaus Viersen GmbH (Appellant). The issue at stake was whether the Civil Liability (Contribution) Act 1978, which regulates whether a person liable from a damage may recover contribution […]
As announced in an earlier post, the International Law Association will celebrate its 150 anniversary next year through a number of events. The celebration will start with an inaugural conference which will take place on line on 12 January 2023 and will discuss the role of parliaments in the creation of International Law so that […]
The Experts’ Group on the Parentage/Surrogacy Project of the Hage Conference on Private International Law (HCCH) has issued its Final Report on The feasibility of one or more private international law instruments on legal parentage on 1 November 2022. The conclusions of the report are as follows: The Group agreed on the desirability of, and […]
Dominique Bureau (University of Paris II Panthéon Assas) and Horatia Muir Watt (Sciences Po Law school) have published earlier this week in La Semaine Juridique (édition générale) a critique of the desirability of codifying private international law at national level in a field dominated by EU and international norms (Codifier à contretemps… À propos d’un […]
The fourth issue of the Journal du droit international for 2022 has just been released. While it contains a number of case notes relating to private international law issues, it is mainly conceived as a tribute to the late Emmanuel Gaillard and publishes a number of contributions to the conference Emmanuel Gaillard Theory in Action which […]
Diego Zambrano, Mariah Mastrodimos and Sergio Valente (Stanford Law School) have posted The Full Faith and Credit Clause and the Puzzle of Abortion Laws on SSRN. The abstract reads: Even before Dobbs overturned Roe v. Wade, states and legal observers were debating the constitutionality of another abortion-related law: Texas SB8. In mid-2021, Texas adopted a powerful new anti-abortion […]
Jonathan Harris and Campbell McLachlan are the editors of Essays in International Litigation for Lord Collins (OUP, 2022). As its title makes clear, this is a collection of essays written to honour Lawrence Collins, who was a leading practitioner (partner at Herbert Smith, then judge, eventually on the UK Supreme Court), but also the general […]
Luís de Lima Pinheiro (University of Lisbon) has posted The Spatial Reach of Injunctions for Privacy and Personal Data Protection on the Internet Revisited on SSRN. The abstract reads: This study deals with the spatial reach of injunctions addressed to online intermediaries for removal, blocking or delisting of content for the protection of the right […]
José Angelo Estrella Faria (UNCITRAL) has published his Hague Lectures on the protection of religious cultural property in public international law and private international law (La protection des biens culturels d’intérêt religieux en droit international public et en droit international privé) in the Collected Courses of The Hague Academy of International Law (volume 421). The […]
Perry Dane (Rutgers) law schools has posted Party Autonomy and the Challenge of Choice of Law on SSRN. The abstract reads: A perennial question in choice of law is whether parties to a contract can select the jurisdiction whose law will govern their contract. This so-called “party autonomy” problem is vexing and intriguing, in part because contemporary […]
In a judgment of 12 January 2022, the French Supreme Court for civil and criminal matters (Cour de cassation) ruled again that foreign judgments ordering the payment of disproportionate financial awards violate French public policy and will be denied enforcement on this ground. Background The case was concerned with a loan made by a Russian […]
Florence Guillaume and Swen Riva (University of Neuchatel) have posted Blockchain Dispute Resolution for Decentralized Autonomous Organizations: The Rise of Decentralized Autonomous Justice on SSRN. For the past twenty years, the use of the Internet has facilitated international commercial relations between people who do not know each other and who are geographically distant. Disputes resulting […]
The third issue of the Journal du droit international for 2022 was released in July. It contains two articles and several case notes relating to private international law issues. In the first article, Caroline Kleiner (University of Paris Cité) discusses the private international law dimension of the sanctions against Russia (L‘application des « sanctions économiques » adoptées […]
The European Commission has announced that the European Union and Ukraine both joined the 2019 Hague Judgments Convention today. More specifically, the EU has acceded and Ukraine has ratified the Convention on 29 August 2022. Didier Reynders, EU Commissioner for Justice, said: Today‘s accession is the culmination of years of intense efforts. By being the […]
On 13 September 2022, the French Société de législation comparée will hold a conference on ascertainment of foreign law under the French Draft Code of Private International Law. The full programme of the conference can be found here. The speakers will discuss the provisions of the draft code on ex officio application and proof of […]
The Permanent Bureau is looking for one intern for the period September to December 2022 or September 2022 to February 2023 to work on the 1993 Adoption Convention and the Parentage / Surrogacy Project. Applications will be accepted until 18:00 hours (CEST), Friday 29 July 2022. Prospective applicants should complete an online application form and submit the […]
This is the most important take of the judgment delivered on 7 July 2022 in LKW WALTER Internationale Transportorganisation AG (Case C-7/21) (see already the report of K. Pacula here). Under Article 12 of the Service Regulation Recast (formerly Article 8 of Regulation 1393/2007), the addressee of a document has a right to refuse to […]
Mathilde Codazzi, who is a master student at the university Paris II Panthéon-Assas, contributed to this post. In a judgment of 15 June 2022, the French supreme court for private and criminal matters (Cour de cassation) addressed the issue of jurisdiction for loss suffered as a consequence of fraudulent misappropriation of funds transferred on a […]
This is the second contribution to an online symposium on the ruling of the European Court of Justice, of 20 June 2022, in London Steam-Ship Owners’ Mutual Assistance Association Ltd v Spain. The first post was contributed by Adrian Briggs. Update:other contributions to the symposium have been published in the meanwhile, authored by Antonio Leandro […]
Lydia Lundstedt (University of Stockholm) has posted Gtflix TV V Dr: ‘Same Ole Same Ole’ or Has the CJEU Broken New Ground? on SSRN. In Gtflix Tv v DR, the Grand Chamber of the Court of Justice of the European Union (CJEU) handed down an important decision confirming the mosaic approach and the accessibility approach […]
On 2 June 2022, the CJEU ruled in Case C-196/21 that courts are not ‘applicants’ in the meaning of Article 5(2) of the 2007 Service Regulation and should thus not bear the costs of translating documents sent to foreign based third parties seeking to intervene in the court proceedings. The reasons given by the CJEU […]
The University of Bretagne – Loire, France, is seeking to recruit a doctoral candidate to conduct research on ex officio application of private international law rules under the supervision of Prof. David Sindres. The doctoral thesis is to be written in French. The issue of ex officio application of choice of law rules is a […]
EAPIL has established a working group on Reforming Regulation (EU) No 1215/2012 (Brussels I bis). In the light of the evaluation of the Brussels I bis Regulation which is currently being conducted by the European Commission, the aim of the working group is to assess the functioning of the Regulation and make proposals for its […]
