As announced in a previous post, a seminar series on the recast of Brussels I bis Regulation, is taking place during the 2023-2024 academic year, both in Paris at the Cour de cassation and online (in French), under the scientific coordination of Marie-Elodie Ancel (University of Paris-Panthéon-Assas) and Pascal de Vareilles-Sommières (University of Paris 1 Panthéon-Sorbonne).

The fourth seminar will take place on 22 Avril 2024 from 16.00 to 18.00 (UTC+1).

It will be devoted to “protective, exclusive and provisional jurisdiction” in the context of Brussels I bis Regulation recast. The main topics to be discussed deal with the protection of the weaker party, exclusive jurisdiction including in IP matters, as well as provisional proceedings in civil and commercial matters.

The list of speakers includes Sarah Laval (University of Littoral Côte d’Opale), Jeremy Heymann (University of Jean Moulin Lyon 3), Edouard Treppoz (University of Paris 1 Panthéon-Sorbonne) and Marie Nioche (University of Paris Nanterre)

The programme, as well as registration and access details can be found here.

The recording of the previous seminars are available online here, here and here.

The other seminars will take place from 16.00 to 18.00 (UTC+1) on 30 May and 24 June 2024.

The seminar series is organised by the Research Centre for Private International Law and International Trade (CRDI, University of Paris Panthéon Assas) and the Sorbonne Department Study of International Private Relationships (SERPI, University of Paris 1 Panthéon-Sorbonne), together with the Société de Législation Comparée (SLC), the French national school for the judiciary (ENM) and the French Supreme Court for civil and criminal matters (Cour de cassation).

As announced in a previous post, the tenth Congress of Private International Law of the Carlos III University of Madrid will take place on 16 and 17 May 2024.

It will be devoted to the recognition and enforcement of decisions in the area of family law and other procedural issues.

The speakers include Esperanza Castellanos Ruiz, Juliana Rodríguez Rodrigo, María José Castellanos Ruiz, Joaquín Delgado Martín, Ilaria Pretelli, Estelle Gallant, Francesco Pesce, Salomé Adroher Biosca, Javier Carrascosa González, Asunción Cebrián Salvat, Isabel Lorente Martínez and Alfonso-Luis Calvo Caravaca.

The programme is available here, together with additional practical information.

The event can also be attended on-line.

For registrations: juliana.rodriguez@uc3m.es.

Many will remember the brilliant Austrian-American conflicts scholar Albert A. Ehrenzweig. He is associated with the ‘lex fori theory’, according to which courts faced with cross-border situations should primarily follow their own national law. He is also, together with Eric Jayme, the author of a multi-volume treatise on private international law. This short description does not do justice to all of his achievements.

June 2024 marks the fiftieth anniversary since Ehrenzweig passed away. On this occasion, the University of Vienna and the University of Berkeley – Ehrenzweig has taught at both of them –  will organise a joint conference. The event will take place on 20 June 2024 at the Austrian Ministry of Justice in Vienna, with a welcome address by the Minister. Confirmed speakers are Richard Buxbaum (University of Berkeley), Eric Jayme (University of Heidelberg), Andrew Bradt (University of Berkeley), and Jeremy Heymann (University Lyon III).

More details can be found here. Participation is free of charge. Please register under office@igkk.org.

We sincerely hope that the conference will kick-start a new dialogue on the conflict of laws between the EU and the US. Everybody who can make it: Please come to Vienna!

Florian Heindler contributed to this post.

The call for papers is open for the X International Conference on Private International Law of the Carlos III University of Madrid, which will take place on 16 and 17 May 2024.

This year’s conference will focus on recognition and enforcement of decisions in private international family law and other procedural matters.

All those interested are invited to send the title of the paper they intend to propose and an abstract of a maximum length of 800 words by 30 April 2024 to congresodipr@uc3m.es.

The proposed papers will be selected by the Scientific Committee of the Conference, composed of Alfonso-Luis Calvo Caravaca, Javier Carrascosa Gonzalez, Esperanza Castellanos Ruiz, Heinz-Peter Mansel, Ilaria Pretelli and Fabrizio Marongiu Buonaiuti. Papers may subsequently be published in the online journal Cuadernos de derecho transnacional.

The organizing committee is directed by Juliana Rodriguez Rodrigo.

For further information, see here.

Within the framework of the Jean Monnet Module CoME CircLE, the University of Udine, in cooperation with a consortium of European universities, now including University of Essex , De Montfort University of Leicester, University of West Timisoara, East Anglia University, University of Rijeka, University of Belgrade and University of Szeged, organizes the 17th edition of the Summer School on Consumer and Market Law in the European Circular Economy, to be held 11-19 July 2024.

The Summer school is a blended intensive course (40 hours of lectures (11-13 July online / 15-19 July on site in Udine), a workshop and a moot court. It addresses theoretical and practical issues related to the legal protection of consumers and the market regulation in the European Union.

The call for application and the brochure are respectively available here and here.

The application deadline is 30 April 2024.

For further information: ip.europeanlaw.uniud@gmail.com.

On 26 April 2024, a half-day conference will be held at 9 am CET, organized by the Centre for Private International Law at the School of Law, University of Aberdeen, in collaboration with the Faculty of Law, University of Ljubljana.

The conference aims to explore crucial topics within the realm of private international law.

The event will kick off with a keynote address by Ronald A. Brand, followed by another keynote by Marta Pertegás Sender. After a refreshing break at 10:45 am, the conference will feature parallel sessions from 11:00 to 12:30. Participants will have the option to choose from three streams. The first two will focus on private international law and commercial arbitration and litigation, led respectively by Ronald A. Brand and Uglješa Grušić, while the third stream on decolonial perspectives on private international law will be led by Thalia Kruger.

It is possible to attend online or in-person.

For further information and registration, see here.

An international conference on the recast of the Brussels I bis Regulation will take place at the Skylounge of the University of Vienna on 12 April 2024.

Organized by Professors Burkhard Hess, Christian Koller and Paul Oberhammer (Institut für Zivilverfahrensrecht, Universität Wien), the event will bring together representatives of the European Commission and of the Court of Justice, judges of Supreme Courts of Member States, legal professionals and scholars, to discuss the reform of the most important UE instrument in the field of judicial cooperation in civil and commercial matters.

The conference is a follow-up of the one held in Luxembourg in October 2022, based on Prof. Burkhard Hess’s paper ‘Reforming the Brussels Ibis Regulation: Perspectives and Prospects’  and involving the EAPIL Working Group on the Reform of the Brussles Ibis Regulation. A Working Paper available here summarizes the outcome of the discussions held by the participants to the Luxembourg conference.

The April meeting will be based on a questionnaire about possible reforms (32, to be exact) submitted to academics and practitioners, as announced on this blog and ConflictofLaws.net. The results of the survey will soon be available at the webpage of the Institut für Zivilverfahrensrecht.

The conference will starts at 9.15 am and is scheduled to end at 6 pm. Attendance, onsite and online, is free of charge. Prior registration by e-mail at reformingbrussels-Ibis.zvr@univie.ac.at is required.

A call for papers has recently been issued by Michiel Poesen and Patricia Živković (University of Aberdeen), co-convenors of the Society of Legal Scholars Conflict of Laws section, for the Conflicts section of the SLS Annual Conference 2024 at Bristol University from 3 to 4 September 2024. The theme of the conference is Learning from Others: Lessons for Legal Scholars?.

The call is reproduced below, as received by the promoters.