This is the second of a series of posts on the French draft code of private international law of March 2022. The previous post in the series dealt with the issue of renvoi. The draft code of private international law proposes to reform significantly the regime of choice of law rules before French courts and includes […]
A conference on the location of damage in private international law will be held at Paris Cité University on 30 and 31 May 2022. The conference is convened by Olivera Boskovic and Caroline Kleiner. Speakers include Laurence Idot, Ugljesa Grusic, Aline Tenenbaum, Dmitriy Galuschko, Etienne Farnoux, Veronica Ruiz Abou-Nigm, Ludovic Pailler, Symeon C. Symeonides, Tristan […]
This is the first in a series of posts on the French draft code of private international law of March 2022. The draft code of private international law contains one single provision on renvoi. The Proposed Rule Article 8 of the draft code reads: Unless provided otherwise in this code, the designation of foreign law […]
In July 2018, the French Minister of Justice invited Jean-Pierre Ancel, a former judge of the Cour de cassation (French supreme court for private and criminal matters) to establish a working group for the purpose of reflecting on the codification of French private international law. In March 2022, the working group handed its work to […]
Zohra Mchirgui (University of Tunis) has published a monograph on Exclusive Choice of Court Agreements under the 2005 Hague Convention (L’accord exclusif d’élection de for à travers la Convention de La Haye de 2005). The book is a revised version of the doctoral dissertation that she defended at the University of Luxembourg a few years […]
Christopher A. Whytock (University of California at Irvine School of law) has posted Transnational Litigation in U.S. Courts: A Theoretical and Empirical Reassessment on SSRN. The abstract reads: It is widely claimed that the level of transnational litigation in U.S. courts is high and increasing, primarily due to forum shopping by foreign plaintiffs. This “transnational forum shopping claim” […]
In a judgment of 11 May 2021 (Stetsov v. Ukraine; final version: 11 August 2021), the European Court of Human Rights (ECtHR) ruled on whether commercial claims may be enforced by restraining the debtor from leaving the country which ordered the payment of the claim. It found that, in principle, enforcing commercial claims through such […]
On 31 March 2022, the EU Commission disclosed that it has been working on a proposal for a bilateral treaty to be concluded with the UK focused on recognition and enforcement of foreign judgments. The purpose of the treaty would be to facilitate the circulation of judgments between the EU and the UK. It would […]
Several French learned societies (International Arbitration Institute, Comité français de l’arbitrage, Comité français de droit international privé, French Branch of the International Law Association, Société de législation comparée) will pay a tribute to Emmanuel Gaillard in a conference held in the Grand Amphithéâtre of the Sorbonne in Paris on 15 April 2022. The conference Emmanuel Gaillard […]
Mathilde Codazzi, who is a master student at the university Paris II Panthéon-Assas, contributed to this post. In a judgment of 3 November 2021, the French Supreme Court for private and criminal matters (Cour de cassation) confirmed the evolution of the French law of Sovereign Immunities after a statutory intervention in 2016 and its alignment […]
On 15 March 2022, Marta Requejo (Référendaire at the CJEU; Professor of Private International Law at the University of La Laguna) will give a conference on the Brussels I bis Regulation at the Research Center for Private International and International Business Law in Paris (‘salle 102’). The conference will be given in French (Le règlement […]
Mathilde Codazzi, who is a master student at the university Paris II Panthéon-Assas, contributed to this post. In a judgment of 9 February 2022, the French Cour de cassation ruled that the “relationship existing between the parties” required by Article 10(1) of the Rome II Regulation in order to apply the law governing this relationship […]
The European Expertise and Expert Institute (EEEI) is seeking to recruit a project assistant for a part time position to work on a European project of the EEEI, Find your Expert II (Findex II). The Findex II project is funded by the European Commission and aims at establishing a common definition of experts and improve […]
The Assas International Law Review (Revue de droit international d’Assas) is an open access online journal published once a year by the doctoral school of the University. It features articles on public and private international law written by professors and doctoral students. The main theme of the 2021 issue is art and international law. The issue […]
In a judgment of 23 November 2021, the Paris Court of Appeal ruled that the French provisions implementing the 1986 Agency Directive are not overriding mandatory provisions, and thus do not define French public policy. It is hard to reconcile this judgment with the Ingmar case of the European Court of Justice. Background Swiss company […]
Samuel P. Baumgartner (University of Zürich) and Christopher A. Whytock (University of Irvine) have posted Enforcement of Judgments, Systematic Calibration, and the Global Law Market on SSRN. The abstract reads: There are important reasons for states to recognize and enforce the judgments of other states’ courts. There are also reasons that may militate against recognition […]
On 9 December 2021, the CJEU ruled in HRVATSKE ŠUME d.o.o., Zagreb v. BP EUROPA SE (Case C-242/20) that the distinction between contracts and torts under Article 7 of the Brussels I bis Regulation is not exclusive, and that claims for unjust enrichment need not be characterised either as contractual or tortious (see the comments […]
The fifth edition of the treatise of Horatia Muir Watt (Sciences Po Law School) and Dominique Bureau (Paris II University) on French private international law has recently been published. The treatise, which is one of the leading texts on private international law in France, is divided into two volumes (over 800 p. each). The first volume […]
On 20 December 2021, the Supreme Court of the UK delivered its judgment in Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela ([2021] UKSC 57). The case was concerned with the conflicting instructions over reserves held in England issued by the boards of the Central Bank […]
On 9 December 2021, the CJEU delivered its judgment in HRVATSKE ŠUME d.o.o., Zagreb v. BP EUROPA SE (Case C-242/20). The main issue before the Court was whether a claim for unjust enrichment fell necessarily within the scope of the jurisdictional rule for contracts (Article 5(1) Brussels I Regulation, today Article 7(1) Brussels I bis […]
Which law applies to a tort committed in the Channel Tunnel, at 16 km from the exit on French territory? This is the question that the Court of Appeal of Douai could have asked, but did not, in a recent judgment of 24 June 2021. Background The accident occurred in the middle of the night […]
Two texbooks on French private international law were recently published in a new edition. Prof. Bernard Haftel (University Sorbonne Paris Nord) is the author of a short text (375 p.) presenting concisely French private international law in the series Cours Dalloz. The book (and the series) are meant to offer a accessible yet complete treatment […]
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 […]
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 […]
The European Parliamentary Research Service of the European Parliament has issued on November 18th, 2021, a Briefing on The United Kingdom’s possible re-joining of the 2007 Lugano Convention. The summary of the briefing reads as follows: The 2007 Lugano Convention is an international treaty that regulates the free movement of court judgments in civil cases […]
On 11 November 2021, the Court of Justice of the European Union delivered its judgment in Bank Sepah v. Overseas Financial Limited (case C‑340/20). The judgment clarifies the effect of the freezing of assets pursuant to European (and U.N.) sanctions on the right of creditors to attach the said assets. In this case, the sanctions […]
On 27 October 2021, the Supreme Court of the United Kingdom delivered its ruling in Kabab-Ji SAL (Lebanon) (Appellant) v Kout Food Group (Kuwait) (Respondent) ([2021] UKSC 48). At issue was again the law applicable to arbitration agreements. In Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb“, the court had addressed the issue […]
Pilar Jimenez Blanco (University of Oviedo) has published a monograph on cross border matrimonial property regimes (Regímenes Económicos Matrimoniales Transfronterizos). The book is an in-depth study of Regulation 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property […]
On 20 October 2021, the Supreme Court of the United Kingdom delivered its judgment in FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (as Dependant and Executrix of Professor Sir Ian Brownlie CBE QC) (Respondent). The most important issue before the court was whether English court should be able to retain jurisdiction in tort cases […]
On 12 October 2021, the European Court of Human Rights (ECtHR) delivered its judgment in J.C. and Others v. Belgium (only available in French, so far). The case has been widely reported in the general media, as it is concerned with the immunity of the Holy See in a sexual abuse case brought in Belgian courts. […]
On 6 October 2021, the Court of Justice of the European Union delivered its ruling in Skarb Państwa Rzeczypospolitej Polskiej reprezentowany przez Generalnego Dyrektora Dróg Krajowych i Autostrad v. TOTO SpA – Costruzioni Generali and Vianini Lavori SpA (Case C‑581/20). The decision is currently only available in French and Bulgarian. Although three questions were referred for […]
On 4 October 2021, the Judicial Committee of the Privy Council held in Convoy Collateral Ltd (Appellant) v Broad Idea (Respondent) (British Virgin Islands) that the House of Lords’ decision in Siskina (Owners of cargo lately laden on board) v Distos Cia Naviera SA [1979] AC 210 (“The Siskina”) and the Privy Council decision in Mercedes Benz […]
The University of Strasbourg will host a conference on Mutual Trust in the Area of Justice, Freedom and Security (La confiance mutuelle dans l’Espace de liberté, de sécurité et de justice : crise(s) et perspectives) on 7-8 October 2021. The conference will include sessions on European integration, the right to cross internal and external borders and […]
The latest issue of the Journal of Private International Law contains the following articles: Lachlan Forrester, Resulting trusts in the conflict of laws: an Australian perspective The common law world continues to grapple with how to properly characterise equitable doctrines in private international law. There has been extensive criticism of the existing approach to characterisation […]
I am delighted to announce the publication of the last edition of the Code de droit international privé luxembourgeois. The main purpose of the book is to gather all the norms applicable in Luxembourg in the field (international conventions, European regulations and national legislation). A new feature of the book is to include references to […]
Marketa Trimble (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted The Public Policy Exception and International Intellectual Property Law on SSRN. The abstract reads: Public international law affects private international law (conflict of laws) in a myriad of ways. This article discusses potential effects of international intellectual property (“IP”) law on the application of the public policy exception, which is used as a limitation on […]
The International Law Association will celebrate its 150th anniversary all along the year 2023 through a series of webinars and, hopefully, an event organised by the French branch of the ILA in Paris on 18 – 20 June 2023. In order to prepare the scientific content of these events, a vast organization of working groups has already […]
Ilaria Pretelli (Swiss Institute of Comparative Law; University of Urbino) has posted Three Patterns, One Law – Plea for a Reinterpretation of the Hague Child Abduction Convention to Protect Children from Exposure to Sexism, Mysogyny and Violence against Women on SSRN. The abstract reads: The 1980 Hague Convention must be read today in light of the […]
In June 2021, the Committee on Legal Affairs of the European Parliament issued a Draft Report with recommendations to the Commission on Responsible private funding of litigation. The Report was accompanied by a Study on Responsible private funding of litigation of the European Added Value Unit (authors: Jérôme Saulnier with Ivona Koronthalyova and Klaus Müller) […]
As reported by Fabienne Jault-Seseke on this blog, the French supreme court for civil and criminal matters (Cour de cassation) ruled in a judgment of 26 May 2021 that “the principles of primacy and effectiveness of European Union law” require that French courts apply ex officio certain choice of law rules contained in EU Regulations. […]
On 16 July 2021, the EU Commission has issued a Proposal for a Council Decision on the accession by the European Union to the Hague Convention of 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. Under the Proposal, the EU would make two declarations. External Competence The European Union […]
Earlier this year, Charlotte Guillard defended her dissertation at the University of Paris II Panthéon-Assas on Conflict justice and material justice : pertinence and sustainability of the distinction. Study in private international family law (Justice matérielle et justice conflictuelle : pertinence et pérennité de la distinction en droit international privé). The author has provided the […]
In a judgment of 22 June 2021, the Paris Court of Appeal ruled that that liability claims against arbitrators fall within the arbitration exception of the Brussels Ibis Regulation and retained jurisdiction on the basis of French national rules of jurisdiction. It allowed the appeal loged against the judgment of 31 March 2021 which had […]
Andrew Dickinson and Edwin Peel are the editors of A Conflict of Laws Companion – Essays in Honour of Adrian Briggs, which was just published by Oxford University Press. The book is a collection of 13 essays written by scholars and practionners, including three members of the highest courts of common law jurisdictions, who all […]
Mary Keyes (Griffith University) has posted Women in Private International Law on SSRN. The abstract reads: There has been almost no consideration of the position of women in private international law. There is very little published research applying a feminist analysis to, or even considering the position of women in, private international law. This field […]
Louis Perreau-Saussine and Sophie Lemaire (Université Paris Dauphine) are the editors of a new book on International Mandatory Rules in International Business Law (L’impérativité en droit international des affaires : questions d’actualité). Contributors include Pierre Mayer, Louis Perreau-Saussine, Sophie Lemaire, Mathias Audit, Patrick Mathet, Hubert de Verdelhan, Stéphanie Francq, Andrea Bonomi, Martine Behar-Touchais, Juliette Morel-Marroger, […]