As scholars, we interact with others – students; fellow academics; legal practitioners; the wider public – and the 2024 conference will reflect on the gains we can achieve from such interaction in a global academic environment.  The conference will examine this theme in two ways.  First, as scholars attending the SLS conference, we benefit greatly from meeting colleagues from different backgrounds and disciplines and, notably, from other legal jurisdictions (both within and outside the common law world).  What can we gain from taking an international or comparative perspective to our work?  To what extent do different perspectives, such as socio-legal, interdisciplinary or historical viewpoints, assist our research? Secondly, one of the significant elements of the conference is the inclusion of papers from both junior and senior scholars. What lessons can we gain from each other, both in terms of mentoring and in recognising the need to promote the interests of early career legal scholars and offering support for those entering the academy? No scholar is an island. The SLS provides a positive inclusive environment for legal academics at whatever stage of their career to engage with each other and learn valuable lessons from a diverse and inclusive community of legal scholars. Doctoral students are very welcome and are encouraged to submit papers for consideration in the Subject Sections Programme.

Conference Information 

The 2024 conference will be primarily in person with a virtual element.  ECR and EDI sessions, together with the AGM and Council meeting, will be available virtually free of charge.  A small charge will be made for virtual attendance at the plenary sessions. Council members who are not attending the 2024 Conference will still be able to attend the Council meeting and AGM virtually and, consistent with our EDI priorities, speakers who cannot attend may, on sufficient notice, be able to present virtually.  We will also endeavour to allow speakers unable to attend at the last minute due to ill-health or travel restrictions to present virtually. This decision reflects a move globally to resume in person conferences, the significant costs of virtual attendance which would require a rise in price due to the absence of suitable facilities at Bristol University and evidence of a significant drop in numbers for virtual attendance at the 2023 conference. We will also continue to offer support for attendance via our Annual Conference Additional Support Fund (ASF) to support those with special circumstances warranting additional support. Priority for support will be given to applicants who have no other source of funding.

If you are interested in delivering a paper or organising a panel, please submit your paper abstract or panel details by 11:59pm UK time on 22 March 2024. All abstracts and panel details must be submitted through the Oxford Abstracts conference system which can be accessed here – and following the instructions (select ‘Track’ for the relevant subject section). If you registered for Oxford Abstracts for last year’s conference, please ensure that you use the same e-mail address this year if that address remains current. For those whose papers are accepted, the original submission offers the facility to upload a full paper nearer the time. If you experience any issues in using Oxford Abstracts, please contact slsconference@mosaicevents.co.uk. If you are submitting as part of the Gesellschaft für Rechtsvergleichung there will be a tick box option for you to select as you complete the form.

This is the second year we will be running first blind peer review, with a subsequent non-blind review once initial decisions have been made to consider profile diversity before final decisions are made and communicated. The feedback from convenors on this process was overwhelmingly positive.

Decisions will be communicated by 26 April 2024.

Submission Format

We welcome proposals for papers and panels on any issue relating to “Learning from Others: Lessons for Legal Scholars?.” We welcome proposals representing a full range of intellectual perspectives and methodological approaches in the subject section, and from those at all stages of their careers.

Those wishing to present a paper should submit a title and abstract of around 300 words. Those wishing to propose a panel should submit a document outlining the theme and rationale for the panel and the names of the proposed speakers (who must have agreed to participate) and their abstracts.  Sessions are 90 minutes in length and so we recommend panels of three speakers, though the conference organisers reserve the right to add speakers to panels in the interests of balance and diversity.

As the SLS is keen to ensure that as many members with good quality papers as possible can present, speakers should not present twice at the conference at the expense of another credible paper.  When you submit an abstract via Oxford Abstracts you will be asked to note if you are also responding to calls for papers or panels from other sections.

The Best Paper Prize

Please also note that the SLS offers two prizes. First, The Best Paper Prize, which can be awarded to academics at any stage of their career, and which is open to those presenting papers individually or within a panel.  The Prize carries a £300 monetary award, and the winning paper will, subject to the usual process of review and publisher’s conditions, appear in Legal Studies.  To be eligible:

  •  speakers must be fully paid-up members of the SLS (Where a paper has more than one author, all authors eligible for membership of the Society under its rule 3 must be members. The decision as to eligibility of any co-authors will be taken by the Membership Secretary, whose decision will be final.)
  • papers must not exceed 12,000 words including footnotes (as counted in Word; figures and tables are not included in the word count);
  • papers must be uploaded to the paperbank by 11:59pm UK time on 23 August 2024;
  • papers must not have been published previously or have been accepted or be under consideration for publication; and
  • papers must have been accepted by a convenor in a subject section and an oral version of the paper must be presented at the Annual Conference.
The Best Paper by a Doctoral Student Prize 

In 2020 the Society launched the Best Paper by a Doctoral Student Prize, which is open to currently registered doctoral students who are members of the Society. The Prize is £300. There is no link to publication in Legal Studies arising from this award, but any winner would be welcome to submit their paper for consideration by the Society’s journal. To be eligible:

  • speakers must be fully paid-up members of the SLS who are Doctoral students. (Where a paper has more than one author, all authors eligible for membership of the Society under its rule 3 must be members and all authors must be Doctoral students, whatever their discipline). The decision as to eligibility of any co-authors will be taken by the Membership Secretary, whose decision will be final;
  • papers must not exceed 12,000 words including footnotes (as counted in Word; figures and tables are not included in the word count);
  • papers must be uploaded to the paperbank by 11:59pm UK time on 23 August 2024;
  • papers must not have been published previously or have been accepted or be under consideration for publication; and
  • papers must have been accepted by a convenor in a subject section and an oral version of the paper must be presented at the Annual Conference.
  • Where a paper eligible for this prize wins the Best Paper Prize, the judges may at their discretion award the prize for Best Paper by a Doctoral Student to a different nominated paper
  • The judges may announce a shortlist at their discretion with the winner to be announced by the first week in August.
Registration and Paying for the Conference 

We have also been asked to remind you that all speakers will need to book and pay to attend the conference and that they will need to register for the conference by 14 June 2024 to secure their place within the programme, though please do let us know if this deadline is likely to pose any problems for you. Booking information will be circulated in due course and will open after the decisions on the response to the calls are made.

A Conference on Cross-Border Dispute Resolution will be held in Dubrovnik on 8-10 May 2024 organized by the Law Schools of the University of Pittsburgh, Verona and Zagreb.

The Conference will deal with cross-border professional responsibility and privilege, aspects of international arbitration and international litigation. Each day will include discussion-oriented presentations and workshops on practical international arbitration and litigation issues.

Speakers include Ron Brand, Marco Torsello, Franco Ferrari, Milena Đorđević, Dora Zgrabljić Rotar and Giesela Ruhl.

The full programme is available here.

For registration and further info see here and here.

The question which law applies to the blockchain and assets recorded thereon, such as cryptocurrencies, stablecoins or other token, is one of the most hotly debated issues in the conflict of laws (see e.g. the recent book ‘Blockchain and Private International Law‘).

A conference on this topic will take place on 11 and 12 April 2024 in Vienna and remotely. It is organised by the University of Vienna, in cooperation with the Interdisciplinary Association of Comparative and Private International Law (IACPIL) and the European Banking Institute (EBI).

The conference will bring together academics, technology experts, and lawyers, from various EU member states, the UK, Switzerland, and Japan. Two of the international organisations active in this field – the HCCH and UNIDROIT – will also be represented.

Topics include the law governing crypto-custody, secured transactions in digital assets, and the law applicable to Decentralized Finance (DeFi). Fundamental issues such as the need for a ‘blockchain revolution’ in Private International Law or the role of consumer law will also be discussed.

The full programme can be downloaded here. Participation is free of charge. Please register for either physical attendance or online participation by 6 April 2024 at service.rechtsvergleichung@univie.ac.at.