The Council of the European Union will aim at establishing a general approach on the regulation on assignments of claims on 7 June 2021 in Luxembourg. The text which should be adopted is an amended version of the 2018 proposal of the European Commission for a Regulation on the law applicable to the third-party effects […]
Franco Ferrari (New York University School of Law) has published his Hague Lectures on Forum Shopping despite Unification of Law in the Collected Courses of The Hague Academy of International Law (volume 413). The abstract reads: It has often been suggested that forum shopping is “evil” and needs to be eradicated. And it is in […]
The Assas International Law Review (Revue de droit international d’Assas) is an online journal published once a year by the doctoral school of the University. It features articles on public and private international law written by professors and doctoral students. The main theme of the 2020 issue is climate change and international law. The issue features ten articles […]
Malik Laazouzi (Paris II University) is the editor of a new book on choice of court agreements (Les clauses attributives de compétences internationales : de la prévisibilité au désordre). The book is the publication of the proceedings of a conference held on 21 November 2019 in Paris. The speakers and contributors included Marie-Élodie Ancel, Sylvain […]
On 12 May, 2021, Advocate General Hogan delivered his opinion in Case C‑124/20 Bank Melli Iran v. Telekom Deutschland GmbH on the interpretation of the EU blocking statute (Regulation 2271/96 of 22 November 1996 protecting against the effects of the extraterritorial application of legislation adopted by a third country). The context of the case was the […]
On 12 April 2021, the Family Court of Namur, Belgium, applied the doctrine of renvoi under Article 34 of the Succession Regulation (the judgment and the commentary of Prof. Jean-Louis Van Boxstael – in French – are available here). Background The deceased was born in 1931 in Belgium, but was living in South Korea when […]
On May 4th, 2021, the European Commission issued a Communication offering its Assessment on the application of the United Kingdom of Great Britain and Northern Ireland to accede to the 2007 Lugano Convention. The Communication offers the Commission’s analysis on the application and explains why it considers that the EU should not give its consent […]
The European Group of Private International Law (EGPIL-GEDIP) has published the minutes (in French) of its 2020 Meeting. The topics discussed during the meeting included a proposal for a regulation concerning the applicable law to in rem rights, the codification of the general part of EU private international law and the accession of the European Union to the […]
Monika Zalnieriute (University of New South Wales) has posted Data Transfers after Schrems II: The EU-US Disagreements Over Data Privacy and National Security on SSRN. In the long-awaited Schrems II decision, the Court of Justice of the European Union (CJEU) took a radical, although not an unexpected, step in invalidating the Privacy Shield Agreement which […]
On 22 April 2021, the Court of Justice of the European Union ruled on the law governing the avoidance of the payment of a contractual obligaton by a third party in Z.M. v. E.A. Frerichs, Case C-73/20 (see the previous reports of K. Pacula and G. van Calster). Background The issue arose in the context […]
Juan J. Garcia-Blesa (Fern University) has posted Indeterminacy, Ideology and Legitimacy in International Investment Arbitration: Controlling International Private Networks of Legal Governance? on SSRN. This article connects the insights of post-realist scholarship about radical indeterminacy and its consequences for the legitimacy of adjudication to the current legitimacy crisis of the international investment regime. In the past few years, numerous […]
On 31 March 2021, the Paris main first instance court (tribunal judiciaire, formerly tribunal de grande instance) ruled on the international jurisdiction of French courts to determine arbitrators’s liability. It held that it was a contractual claim in the meaning of Article 7(1)(b) of the Brussels I bis Regulation and declined jurisdiction on the ground […]
Ilaria Pretelli (Swiss Institute of Comparative Law, University of Urbino) has posted Protecting Digital Platform Users by Means of Private International Law on SSRN. The present article offers perspectives on the possible adaptation of traditional connecting factors to the digital space. It analyses cases that pit platform users against each other and cases that pit platform users […]
Kurt Siehr (formerly MPI Hamburg) has posted Mandatory Rules of Third States: from Ole Lando to Contemporary European Private International Law on SSRN. The abstract reads: On 18 October 2016 the European Court of Justice, in the case Greece v. Nikiforidis, decided: ‘Article 9 (3) of the Regulation No. 503/2008 on the law applicable to contractual obligations must be […]
In two judgments delivered on 10 December 2020, the French Supreme Court for civil and criminal matters (Cour de cassation) extended the reach of French attachments to any claims owed to third parties established in France, irrespective of whether the third party had its headquarters in France or abroad, and irrespective of the situs of […]
Melissa Durkee (University of Georgia School of Law) has posted Interpretive Entrepreneurs on SSRN. The abstract reads: Private actors interpret legal norms, a phenomenon I call “interpretive entrepreneurship.” The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution, and there is no official system of precedent. Interpretation can affect the […]
In a judgment of 27 January 2021, the French Supreme Court for private and criminal matters (Cour de cassation) indicated its willingness to apply strictly the definition of provisional measures developed by the European Court of Justice in Reichert, Van Uden and Saint Paul Dairy Industries. Three years earlier, the Cour de cassation had ignored […]
Since 2018, UNIDROIT has been studying the prospect of working on the enforcement of claims. In September 2020, it eventually established a Working Group on the Best Practices for Effective Enforcement. The Working group held its first meeting between 30 November and 2 December 2020, based on an Issues Paper. The purpose of the project […]
In a judgement dated 18 November 2020, the French Supreme Court for private and criminal matters (Cour de cassation) ruled that the obligation to apply choice of law rules equally applies in interim proceedings. In contrast, the court had ruled in 1996 that French courts did not have the power to apply choice of law […]
The judgment of the Court of Justice of the European Union (CJEU) in Supreme Site Services v. Shape (Case C‑186/19) did not only raise the issue of the impact of the immunity of enforcement of international organisations on the definition of civil and commercial matters in the meaning of the Brussels I bis Regulation. The […]
In 2020, the Court of Justice of the European Union (CJEU) ruled twice on whether sovereign immunities are relevant to define the material scope of the European law of jurisdiction. The first case was concerned with the immunity from jurisdiction of the state of Panama (Rina, case C-641/18: see reports here, here and here). The […]
Horatia Muir Watt, Lucia Biziková, Agatha Brandão de Oliveira, Diego P. Fernández Arroyo and Megan Ma (Sciences Po Law School) have edited Le tournant global en droit international privé, published by Pedone. This is the French version of Global Private International Law – Adjudication without Frontiers, that the same team of authors had published in 2019 […]