This post was written by Prof. Dr. Bea Verschraegen, Verena Wodniansky-Wildenfeld and Laurenz Faber.


On 28 November 2023, the Interdisciplinary Association of Comparative and Private International Law (IACPIL) held a conference on the legal protection of vulnerable adults in Central and Eastern Europe.

Against the backdrop of demographic and scientific developments impacting this field of the law, the event was attended with great interest by internationally renowned academics and practitioners.

The conference, held in the historic premises of the University of Vienna, commenced with a welcome address by Professor Matthias Lehmann (University of Vienna, Raboud Universiteit Nijmegen). Professor Bea Verschraegen (University of Vienna) then led through the first half of the event, which focused on a comparative analysis of vulnerable adults’ protection in Central and Eastern Europe.

Professor Masha Antokolskaia (Vrije Universiteit Amsterdam) presented first results of a comparative examination by FL-EUR (Family Law in Europe: Academic Network), a research platform consisting of experts from 31 jurisdictions. Professor Antokolskaia explained that FL-EUR conducted a detailed assessment of the protection of vulnerable adults in European countries with the aim of promoting cooperation “in books and in action”. Pointing to the adoption of the UN Convention on the Rights of Persons with Disabilities (UN CRPD), she outlined the need for substantial reform in the overwhelming majority of European countries. Professor Antokolskaia explained that the status of these reforms was assessed based on extensive country reports received from 31 jurisdictions. Providing an insight into the work of FL-EUR, she highlighted the methodological difficulties that arise in the comparative examination of vulnerable adult protection, inter alia due to the lack of a historic ius commune in this area.
While the project is still in progress, FL-EUR was already able to identify trends among the European countries: while some have undergone major reforms either before or after the adoption of the UN CRPD, many have only passed “patchwork” reforms or no sufficient reforms at all. Professor Antokolskaia underlined these differences by examining specific examples of vulnerable adult protection, such as the transition towards “support before representation”. In the bigger picture, the presentation observes that many Eastern European countries have not yet undergone the necessary “paradigm shift” but a minority are already far along or have completed this process.

After a spirited discussion on the implications of the comparative analysis presented by Professor Antokolskaia, the second part of the conference, led through by Professor Matthias Lehmann, was dedicated to cross-border issues.

Professor Bea Verschraegen examined current conflict of laws issues relating to the protection of vulnerable adults. She drew attention to the Hague Convention on the Protection of Adults, which focuses on adults who, because of an impairment or insufficiency of their personal faculties, are unable to protect their interests in cross-border situations.

Professor Verschraegen highlighted the increasing number of adults in need of protection and the variety of protective measures prescribed by the national law of their place of residence. These measures range from court-ordered protection to the assistance of pre-arranged third parties.
She expressed concern about the limited regional scope of the Hague Convention, as only 11 EU Member States are parties, and its complexity, which poses challenges to its effective application. In practice, it is not entirely clear what kind of ex ante and ex post measures are covered by the Convention. The same may apply to private mandates.

She pointed out that there is no EU instrument governing judicial cooperation in the field of adult protection. The proposed regulation aims to change this. In this context, Professor Verschraegen argued for a broader perspective beyond the dominant narrative of an ageing society, advocating the inclusion of all adults from the age of eighteen. Citing alarming statistics predicting a significant increase in new cancer cases by 2040, she stressed the urgency of implementing comprehensive policies that address both age-related diseases such as dementia and the unforeseen challenges faced by young adults.

The ongoing debate about the possible reorientation of the Convention and the proposal in line with the UN Convention on Disability or its effectiveness in its own right was also the focus of the presentation. While acknowledging the complexities, Professor Verschraegen suggested that a robust articulation of private international law rules and human rights instruments might suffice, underlining the need for careful consideration.

The discussion went on to explore issues arising from the Convention on the Rights of Persons with Disabilities, including private autonomy, self-determination and dignity. Professor Verschraegen questioned the fact that both Conventions monitor fundamental rights from a bird’s eye view, without a feasibility test. In societies that define individuals as worthy members of society if they work and earn enough money, individuals tend to define themselves in this way. Employment is therefore the test of worth in society and for individuals. This may be one of the reasons why the ageing population and the vulnerable and disabled are seen as a burden. However, younger adults face enormous problems, they too may be unable to work, impaired and vulnerable.

She highlighted that private autonomy, self-determination, and dignity are driving principles used in many countries, more specifically in the context of living and dying wills. However, their qualification shows a wide variety. As the EU Proposal aims at guaranteeing EU-wide recognition, clarification of what exactly ought or ought not to be recognized would be most useful.

Professor Verschraegen’s presentation was followed by a lively discourse on the complexities of the protection of vulnerable adults in cross-border settings. The event was concluded with closing remarks by Professor Florian Heindler (Sigmund Freud University, Vienna).

Over the course of the conference, the consensus emerged that the legal protection of vulnerable adults, specifically in Central and Eastern Europe, remains a highly topical issue with meaningful developments to be expected both on a substantive and a conflict-of-laws level. In this context, new questions raised during the discussions may have already foreshadowed future publications and conferences.

A on online conference on the international recovery of maintenance by public bodies is set to take place on 15 May 2024, between 2 and 5 pm CEST, hosted by the German Institute for Youth Services and Family Law (DIJuF).

The event concept is as follows.

The Child Support forum is pleased to invite every interested stakeholder to an open conference deepening the topic of cross-border maintenance recovery by public bodies.

Due to the increase in international mobility of families, the need for immediate child support in case of default of maintenance payment is growing. This support often consists of advance maintenance payments granted by public authorities, which then must be reimbursed by the debtor. The enormous sums of money that states spend on these benefits make the cross-border enforcement of maintenance by public bodies an important political issue. 

The first three meetings of the Child Support Forum showed that there is a great need for exchange between the public bodies. On the one hand, they face different hurdles in enforcing their claims due to the diversity of the maintenance support systems. On the other hand, common problems were also identified. The results of this work will be presented.

In a future perspective, it is clear that the tension between the need for more support for children, for an effective recovery of maintenance against debtors, and debtor protection is growing. It will be interesting to discuss to what extent the States make the grant of benefits dependent on the legal possibilities for reimbursement. For example, in the light of the text of the 2007 Convention and of the EU-Maintenance Regulation, public bodies currently have less support from Central Authorities when they seek reimbursement of maintenance support than children do when they claim child maintenance. Thus, the question arises as to whether debtor protection still justifies this legal situation and how maintenance debtors can be protected from double claims when it is no longer the child alone but a public body that seeks the recovery of maintenance payments.

The conference will mark the end of a series of three seminars on the topic of maintenance recovery by public bodies and is intended to provide insight into its socio-political and legal aspects as well as a unique opportunity for exchange with experts from different fields (academics, Central Authorities, public bodies from different countries). 

The conference program can be found here. Attendance is free, but prior registration (here) is required.

As announced in a previous post, a seminar series on the recast of Brussels I bis Regulation, is taking place during the 2023-2024 academic year, both in Paris at the Cour de cassation and online (in French), under the scientific coordination of Marie-Elodie Ancel (University of Paris-Panthéon-Assas) and Pascal de Vareilles-Sommières (University of Paris 1 Panthéon-Sorbonne).

The third seminar will take place on 26 February 2024 from 16.00 to 18.00 (UTC+1).

It will be devoted to “emerging litigation” in civil and commercial matters, in the context of Brussels I bis Regulation recast. The main topics to be discussed deal with infringements of human rights and the environment as well as class actions.

The list of speakers includes Olivera Boskovic (Paris Cité University), Sabine Corneloup (University of Paris Panthéon Assas), Sandrine Clavel (Paris-Saclay University) and François Mailhé (Picardie-Jules Verne University).

The programme, as well as registration and access details can be found here.

The recording of the previous seminars are available online here and here.

The other seminars will take place from 16.00 to 18.00 (UTC+1) 18 March, 22 April, 30 May and 24 June 2024.

The seminar series is organised by the Research Centre for Private International Law and International Trade (CRDI, University of Paris Panthéon Assas) and the Sorbonne Department Study of International Private Relationships (SERPI, University of Paris 1 Panthéon-Sorbonne), together with the Société de Législation Comparée (SLC), the French national school for the judiciary (ENM) and the French Supreme Court for civil and criminal matters (Cour de cassation).

On 8 and 9 March 2024 a conference will be held at the University of Augsburg, organized by Tobias Lutzi, to discuss current developments in connection with punitive damages.

In particular, the event aims to critically discuss whether and to what extent the German courts‘ strict refusal to recognize foreign punitive damage awards is still tenable in light of developments both in legal systems that award punitive damages and in legal systems that do not (but may still recognize such awards).

Speakers include Tobias Lutzi, Lukas Rademacher, Jan Lüttringhaus, Phillip Hellwege, Catherine Sharkey, Rachael Mulheron, Eleni Katsampouka, Cedric Vanleenhove, Marko Jovanovic, Leonhard Hübner, André Janssen, Beligh Elbalti, Johannes Ungerer, Wolfgang Wurmnest, Samuel Fulli-Lemaire, Marta Requejo Isidro, Caterina Benini and Min Kyung Kim.

The full programme is available here.

Registration is possible via this link; attendance is free of charge.

Those interested in attending the conference on-line may get in touch with the organisers (tobias.lutzi@jura.uni-augsburg.de) and ask for a video-link.

It has already been announced on this blog that the next EAPIL conference will take place in Wrocław (Poland) between 6 and 8 June 2024, and will be devoted to Private International Law and Global Crises.

Those willing to join the conference may now register for the event through the dedicated conference website. Please note attendance is in person (on-site) only.

The full programme of the conference, together with practical information on travel and accommodation, are also found in the website.

Huge thanks to Agnieszka Frąckowiak-Adamska, Vice-President of the European Association of Private International Law, and her team, for taking care of the event!

The conference speakers include: Raffaele Sabato (European Court of Human Rights), Vincent Kronenberger (Court of Justice of the European Union), Andreas Stein (European Commission), Patrick Kinsch (University of Luxembourg), Veronica Ruiz Abou-Nigm (University of Edinburgh), Iryna Dikovska (Taras Shevchenko National University Kyiv), Tamasz Szabados (ELTE Eötvös Loránd University), Alex Mills (University College London), Matthias Weller (University of Bonn), Eduardo Alvarez Armas (Universidad Pontificia Comillas), Olivera Boskovic (Université Paris Cité), Rui Dias (University of Coimbra), Klaas Eller (University of Amsterdam), and Laura Carpaneto (University of Genova).

For further information: 2024.EAPIL.Wroclaw@uwr.edu.pl.

As announced on this blog, registrations for the EAPIL Winter School, which is taking place in Como between 12 and 16 February 2024, will close on 25 January 2024

Organised by the University of Insubria, in cooperation with the Jagiellonian University in Kraków, the University of Murcia and the University of Osijek, this year’s edition of the Winter School will be devoted to Personal Status and Family Relationships.

The detailed programme can be found here.

The School is aimed primarily at law graduates, law practitioners and PhD candidates with an interest in private international law, EU law and human rights law.

Those interested in attending the School are invited to submit their application through this form before 25 January 2024. The admission fees amount to 250 Euros.

For information: eapilws@gmail.com.

As announced in a previous post, a seminar series on the recast of Brussels I bis Regulation, is taking place during the 2023-2024 academic year, both in Paris at the Cour de cassation and online (in French), under the scientific coordination of Marie-Elodie Ancel (University of Paris-Panthéon-Assas) and Pascal de Vareilles-Sommières (University of Paris 1 Panthéon-Sorbonne).

The second seminar will take place on 18 January 2024 from 16.00 to 18.00 (UTC+1).

It will be devoted to the recast of the Brussels I bis Regulation’s provisions on special jurisdiction. The main topics to be discussed include jurisdiction on contractual matters, in litigation over financial damage and in disputes relating to collective redress.

The list of speakers includes David Sindres (University of Angers), Bernard Haftel (University of Sorbonne Paris Nord), Caroline Kleiner (University of Paris Cité) and Valérie Pironon (University of Nantes).

The programme, as well as registration and access details can be found here.

The recording of the first seminar (30 November 2003) is now available online.

The other seminars will take place from 16.00 to 18.00 (UTC+1) on 26 February, 18 March, 22 April, 30 May and 24 June 2024.

The seminar series is organised by the Research Centre for Private International Law and International Trade (CRDI, University of Paris Panthéon Assas) and the Sorbonne Department Study of International Private Relationships (SERPI, University of Paris 1 Panthéon-Sorbonne), together with the Société de Législation Comparée (SLC), the French national school for the judiciary (ENM) and the French Supreme Court for civil and criminal matters (Cour de cassation).

A symposium titled “Personal Status on the Move” (La circulation du statut personnel), organised by the Société de Législation Comparée (SLC), the International Commission on Civil Status (ICCS), the Law Faculty of University of Côte d’Azur and the Associazione Civilisti Italiani, will take place on 19 January 2024 in Rome at the Corte Suprema di Cassazione.

The main topics covered will be civil status, persons’ identification, the union of persons, parenthood and nationality in a context of international mobility of persons and families.

Speakers (and chairs) include Claudio Scognamiglio (Chairman, Associazione Civilisti Italiani), Gustavo Cerqueira (Chairman, Section Méthodologie comparée du droit civil de la SLC), Nicolas Nord (Secretary General of the International Commission on Civil Status), Francesco Salerno (Università degli Studi di Ferrara), Marion Ho-Dac, Professeur (Université d’Artois), Camille Reitzer (Deputy Secretary General of the International Commission on Civil Status), Giovanni Di Rosa (Università di Catania), Fernand Munschy (Lawyer at the Strasbourg Bar & Université Haute-Alsace), Francesca Bartolini (Università degli Studi Link di Roma), Michele Sesta (Università di Bologna), Lukas Heckendorn Urscheler (Institut suisse de droit comparé), Alessandra Spangaro (Università di Bologna), Enrico Al Mureden (Università di Bologna), Ilaria Pretelli (Institut suisse de droit comparé), Renzo Calvigioni (Associazione Nazionale Ufficiali di Stato Civile e d’Anagrafe, ANUSCA), Gordon Choisel (Université Paris Panthéon-Assas), Mirzia Bianca (Università di Roma La Sapienza), Sylvain Bollée, (Université Paris 1 Panthéon-Sorbonne), Roberto Senigaglia (Università Ca’ Foscari Venezia), Hugues Fulchiron (Conseiller extraordinaire à la Cour de cassation, France), Sabine Corneloup (Université Paris Panthéon-Assas), Liliana Rossi Carleo (Università di Roma Tre).

Presentations will be held in French and Italian.

Those interested in attending can do so either in-person or on-line.

Attendance is free, but prior registration is required by 12 January 2024, through segreteria.civilistiitaliani@gmail.com.

Additional information, including the full programme of the conference, can be found here.

A link to follow the conference remotely will be provided shortly.

From 15 February 2024 to 17 February 2024, an early career research workshop will be held at Freie Universität Berlin to discuss works in progress on dispute resolution mechanisms and competence-competence in multi-level systems. The workshop invites young researchers working on related topics from all fields of legal research and is open to different methodological approaches to analyse the research questions. The workshop aims to generate a constructive and friendly atmosphere to test working hypotheses and discuss findings.