Mateusz Grochowski (European University Institute) and Katarzyna Południak-Gierz (Jagiellonian University) have posted EU Private International Law in Internet-Related Disputes: The Polish Case Law Approach on SSRN. The abstract reads: The paper examines the way Polish courts apply EU private international law (EU PIL) rules in the disputes concerning online context. The analysis seeks, in particular, to better understand […]
In July 2020, Luxembourg eventually adopted a statute on Civil Liability for Harm related to a Nuclear Accident. The statute imposes strict liability on operators of nuclear installations for any damage that a nuclear accident might cause. There is, however, no nuclear installation in Luxembourg, and there will not be anytime soon. A constant source […]
In February 2019, Michael G. Faure (Maastricht University and Erasmus Law School Rotterdam) and Kévine Kindji (Maastricht University) presented to the European Parliament a Study on Cross-border nuclear safety, liability and cooperation in the European Union. The abstract reads: This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at […]
Burkhard Hess (Max Planck Institute, Luxembourg) has published the second edition of his treatise on European Civil Procedural Law (Europäisches Zivilprozessrecht). The English abstract of the book reads: The book explores the European law of civil procedure from a systematic and dogmatic perspective by comprehensively assessing and providing a detailed explanation of all the instruments […]
As president of EAPIL and an editor of the blog, and on behalf of all the officers of the association and the editors of the EAPIL blog, I would like to wish to the members of the association and the readers of the blog the best for year 2021. In 2020, the blog has published […]
Elie Lenglart, a lecturer at the University Paris II Panthéon-Assas, gave an online conference on La théorie générale des conflits de lois à l’épreuve de l’individualisme (Individualism and General Choice of Law Theory) on 1 December 2020. This is the topic of his doctoral thesis, which received the first prize of the French Committee of […]
Marta Pertegás (Maastricht University) has posted The 2019 Judgments Convention: the Road Ahead on SSRN. The abstract reads: In The Hague and far beyond, the conclusion of the Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters (hereafter, “the Hague Judgments Convention”) in July 2019 was welcomed with a long deep […]
David Dyzenhaus (University of Toronto Law and Philosophy) has posted Not an Isolated, Exceptional, and Indeed Contradictory Branch of Jurisprudence on SSRN. The abstract reads: Private international law [PrIL] got—and gets—virtually no attention in general philosophy of law, by which I mean Anglo-American philosophy of law since World War II with its debates about the nature of law, of legal authority and […]
The fourth issue of the Journal du droit international for 2020 includes only one article on a topic of private international law. It is authored by Jean-Charles Jaïs, Claudia Cavicchioli and Anne de Mazières (Linklaters Paris) and discusses the important topic of the law governing the confidentiality of international correspondence between attorneys and in-house counsels […]
Guillaume Payan (University of Toulon, France) is the editor of a new book offering commentaries of the most important of the judgments delivered by the Court of Justice of the European Union in the field of European civil procedure (Espace judiciaire européen – Arrêts de la CJUE et commentaires). The author has provided the following […]
Dimitry Kochenov (University of Groningen) and Uladzislau Belavusau (T.M.C. Asser Institute) have posted on After the Celebration: Marriage Equality in EU Law post-Coman in Eight Questions and Some Further Thoughts on SSRN. The abstract reads: This article provides a detailed critical analysis of the case of Coman, where the Court of Justice of the EU […]
On 29 April 2020, the (national) Court of Appeal of Luxembourg ruled that the conditions of res judicata are determined by uniform European rules and not by national law. In particular, the court held that the triple identity requirement developed in the context of lis pendens equally applies to define the conditions of res judicata. […]
Giancarlo Frosio (University of Strasbourg) has posted Enforcement of European Rights on a Global Scale on SSRN. The abstract reads: This chapter reviews global enforcement of European rights. Global extra-territorial enforcement of miscellaneous rights has emerged as a consistent trend in recent online regulation, both at international and EU level. In considering this trend, this […]
John Coyle (University of North Carolina) has posted Cruise Contracts, Public Policy, and Foreign Forum Selection Clauses on SSRN. The abstract reads: This Essay critiques the analytical framework used by the U.S. Court of Appeals for the Eleventh Circuit to determine when to enforce foreign forum selection clauses in cruise ship passenger contracts. In Estate […]
The Russian Legal Information Agency has announced that Russia’s Justice Ministry, acting jointly with the Foreign Ministry and the Supreme Court of the Russian Federation, proposed that the Government pass a recommendation to sign the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the ‘Convention’). […]
Matthias Weller (University of Bonn) has posted The HCCH 2019 Judgments Convention: New Trends in Trust Management on SSRN. The abstract reads: On its 22nd Diplomatic Session on 2 July 2019, the Hague Conference on Private International Law concluded its Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. The […]
Joseph William Singer (Harvard Law School) has published a new casebook on the American Conflict of Laws (Choice of Law – Patterns, Arguments, Practices). As its titles makes clear, its focus is on choice of law, but the book also includes two chapters on Procedure and Constitutional Law which present issues related to jurisdiction and […]
In a judgment of 3 June 2020, the Paris Court of Appeal ruled that sanctions issued by the Security Council of the United Nations (UN) or by the European Union (EU) are international mandatory rules which define French public policy. As a result, the court ruled that, in principle, an arbitral award violating such sanctions […]
Stephen Park (University of Connecticut School of Business) and Tim Samples (University of Georgia School of Business) have posted Distrust, Disorder, and the New Governance of Sovereign Debt on SSRN. The unique characteristics of sovereign debt finance provide fertile ground for opportunistic behavior and intractable disputes. Lacking reliable contractual enforcement mechanisms and formal bankruptcy procedures, the […]
The third issue of the Journal du Droit International for 2020 includes three articles concerned with private international law and several case notes. 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 : […]
The members of the proposed EAPIL Working Group on International Property Law will host a webinar 20 October 2020, from 12:30 to 2 pm. The webinar will illustrate the goals and agenda of the Working Group and provide EAPIL members with the possibility to join the discussion on a future European Regulation on International Property […]
The Organisation for the Harmonisation of Business Law in Africa (OHADA) has selected a team to prepare a draft Uniform Act of Private International Law. After a 10 month selection process, it has chosen a team led by the Paris office of Shearman & Sterling (see the announcement of the firm here). The mandate consists […]
The Hague Lectures of Lauro Gama (Pontifical Catholic University of Rio de Janeiro) on the Unidroit Principles and the Law Governing International Commercial Contracts (Les principes UNIDROIT et la loi régissant les contrats de commerce international) were published in volume 406 of the Collected Course of the Hague Academy of International Law. The book is written […]