Further information in the call for abstracts here.

Applications and questions can be addressed to Maren Vogel at maren.vogel@fu-berlin.de.

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 new issues related to enforcement such as assignment of awards and the influence of the right to property. The third will be concerned with issues relating to attachment of assets, including sovereign immunities and asset tracing. The fourth will discuss States’ international obligations to comply with arbitral awards.

Speakers will include Gary Born (WilmerHale), Nicholas Lawn (Lalive), Ana Stanic (E&U Law Limited), Gilles Cuniberti (University of Luxembourg), Yael Ribco Borman (Gaillard Banifatemi Shelbaya Disputes), Javier Garcia Olmedo (University of Luxembourg), Fabio Trevisan (Bonn Steichen), Laura Rees-Evans (Fietta LLP), Thierry Hoscheit (Supreme Court, Luxemburg), Paschalis Paschalidis (Arendt & Medernach), Philippa Webb (Twenty Essex/ King’s College London), Michaël Schlesinge (Archipel), Luciana Ricart (Curtis, Mallet-Prevost, Colt & Mosle LLP), Crina Baltag, FCIArb (Stockholm University), Cameron Miles (3 Verulam Buildings), Manuel Casas (Twenty Essex), Loukas Mistelis (Queen Mary University of London/Clyde & Co), Matthew Happold (University of Luxembourg), Laure-Hélène Gaicio (Bonn Steichen).

The full programme can be found here. The event is free of charge, but registration is necessary (here).

The Spanish Association of Professors of International Law and International Relations (AEPDIRI) is organizing its VII Seminar on current issues in Private International Law on the topic A Private International Law centred on the rights of individuals. The seminar will take place at the Faculty of Law of the Universidad Pontificia Comillas (ICADE) in Madrid (https://www.comillas.edu) on 14 March 2024.

The Seminar is intended to discuss topics related to the challenges posed by the rights of individuals from a broad perspective and from a Private International Law dimension, related to the following thematic lines: Current issues raised by the regulation of the capacity of persons in Private International Law; Current issues raised by the regulation of parentage in international situations; The rights of vulnerable persons from a Private International Law dimension; Challenges posed by digitisation to the rights of the individual in private cross-border situations; Due diligence obligations in value chains and Private International Law; Civil liability of multinationals for human rights violations; New challenges in Immigration Law; Migrants’ rights from a Private International Law perspective.

Researchers are welcome to propose presentations which should cover one of the above-mentioned questions. Proposals should fit into the objectives of the Seminar and will be selected –for their oral presentation and/or publication- according to their relevance, quality and originality in respect to their contribution to the development of Private International Law studies.

Proposals should be submitted, following the requirements of the call, no later than 15 January 2024, by e-mail to: seminarioactualidad.dipr2024@aepdiri.org.

The working language of the Seminar will be Spanish, but papers may be also presented in English or French.

The submission of abstracts for selection as well as the participation to the Seminar are free of charge.

A new book entitled Blockchain and Private International Law has been published by Brill. It is available in open access and may be downloaded here. A book launch will take place on 20 December 2023 at 18:15 CET online and at the University of Lausanne (here is the link to the livestream).

The authors of the books are experts from various jurisdictions. The editors are Andrea Bonomi, Matthias Lehmann, and Shaheeza Lalani. It comprises five parts with overall 26 chapters.

The first part focuses on fundamental issues. It addresses the foundations of Distributed Ledger Technology (Tetsuo Morishita), the principle of technological neutrality  (Bruno Mathis), the general significance of private international law for crypto assets (David Sindres), property law issues associated with them (Christiane Wendehorst), as well as the problem of blockchain pseudonymity as an obstacle for the determination of the applicable law (Anne-Grace Kleczewski).

The second part addresses general conflict-of-laws problems raised by the blockchain. A taxonomy of crypto assets is given (Felix Krysa), the (in)significance of the situs is analysed (Amy Held), policy decisions are examined (Burcu Yüksel Ripley and Florian Heindler), and the law governing digital representations of off-chain assets is discussed (Emeric Prévost).

The third part examines specific crypto assets and legal relationships. It deals with central bank digital currencies (Caroline Kleiner), stablecoins (Matthias Lehmann and Hannes Meyle), blockchain torts  (Tobias Lutzi), insolvency issues (Giovanni Maria Nori and Matteo Girolametti), the law applicable to secured transactions on the blockchain (Matthias Haentjens and Matthias Lehmann), smart contracts (Mehdi El Harrak), blockchain-based negotiable instruments (Koji Takahashi), and crypto derivatives (Gregory Chartier).

The fourth part focuses on blockchain dispute resolution. In particular, the importance of the DAO for dispute resolution is investigated (Florence Guillaume and Sven Riva), and the recognition and enforcement blockchain-based decisions is analysed (Pietro Ortolani).

The fifth part of the book contains country reports. Represented are the legal systems of Switzerland (Pascal Favrod-Coune and Kévin Belet), the United States (Frank Emmert), Germany (Felix M. Wilke), in Liechtenstein (Francesco A. Schurr and Angelika Layr) and Japan (Tetsuo Morishita).

The virtual book launch of The Elgar Companion to UNCITRAL will take place on 14 December 2023 at 1:00 pm (CET) as a video conference via Zoom under the aegis of the Max Planck Institute for Comparative and Private International Law.

Co-edited by Rishi Gulati (University of East Anglia and Barrister, Victorian Bar, Australia), Thomas John (MCIArb, Independent Mediator, Arbitrator and Legal Consultant, the Netherlands) and Ben Köhler (Max Planck Institute for Comparative and International Private Law), this comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.

The book will be virtually launched by the Secretary of UNCITRAL Anna Joubin-Bret followed by an informative panel discussion will be included.

See here for registration to the book launch.

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, its strengths and areas for improvement, and to consider the future.

Four round tables will discuss the specific procedural framework established for handling international disputes, whether the international chamber has developed a specific caselaw, the international attractiveness of French commercial justice and future reforms.

The programme can be found here.

illustration CCIP 11Speakers will include judges from the court, academics, lawyers practising in Paris and abroad and officials from the French Ministry of Justice.

The symposium will be held in French with simultaneous translation.

Attendance is free, but registration is required at colloque.ca-paris@justice.fr

The Children’s Rights Academy at the University of Geneva offers an executive training programme on Civil Aspects of International Child Protection (ICPT).

The programme includes four half-day online modules in English (Children’s Individual Rights in Transnational Parental Relationships; International and Comparative Family Law; Vulnerable Migration and Practice of Child Protection Stakeholders: Inter-agency Co-operation in Context), scheduled to take place between 7 December 2023 and 18 April 2024.

Roberta Ruggiero, Gian Paolo Romano and Karl Hanson are the programme directors; Vito Bumbaca is the coordinator.

Speakers include: Roberta Ruggiero, Olga Khazova, Karl Hanson, Gian Paolo Romano, Philippe Lortie, Michael Wilderspin, Ilaria Pretelli, Vincent Chetail, Irina Todorova, Noelle Darbellay, Mayela Celis Aguilar, Jason Harts, Nicolas Nord, Joëlle Schickel and Jean Ayoub.

For further info, see here.

On 4 December 2023, at 6 p.m. CET, a free webinar will take place in preparation of the 2024 inaugural edition of the EAPIL Winter School on Personal Status and Family Relationships, which will be held on-site in Como between 12 and 16 February 2024 (a detailed brochure is available here).

The webinar will give a glimpse of what the Winter School will be about. Specifically, it will focus on selection of hot topics, such as the cross-border recognition of sex reassignment and the enjoyment of the right to name abroad.