The Faculty of Law of the University of Zagreb will hold a conference on Applicable Law in Cross-Border Insolvency Proceedings on 18 and 19 September 2020. Those interested in attending the conference may do so either in person or online. Speakers include Paul Omar (INSOL Europe), Ignacio Tirado (Secretary-General UNIDROIT), Miha Žebre (European Commission), Andreas Piekenbrock (University of Heidelberg), Jasnica […]
In the context of the 2020 Annual Conference of the European Law Institute, the feasibility study on EU Conflict of Laws for Companies: The Acquis and Beyond will be presented by Chris Thomale (proposer), Luca Enriques, Jessica Schmidt and Georg Kodek (Chair) today, 11 September 2020, from 15:15 until 16:15 CET. International company mobility as […]
The French Committee of Private International Law has published a book presenting portraits of 15 former presidents of the Committee since it was established in 1934. As the goal of the Committee has been to establish a bridge between the bench, the bar and the academy, the presidents have been essentially academics (Batiffol, Goldman) and […]
A Chinese divorce judgment delivered on 20 December 2013 by a court from Beijing was recognised by a French court in South Western France (Bergerac) in several decisions made in 2014 and 2016. As will be explained below, the reason why the court had to rule twice on the issue is that each of its judgments was […]
Trevor Hartley (London School of Economics) has published the 3rd edition of his textbook on International Commercial Litigation. The book combines extensive texts presenting the topics discussed and extracts from cases and legislative materials (European regulations, international conventions, national acts). It is a mix of a textbook and a casebook. As its title suggests, the focus […]
Mark C. Weidemaier (University of North Carolina School Law) and G. Mitu Gulati (Duke Law School) have posted Unlawfully-Issued Sovereign Debt on SSRN. The abstract reads: In 2016, its economy in shambles and looking to defer payment on its debts, the Venezuelan government of Nicolás Maduro proposed a multi-billion dollar debt swap to holders of bonds […]
Franco Ferrari (New York University Law School) has posted A New Paradigm for International Uniform Substantive Law Conventions on SSRN. The abstract reads: This paper posits that a paradigm shift has taken place in respect of the way the relationship between private international law and international uniform law conventions is understood. The author shows that recent […]
The Court of Justice of the European Union has delivered its ruling in the Novo Banco case (C‑253/19) on 16 July 2020. The issue before the Court was the determination of the center of main interests (COMI) of individuals not exercising an independent business or professional activity under the Insolvency Regulation, and thus the jurisdiction […]
The French Committee for private international law will hold a conference on the codification of private international law in the afternoon of 9 October 2020, in Paris. The first speaker will be Geraldine Gazo, who practices in Monaco, and who will present the recent law on private international law adopted by Monaco in 2017. The […]
Jorg Sladič is an associate professor of international and European law at the European faculty of law in Ljubljana (Slovenia). He was a member of the European Commission’s expert group on modernisation of judicial cooperation in civil and commercial matters. This post is based on an article to be published shortly in the Revue des […]
Carlos Manuel Vazquez (Georgetown University Law Center) has posted Extraterritoriality as Choice of Law on SSRN. The abstract reads: The proper treatment of provisions that specify the extraterritorial scope of statutes has long been a matter of controversy in Conflict of Laws scholarship. This issue is a matter of considerable contemporary interest because the Third Restatement […]
I have reported earlier on the Commisimpex case and the various decisions of the French Supreme Court on civil and criminal matters (Cour de cassation) which have eventually excluded from the scope of the waiver of immunities of the Republic of Congo assets protected by diplomatic immunity. On 8 June 2020, Commisimpex attached a Falcon […]
Kamalia Mehtiyeva (Paris I Panthéon-Sorbonne School of Law) has just published a monograph on the Concept of Judicial Cooperation based on her doctoral thesis (La notion de coopération judiciaire, LGDJ, coll. Droit privé, préf. L. Cadiet, vol. 597, 2020). The author has provided the following abstract in English: The diversity of legal orders and their multiplication […]
The Court has delivered its ruling in Verein für Konsumenteninformation v Volkswagen AG (Case C-343/19) yesterday. The court rules that a motor vehicle manufacturer whose unlawfully manipulated vehicles are resold in other Member States may be sued in the courts of those States, and that the damage suffered by the purchaser occurs in the Member […]
In the last decade, the French law of diplomatic immunity has changed numerous times. This is not great for legal certainty, but it can get much worse if the different rules are applied in the same case. This should not be possible in a democratic State, but this is what happened in Commisimpex v. Republic […]
Iacyr de Aguilar Vieira and Gustavo Cerqueira have edited a volume on the CISG in the Americas (La Convention de Vienne en Amerique). From the foreword of the book: On the occasion of the Vienna Convention on Contracts for the International Sale of Goods’ 40th anniversary, its success can be evidenced by its influence in […]
William S. Dodge (University of California, Davis) and Wenliang Zhang (Renmin University of China) have posted Reciprocity in China-U.S. Judgments Recognition on SSRN. The abstract reads: The conventional wisdom is that China and the United States do not recognize each other’s court judgments. But this is changing. A U.S. court first recognized a Chinese judgment in […]
Aaron D. Simowitz (Willamette University College of Law) has posted Convergence and the Circulation of Money Judgments on SSRN. The abstract reads: For half a century at least, the several states of the United States have taken a liberal attitude toward the recognition and enforcement of foreign country money judgments. The U.S. Supreme Court invoked the […]
On 12 May 2020, the Court of Appeal of England and Wales delivered an interesting decision in SAS Institute Inc. v. World Programming Ltd. This is a long and complex case, which has reached, inter alia, the European Court of Justice on certain issues of IP law. But the case also raises a number of […]
Bertrand Copigneaux, Nikita Vlasov and Emarildo Bani of IDATE DigiWorld, Nikolay Tcholtchev and Philipp Lämmel of Fraunhofer Institute for Open Communication Systems, Michael Fuenfzig, Simone Snoeijenbos and Michael Flickenschild from Ecorys, and Martina Piantoni and Simona Frazzani from Grimaldi Studio Legale, have written a Study on Blockchain for supply chains and international trade at the request […]
Christopher Marsden (University of Sussex) has posted Transnational Internet Law on SSRN. The greatest, and certainly to a Westphalian nation-state-centered universe most revolutionary, challenge for regulation is the increasing co-operation between national, regional and international networks of regulators, to regulate the Internet. Reidenberg coined the term ‘lex informatica’ to explain its transnational legal nature, based […]
The second issue of the Journal du droit international for 2020 is out. It contains one article concerned with private international law and several casenotes. The article is authored by Djoleen Moya and discusses whether EU choice of law rules allocate normative powers or serve private interests (Conflits intra-européens de lois et conflits de souverainetés). […]