The speakers are some of those who will be lecturing at the Winter School, namely Laura Carpaneto (University of Genova), Javier Carrascosa González (University of Murcia), Ester di Napoli (University of Ferrara), Cristina González Beilfuss (Unversity of Barcelona), Satu Heikkilä (LL.D., Administrative Law Judge), Silvia Marino (University of Isnubria), Nadia Rusinova (Hague University), Michael Wildespin (Legal Advisor to the European Commission), Anna Wysocka-Bar (Jagiellonian University), and Mirela Župan (University of Osijek).

The webinar will also offer an opportunity to provide information about the EAPIL Winter School.

Join the free seminar to discover what awaits you during the Winter School week, and…if you want to know more, enrol and come to Como in February!

Those interested in attending the webinar may do so directly through this link. No prior registration is required.

More information on the Winter School is found here. To enrol in the Winter School, please fill in this form.

A seminar series on the recast of Brussels I bis Regulation, organized by the Research Centre for Private International Law and International Trade (CRDI, University of Paris Panthéon Assas) and the Sorbonne Department Study of International Private Relationships (SERPI, University of Paris 1 Panthéon-Sorbonne), together with the Société de Législation Comparée (SLC), the French national school for the judiciary (ENM) and the French Supreme Court for civil and criminal matters (Cour de cassation), will take place during the 2023-2024 academic year, both in Paris and online (in French).

According to the scientific coordinators of the seminar series, Marie-Elodie Ancel (University of Paris-Panthéon-Assas) and Pascal de Vareilles-Sommières (University of Paris 1 Panthéon-Sorbonne), the seminar series aims to provide a forum for French legal experts – academics and practitioners – to discuss the future reform of Brussels I bis Regulation and to propose key improvements to the text.

The first seminar will take place on 30 November 2023 (9.00 – 12.30 am, UTC+1). The objective will be to present the prospect of a recast, from a political and technical perspective, and to discuss different issues relating to the scope of a future “Brussels I ter Regulation”.

The list of speakers includes Pascal de Vareilles-Sommières, Tania Jewczuk, Marie-Elodie Ancel, François Ancel, Malik Laazouzi and Etienne Pataut.

The programme, as well as registration and access details can be found here. The conference series will take place at the Cour de cassation (Paris, France) and will also be broadcast live (see here).

The other seminars will take place in 2024 from 16.00 to 18.00 (UTC+1) on 18 January, 26 February, 18 March, 22 April, 30 May and 24 June.

This post has been written by Jacco Bomhoff (LSE)Uglješa Grušić (UCL), and Manuel Penades (KCL).


As previously announced, the LSE Law School hosted a symposium to celebrate the scholarly work of Emeritus Professor Trevor C. Hartley on 17 October 2023.

The Symposium brought together around 70 participants, colleagues, and friends from the UK and abroad, who celebrated and discussed Trevor’s many contributions.

The first contribution to the Symposium was a keynote by Professor David Kershaw, Dean of the LSE Law School. He reminded us that Trevor came to LSE from the University of Western Ontario in 1969 and taught at LSE for a record-breaking 54 years. In that time, Trevor firmly established himself as a leading scholar in private international law and EU law, and inspired many generations of law students.

Subsequently, Lord Collins gave another keynote in which he commented on Trevor’s contributions to private international law. Trevor has pursued many topics in the field, but is perhaps best known for his work on mandatory rules, choice-of-court agreements, and comparative international civil and commercial litigation. He joined the team of editors of Dicey and Morris on Conflict of Laws (as it then was) in 1985 and was one of the specialist editors responsible for 10 chapters in the 11th edition (1987) and 12 chapters in the 12th edition (1993). He sat on the Lord Chancellor’s Committee for Private International Law, gave a Hague Academy special course on the common law approach to mandatory rules in international contracts in 1997 and a general course on the modern approach to private international law in 2006, and was a rapporteur on the 2005 Hague Choice-of-Court Convention. Trevor has authored many books in the field, including a student textbook on International Commercial Litigation (CUP, now in its 3rd edition from 2020), and monographs on Civil Jurisdiction and Judgments in Europe (OUP, now in its 3rd edition from 2023) and Choice-of-Court Agreements under the European and International Instruments (OUP, 2013).

These keynotes were followed by the first panel of the day, which focused on global and comparative private international law, one of the main themes of Trevor’s scholarship. This panel was chaired by Dr Roxana Banu (Oxford), who noted that the aim of the Symposium was to celebrate Trevor and, through Trevor, the field of private international law.

The first speaker in this panel, Professor Paul Beaumont (Stirling), outlined the 2019 Hague Foreign Judgments Convention and explained its relationship with the 2005 Hague Choice-of-Court Convention. He commented on key features of the 2019 Convention, such as the broad range of judgments that come within its scope, the broad set of indirect jurisdictional rules, and exclusion of arbitration. Furthermore, he noted that the 2019 Convention supplements the 2005 Convention in different ways, for example by covering non-exclusive choice-of-court agreements, providing for a defence of breach of a jurisdiction agreement, and covering asymmetric choice-of-court agreements (as confirmed in Etihad Airways PJSC v Flother, where the Court of Appeal referred to the Hartley and Dogauchi Explanatory Report at [85]). Finally, Professor Beaumont confirmed that the two conventions should be interpreted in a systematic way. The 2005 and 2019 Conventions represent two key pieces of the Hague global justice system, which is a fitting legacy for Trevor’s excellent work on the 2005 Convention.

Professor Alex Mills (UCL) commented on the importance of the 2005 Convention. He remarked that the fact that the 2005 Convention exists and is in force is important for the Hague Conference and global private international law. However, a relatively modest number of ratifications demonstrates challenges of international harmonisation. Nevertheless, the success of a treaty is not measured only in terms of number of ratifications – the 2005 Convention crystalised the importance and acceptance of party autonomy in the field of jurisdiction and foreign judgments, and is an important sign of consensus in this respect. The 2005 Convention is important for the London litigation market because it provided a degree of continuity after Brexit. Finally, Professor Mills noted the value of the Hartley and Dogauchi Explanatory Report for interpreting and applying the treaty, and its contribution to the success of the treaty.

Professor Koji Takahashi (Doshisha) commented on comparative private international law by pointing out that the relationship between the common law and civil law systems in private international law is often analysed in terms of well-known dichotomies. One of those dichotomies is pragmatism v dogmatism (idealism). Nevertheless, Professor Takahashi noted that all private international law systems combine elements of both pragmatism and dogmatism. He demonstrated this point by showing the pragmatic aspects of pleading and proof of foreign law, renvoi, and the choice-of-law rules for divorce in Japanese law. The application of these doctrines often allows Japanese courts to apply Japanese law.

Professor Veronica Ruiz Abou-Nigm (Edinburgh) closed the first panel by discussing the protection of global commons in private international law, a subject that Trevor touched on in his 2009 Revue Hellenique de droit international article on ‘Multinational Corporations and the Third World’. Prof Ruiz Abou-Nigm did this by drawing out attention to three points: (1) power imbalances and access to justice, particularly in the context of business and human rights litigation; (2) accessibility of the private international law logic to ordinary people and lawyers; and (3) impact of differentials in capacity and expertise. Professor Ruiz Abou-Nigm concluded by remarking on the importance of local solutions to global problems such as sustainable development, and by recognising the importance of academic activism.

This panel was followed by a third keynote given by Professor Hans van Loon, who, as former Secretary General of the Hague Conference, is particularly well placed to comment on Trevor’s contribution to the work of the Conference. Professor van Loon expressed a view that the Hartley and Dogauchi Explanatory Report is a “masterpiece”. Professor Van Loon also reminded us that Trevor is a key member of the European Group of Private International Law (GEDIP).

A fourth keynote was given by Professor Carol Harlow (LSE, emerita). Since Professor Harlow and Trevor joined LSE at around the same time, she was able to comment on Trevor’s contributions to the LSE Law School, as well as on Trevor’s contributions to public law and EU law scholarship. Some readers of the blog may not know that Trevor was a pioneer in EU law in the UK and that his book on the Foundations of European Community Law (Clarendon Press, 1981) had a significant impact in the English-speaking world.

The day’s second panel was chaired by Professor Pippa Rogerson (Cambridge). Its remit was Trevor ’s well-known ICLQ article on the CJEU’s “systematic dismantling of the common law” in its decisions in Gasser v Misat, Owusu v Jackson, and Turner v Grovit. The panel’s task was to revisit the article, almost 20 years after its publication, and in light of all that has happened in the law of civil jurisdiction since.

Professor Andrew Dickinson (Oxford) spoke first, on anti-suit injunctions. Professor Dickinson sketched a contrast between Trevor’s view of anti-suit injunctions, which he characterized as one of “wary receptiveness”, and his own, which was “warier and less receptive”. Zooming out from the discussion of Turner v Grovit, Dickinson also looked further back – to the Privy Council’s seminal decision in Aérospatiale v Lee Kui Jak, on which Trevor recently published a case comment – and to more recent developments, notably the CJEU’s decision in Charles Taylor Adjusting Ltd v Starlight Shipping Co. Professor Dickinson’s conclusion was that “[The] anti-suit injunction is as controversial as it ever was, and the issues that it throws up have become more complex as the world and the ways in which legal systems interact with one another have evolved over time. It is a good thing that Trevor has been willing to serve as one of our principal guides, highlighting the trade-offs involved in choosing between unilateralism and multilateralism.”

Professor Jonathan Harris (KCL) discussed forum non conveniens, taking up not just the ICLQ article just mentioned, but also Trevor’s book on Civil Jurisdiction and Judgments (Sweet & Maxwell, 1984), and his 1992 comment in the European Law Review on the Court of Appeal’s decision in Re Harrods (Buenos Aires) Ltd [1992] Ch 72. Professor Harris noted how Trevor thought the Court of Appeal had reached the right decision in that case, and how he “did not hold back” in his later criticism of Owusu, in both the ICLQ article and in his lectures for the Hague Academy. Again taking a broader perspective, Professor Harris noted that the answer to the question “forum non conveniens – where are we now?” seems to be, roughly, “where we were 35 years ago”, at the time of Spiliada. Professor Harris concluded by giving his views on why, in the way English law is currently structured, so much still turns on the ability of claimants to serve defendants within the jurisdiction, as compared to having to obtain permission to serve out.

Professor Eva Lein (BIICL and Lausanne) was slated to speak on “torpedo” actions – another topic of concern in the “systematic dismantling” article – but unfortunately had to cancel at short notice.

The last speaker for this panel, therefore, was Professor Adrian Briggs (Oxford), who addressed the topic “What is left of the Brussels I Regulation in English law and in the English courts?”. Professor Briggs identified four different layers to the lingering effects of the Brussels regime. First, the direct legacy of the rules of section 15 of the Civil Jurisdiction and Judgments Act 1982, as amended, on jurisdiction in certain cases involving consumers and employees. Second, and a little more indirect, is the baggage of CJEU interpretations of key terms in the Rome I and Rome II Regulations that built on their approach to the Brussels regime, and that now threaten to affect the English courts’ approach to the retained rules on choice of law. For both these instruments, in Professor Briggs’ view, the conclusion is that there is nothing much wrong with the “European” rules themselves, but rather a lot wrong with the CJEU’s interpretation of them. The third and fourth layers to the legacy of the Brussels regime in English law, in Professor Briggs’ view, sound in cultural terms. First, certain basic ideas and outlooks familiar from practice under the Brussels rules may still influence English law. The main example for this is perhaps the basic proposition, patterned on Article 4 of Brussels I bis, that it is right that claimants should always be able to sue English companies in England. For the fourth and last lingering effect of the Brussels regime, Professor Briggs returned to the main theme of Trevor’s “systematic dismantling” article. This is the lasting memory, stated bluntly, of a Court of Justice preaching mutual respect but acting with disrespect; to Member States courts and legal systems in general, and to the common law in particular.

The last keynote speaker for the day was Professor Damian Chalmers (National University of Singapore). His speech combined an appraisal of Trevor’s early and seminal contributions to the study of the law of the European Communities, with a more personal reflection on Trevor’s role as mentor.

The final panel dealt with the relationship between dispute resolution clauses and EU law, another of Trevor’s significant themes of scholarship. The panel was chaired by Professor Yvonne Baatz (QMUL, retired). She opened the session by highlighting the breadth of Trevor’s work and his characteristic ability to explain complex ideas in accessible and clear ways.

The first talk in the panel was given by Alexander Layton KC (Twenty Essex and KCL), focusing on the reflexive effect of EU private international law. While the topic is now primarily of historical interest in England, Layton explained that it still serves as a good example of the tension between the common law and civil law traditions. He criticised the CJEU for failing to consider the role of comity in the context of the potential reflexive effect of the Brussels regime toward third States in three relevant areas: foreign lis pendens, exclusive jurisdiction, and dispute resolution clauses in favour of the courts of third States. While lis pendens is now resolved by Articles 33 and 34 of Brussels I bis, the other two issues remain contentious. National courts have three options: interpreting the Brussels/Lugano regime as incorporating an implied yet mandatory reflexive effect (“strict reflexivity”); prohibiting such reflexive effect based on the mandatory application of the rules on jurisdiction of the Brussels/Lugano regime in favour of EU courts, regardless of the interests of the third State (“prohibited reflexivity”); permitting EU courts to decide the matter based on national law given the absence of express solution in the Brussels/Lugano regime (“flexible reflexivity”). While all three options present challenges, English courts appear to have adopted the flexible reflexivity approach (Ferrexpo v AG v Gilson Investments Ltd). Layton opined that brief passages in previous European case law suggest that the CJEU could support the “strict reflexivity” model. This uncertainty might be resolved by the forthcoming decision in BSH Hausgeräte v Aktiebolaget Electrolux concerning the validity of a Turkish validation of a European patent.

This talk was followed by Professor Richard Fentiman (Cambridge), who spoke about the relationship between international arbitration and the Brussels/Lugano regime. He identified two reasons why the English legal community was profoundly unpersuaded by the case law of the CJEU that curtailed contractual remedies to enforce arbitration agreements in the form of antisuit injunctions and damages awards. The first was that those EU decisions were not about the hierarchy between arbitration and EU law but about a more profound clash between the integrity of the Brussels rules and the remedies available under national law to enforce arbitration agreements. The second reason concerned the Court’s frustrating technique, which refused to recognise the conceptual distinction between the allocation of jurisdiction, on the one hand, and the enforcement of contractual rights and controlling personal conduct, on the other. The use of open-textured concepts such as mutual trust and effet utile did not inspire confidence and, in fact, was used by the Court to make policy decisions in the guise of legal reasoning. In the second part of his presentation, Professor Fentiman argued that these contractual remedies should become available and effective again after Brexit even vis-à-vis EU Member States (as evidenced by French case law). Also he pointed out that the doctrine laid by the CJEU in Case Charles Taylor Adjusting no longer applies to English decisions and, therefore, their European effectiveness will depend on the national law of each EU Member State and their notions of public policy. The relief brought by Brexit, he concluded, is that the decision whether to request those remedies from English courts in each case will depend on the parties’ litigation strategies, and not on a general prohibition imposed by EU law. Equally, he celebrated the fact that English courts will be free to address outstanding questions such as the compatibility of these contractual remedies with Article 6 of the European Convention of Human Rights squarely and without the restrictions imposed by the often tendentious unpersuasive reasoning of the CJEU.

The third presentation in this panel was delivered by Jan Kleinheisterkamp (LSE), who spoke about arbitration and EU mandatory rules. He explained that at the root of the problem lies the fact that, unlike national courts with article 9 of the Rome I Regulation, arbitrators do not have a clear choice of law regime for mandatory rules. As a result of Eco Swiss and Ingmar, some European courts have refused the enforcement of arbitration agreements when the use of international arbitration, coupled with the choice of law made by the parties, would lead to the disapplication of EU mandatory law. An option to avoid this radical effect would be to allow court proceedings seeking an undertaking by both parties to apply the relevant mandatory rule as a condition to enforce the arbitration agreement, linked to the possibility of court review at the post-arbitration stage (just like in the SCOTUS decision in Mitsubishi v. Soler Chrysler-Plymouth). Dr Kleinheisterkamp argued that the growing tendency of English courts to issue antisuit injunctions should not impede the operation of this proposal post-Brexit, when a party commenced court proceedings before EU courts to obtain such undertaking from its counterparty to the arbitration agreement. To do this, English courts should reconsider the possible application of Ralli Bros v Compania Naviera Sota y Aznar (1921) 8 Ll L Rep 139 to arbitration agreements and avoid turning England into a safe haven for arbitrations of any colour and shape. A more measured approach was preferable to avoid backlashes against arbitration, and recent decisions by English courts preventing illegality in arbitration (The Federal Republic of Nigeria v Process & Industrial Developments Limited) offered hope that some judges were receptive to that restrained approach.

Professor Linda Silberman (NYU, emerita) closed the panel. She discussed the potential adoption of the 2005 Hague Choice-of-Court Convention by the USA and the controversy raised by the reactions of some arbitration practitioners against the Convention compared to the 1958 New York Convention (see herehere, and here). While the prospects for the adoption of the 2005 Convention are positive, Professor Silberman signalled that one of the main areas of concern was that, unlike in Article V(1)(a) of the NYC, Article 9(a) of the 2005 Convention provides that that the determination by the chosen court in favour of the validity of the forum selection agreement is conclusive. A recent discussion on the subject in the NY Bar Committee concluded that Articles 6(c) and 9(e) of the 2005 Convention offered sufficient safeguards to alleviate the concern. Article 6(c) would allow a party to demonstrate that it never consented to a putative choice of court agreement and that holding a party to such a clause would create manifest injustice or would manifestly violate the public policy of the non-selected court. Article 9(e) would also prevent the recognition or enforcement of a judgment when it would be manifestly incompatible with the public policy of the requested State. Despite Article 9(a) of the 2005 Convention, the NY Bar Committee NY Bar was satisfied that Article 9(e) would allow the court to stop the effect of the finding by the allegedly selected court in favour of the validity of a bogus choice of court agreement. To strengthen this position, the NY Bar Committee recommended the introduction of federal legislation to reiterate the principles that voluntary consent to jurisdiction is an aspect of fundamental US public policy and an element of US constitutional due process, and also that US public policy requires a court to refuse to recognise or enforce a judgment obtained in a judicial system that does not afford impartial tribunal and judicial fairness. The Hartley and Dogauchi Explanatory Report was instrumental to reach this positive conclusion.

The Interdisciplinary Association of Comparative and Private International Law (IACPIL) is hosting a conference titled “Legal Protection of Vulnerable Adults in Central and Eastern Europe” on the 28 November 2023 at the University of Vienna.

The aging population and the rise of age-related diseases result in the urgent need to address the legal issues surrounding vulnerable adults. Beyond the challenges posed by the aging demographic, other vulnerable groups also warrant legal protection. Conducting a comparative analysis of the prevailing legal frameworks for protecting vulnerable adults becomes imperative to gain insights into effective solutions and identify areas requiring further attention.

This conference will therefore explore the protection of vulnerable adults in Central and Eastern Europe including cross-border issues. Masha Antokolskaia and Bea Verschraegen, renowned experts in the fields of comparative and private international law, will shed light on the complexities surrounding the protection of vulnerable adults.

The full programme of the conference and further information can be found here.

Participation is free of charge. Those wishing to attend the Conference online are invited to register by 27 November 2023 (office@igkk.org).

An online conference titled The Institution of the Family – Tradition, Reform, Uniformity and Perspectives will take place on 4 and 5 December 2023. The event, organized by a group of academic institutions, including the “Dunărea de Jos” University in Galați, the University of Caen Normandie, the Carlos III University of Madrid, the University of Murcia and the Universidad Autónoma del Estado de Morelos of Cuernavaca, aims to explore the evolving approach to family relationships as reflected in domestic, European and international rules.

Scholars interested in making a presentation at the conference have until 19 November 2023 to submit a proposal.

More information on the conference and the call can be found here.

This post has been written by Sanja Marjanović (Faculty of Law, University of Niš, Serbia) and Uglješa Grušić (UCL).


The 18th Regional Private International Law Conference will take place on 17 November 2023 at the Faculty of Law, University of Niš, Serbia, with the support of the Deutche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ). The theme of the Conference is Private International Law and International Organizations – Achievements and Challenges.

The Conference will provide an opportunity to celebrate the 20th anniversary of the inaugural regional PIL conference, which was also held in Niš in 2003. These regional PIL conferences are a result of the vision of Professor Mirko Živković (Faculty of Law, University of Niš) to re-establish a regional PIL network that had been broken by the tragic dissolution of the former Yugoslavia. Although PIL scholars from countries stemming from the former Yugoslavia continue to be the nucleus of these conferences, they regularly attract PIL scholars from other countries as well.

The opening panel will feature the following topics and speakers:

  • Reflections on the Complementarity of Global and Regional Unification of Private International Law, Hans van Loon (Former Secretary General of the Hague Conference on Private International Law), The Hague
  • Characterisation in the CJEU Case Law: Unity or Diversity?, Vesna Lazić, Utrecht University and Asser Institute, The Hague
  • Centennial of the Hague Academy of International Law, Maja Stanivuković, University of Novi Sad

The full programme of the conference can be found here.

The working language of the Conference will be English, and it will also be streamed online.

Those wishing to attend the Conference online are invited to register by emailing contact details and affiliation to antanasijevic@prafak.ni.ac.rs by 16 November at 12 CET.

Conference proceedings will be published in September 2024.

After the first successful conference in Aarhus in 2022, the next conference of the European Association of Private International Law (EAPIL) will be held from 6 to 8 June 2024 at the University of Wrocław, Poland. The local host will be Agnieszka Frąckowiak-Adamska. 

The Wrocław conference will focus on Private International Law and Global Crises. The general question discussed is whether private international law can respond to crises, and if so, how. Four thematic blocks are planned, concerned respectively with war and armed conflict, the rule of law, climate change and global supply chains.

In addition, reports from the Court of Justice of the European Union, the European Court of Human Rights and the European Commission will provide insights into current challenges in the creation and application of EU PIL.


Thursday, 6 June 2024

14:00
Registration

15:30
Welcome addresses

16:00
Keynote
Mateusz Pilich, University of Warsaw

17:00
Reports from Luxembourg, Strasbourg and Brussels
Lucia Serena Rossi, Court of Justice of the European Union (tbc)
Raffaele Sabato, European Court of Human Rights
Andréas Stein, European Commission

19:00
Reception



Friday, 7 June 2024

9:00
Revisiting the Functions of Private International Law

Can Private International Law respond to crises and if yes, how?
Patrick Kinsch, University of Luxembourg
Veronica Ruiz