Maud Minois (University Paris Descartes) has published earlier this year a monograph presenting her Research on Characterization in the Private International Law of Obligations (Recherche sur la qualification en droit international privé des obligations). The author has provided the following English abstract: Characterization is traditionally presented as a tool used to ensure legal certainty and […]
The most recent issue of the Revue Critique de Droit International Privé is out. It contains three articles and numerous case notes. In the first article, Roxana Banu (Western Law, Canada) discusses the scholarship of J. Jitta (L’idéalisme pragmatique de Josephus Jitta (1854-1925)). Jitta occupied a very specific intellectual space between universalism and particularism and […]
Catherine Kessedjian (Emeritus Paris II University) and Valérie Pironon (University of Nantes) have published the second edition of Catherine Kessedjian’s manual on international commercial law. The authors have provided the following abstract in English: The book aims at speaking not only to students, but also to practitioners and specialists in the field. Therefore, the authors […]
My colleague Hélène Peroz has reported on this interesting judgment delivered on 4 March 4 2020 by the French Supreme Court for private and criminal matters (Cour de cassation). The Court applied an old principle of the French law of international jurisdiction. Unfortunately, it does not seem that the applicability of EU Regulations of private […]
Jurisdiction and enforcement of foreign judgments are separate issues in private international law. When arising outside of the context of international conventions, they are not necessarily related. In principle, there is no obligation to enforce foreign judgments on the ground that, if the case had been litigated in the forum, the forum would have retained […]
Giesela Rühl (University of Jena) has posted Smart (Legal) Contracts, or: Which (Contract) Law for Smart Contracts? on SSRN. The abtract reads: The law applicable to smart contracts is a neglected topic. At times it is even discarded as irrelevant or unnecessary. In fact, many authors claim that smart contracts especially when stored and executed […]
The latest issue of the International and Comparative Law Quaterly was just released. It includes an article written by Matteo Winkler (HEC Paris) on Understanding Claim Proximity in the EU Regime of Jurisdiction Agreements. The abstract reads: The Brussels I Recast Regulation entitles business actors to agree on which court(s) will have jurisdiction but restricts […]
William S. Dodge (University of California, Davis) has published The New Presumption against Extraterritoriality in the Harvard Law Review. Canons of statutory interpretation are sometimes said to promote continuity and stability in the law. Yet it is widely acknowledged that canons themselves often change. The presumption against extraterritoriality is a prime example. It evolved from […]
On 1 April 2020, the UK Supreme Court ruled in Aspen Underwriting Ltd v Credit Europe Bank on the concept of insurance matters under the Brussels I bis Regulation and the scope of the protection it offers. The background of the case was the loss of a vessel which took fire and then sank in the […]
On 1 April 2020, the UK Supreme Court ruled in Whittington Hospital NHS Trust v XX on the fascinating issue of whether damages for funding foreign surrogacy could be considered as an appropriate remedy in a tort action. The plaintiff in this case was a woman who lost the ability to bear a child as a […]
The general course that Catherine Kessedjian (University of Paris II – Panthéon Assas) gave at the Hague Academy of International Law in January 2019 on Neutrals in International Law – Judges, Arbitrators, Mediators, Conciliators (Le tiers impartial et indépendant en droit international, juge, arbitre, médiateur, conciliateur) has been published in the Collected courses of the […]
On 3 March 2020, the international chamber of the Paris Court of Appeal confirmed that French courts may issue an anti anti suit injunction against two US corporations which had obtained an anti suit injunction from a US court in a patent case. When the Paris court of appeal delivered its judgment, the French anti […]
Ilaria Pretelli (Swiss Institute of Comparative Law) has posted Provisional Measures in Family Law and the Brussels II Ter Regulation on SSRN. Provisional and Protective Measures in family matters need special consideration because they are not limited to economic matters and significantly interfere with the self-determination of persons and often of vulnerable persons, namely children. This […]
In May 2018, the European Commission published a proposal for a Regulation amending the 2001 Evidence Regulation. The name of the proposal immediately clarifies the lack of ambition of the project: the intention is to amend the existing text, not to recast it. The Commission Proposal The Proposal aims at improving the 2001 Regulation by: using […]
Olivier Cachard and Paul Klötgen (both University of Nancy) have published a new edition of their manual of private international law. The book is primarily a teaching tool. It is a textbook but it also includes numerous abstracts of cases, legislation and articles, as well as a glossary. The book covers the traditional topics of […]
In a judgment delivered on 4 March 2020, the French supreme court for private and criminal matters (Cour de cassation) accepted to apply the doctrine of renvoi in a parenthood dispute. The proceedings were initiated by a man who claimed that he was the father of a girl born from a married woman and demanded […]
Johnny Hallyday, born Jean-Philippe Smet, died in 2017 age 74. Over a career of 57 years, he released more than 80 albums and gave over 3200 concerts. He was nicknamed the French Elvis, l’idole des jeunes. Over a million people filled the streets of Paris for his funeral. Although he was known to spend a […]
Dário Moura Vicente (University of Lisbon) has published the second edition of his monograph on international intellectual property (A Tutela Internacional da Propriedade Intelectual). The books covers the traditional issues of jurisdiction and applicable law. It also discusses the merits and limits of international harmonisation in the field, and extra-judicial remedies. More details are available […]
The last issue of the Revue critique de droit international privé for 2019 has just been released. It contains numerous casenotes and one article by Poul F. Kjaer (Copenhagen Business school) on the sociological idea of connectivity and private international law (L’idée de “connectivité” et le droit international privé). The article is a revised translation […]
The proceedings of the symposium held in June 2019 on the Paris international commercial chambers were published in a special issue of the Revue Lamy Droit des Affaires which can be freely download on the website of the Paris Court of Appeal. The presentations were made in French, and the proceedings are written in the […]
The first issue of the Journal du droit international for 2020 has just been released. It contains two articles and several casenotes relating to private international law. In the first article, Johanna Guillaumé (University of Rouen) explores the obligation of notaries to apply rules of private international law (L’office du notaire en droit international privé). […]
The 12th edition of the leading French treatise on private international law of Prof. Pierre Mayer (Panthéon-Sorbonne University) is out. The book is now primarily updated by Vincent Heuzé (Panthéon-Sorbonne University) and Benjamin Remy (Cergy Pontoise University). The book covers all traditional dimensions of the conflict of laws and, in keeping with the French tradition, […]
Luis de Lima Pinheiro (university of Lisbon) has posted Public Policy and Private International Law – Portugal on SSRN. The abstract reads: The present report is aimed at describing the concept, legal framework, and features of the public policy clause in the Portuguese legal order, and at giving an account of the main applications of […]
On 29 January 2020, the District Court of The Hague dismissed the claim of a Palestinian-Dutch Citizen against the Chief of General Staff and Air Force Chief of the Israeli Army. The popular press has reported that one of the two Israeli generals was Benny Gantz, a recent contender to Benyamin Netanyahou in Israel politics. […]
Lydia Lundstedt and Erik Sinander (both Stockholm University) have published Enhancing Critical Thinking in Private International Law in The Law Teacher. The abstract reads: This article describes and evaluates the reforms that the authors (as course managers) introduced to enhance critical thinking in the compulsory course on private international law in the Master of Laws […]
On 18 December 2019, the French Supreme Court on private and criminal matters (Cour de cassation) ruled on the scope of the law governing the direct action against the insurer of the person liable under article 18 of the Rome II Regulation. A French company had installed solar panels on the roof of a house […]
The main focus of the third issue of the French Revue Critique de Droit International Privé for 2019 is on the interaction between the EU GDPR and the US Cloud Act. It offers four articles discussing various aspects of the topic. Marie-Élodie Ancel (Paris-Est University) explores the implications of the “margin of manœuvre” under the […]
On 4 December 2019, the Court of Justice of the European Union held in UB v. VA, Tiger SCI and others (Case C‑493/18) that the location of assets is not a jurisdictional ground under the no longer in force Insolvency Regulation of 2000 (but the relevant provisions are the same in the Recast Insolvency Regulation). More interestingly, […]
The French university Paris II (Panthéon Assas) established the Assas International Law Review (Revue de droit international d’Assas) in 2018. It is an online journal published once a year by the doctoral school of the University. It features articles on public and private international law written by professors and doctoral students. The main theme of […]
The European Group of Private International Law (EGPIL-GEDIP) has published the minutes (in French) of its 2019 Meeting in Katowice. The topics discussed during the meeting included a proposal for a regulation in divorce matters, a proposal for a regulation concerning the applicable law to in rem rights and choosing a strategy for the codification […]
Mathias Audit, Sylvain Bollée (both Paris I Panthéon Sorbonne University), Pierre Callé (Paris Sud University) have published the third edition of their textbook of International Commercial Law and Foreign Investments Law. As is customary in France, international commercial law is primarily understood as covering commercial conflicts. The book covers all commercial aspects of private international […]
The last issue of the American Journal of Comparative Law features an article comparing US and European conflict of laws from a constitutional perspective (Comparing Interstate and European Conflict of Laws from a Constitutional Perspective: Can the United States Inspire the European Union?) by Johan Meeusen (University of Antwerp). The abstract reads: The still-recent process […]
The fourth issue of the Journal du droit international was just released. It contains two articles relating to private international law, several casenotes and a survey of the case law of the CJEU on EU Private International Law. The first article is authored by Mohamed Mahmoud Mohamed Salah (Nouakchott, Mauritania). The title is Law confronted […]
The third issue of the Journal of Private International Law for 2019 features the following articles: Rachael Mulheron (Queen Mary University of London), Asserting personal jurisdiction over non-resident class members: comparative insights for the United Kingdom. The opt-out class action involves a unique participant, viz, the absent class member whose claim is prosecuted by a […]
The general course that Patrick Kinsch (University of Luxembourg) gave at the Hague Academy of International Law on The Role of Political Considerations in Private International Law (Le rôle du politique en droit international privé) has been published in the Collected courses of the Academy. The course is written in French, but the author has […]
Marie-Elodie Ancel (Paris Est Créteil University), Pascale Deumier (Lyon 3 University) and Malik Laazouzi (Paris II University) have published the second edition of their manual on the law of international contracts (Droit des contrats internationaux). The book covers all issues of private international law relating to international contracts, including jurisdiction and choice law, general rules […]
On 21 November 2019, the Cour of Justice of the European Union ruled on the law governing an action for payment initiated by the liquidator of an insolvent company in CeDe Group AB v KAN Sp. z o.o. in bankruptcy (Case C‑198/18). Insolvency proceedings had been opened against the plaintiff in Poland. The defendant was a […]
Francesco Deana (University of Udine) has posted Cross-Border Continuity of Family Status and Public Policy Concerns in the European Union on SSRN. The abstract reads: Free movement and respect for human rights impact on EU Member States’ family law and conflict of law rules, granting EU citizens the right to recognition of a status acquired […]
On 3 October 2018, the French Supreme Court for private and criminal matters (Cour de cassation) ruled that the res judicata of a freezing order issued by a Cyprus court did not prevent French courts from authorizing provisional attachments over the same assets. A Cyprus company had obtained a worldwide Mareva injunction and a disclosure […]
Nadine Watté and Rafaël Jafferali (both Free University of Brussels) have published a book presenting the General Rules of Belgian and European Private International Law. The book focuses primarily on the general theory of choice of law. One of the goals of the authors is indeed to assess whether a coherent approach can be identified […]
Moritz Brinkmann (University of Bonn) is the editor of a new article by article commentary of the European Insolvency Regulation. The authors of the comments are mostly German scholars, with the notable exception of Pal Szirányi (European Commission). The blurb reads: The new European Insolvency Regulation reforms the EC Regulation (1346/2000) on insolvency proceedings. It […]
On 29 July 2019, the Supreme Court of the United Kingdom ruled in Akçil and others (Appellants) v Koza Ltd and another (Respondents), a case regarding jurisdiction in corporate matters under Article 24(2) of the Brussels Ibis Regulation. The main issue was whether, where two claims are connected, but not inextricably bound up together, they […]
The third issue of the Journal du droit international was released. It contains two articles relating to private international law and several casenotes. The first article is authored by Prof. Jean-Baptiste Racine (Université de Nice) and presents the various Approaches to Global Law (Approches de droit global). The English abstract reads: This is not […]
The course taught by Louis d’Avout (Paris II University) at the Hague Academy of International law on the Firm and Choice of Law (L’entreprise et les conflits internationaux de lois) was published in the Academy’s Pocketbooks. The abstract reads: Agent de la mondialisation au coeur des réflexions critiques, l’entreprise est aussi un phénomène juridique. Elle […]
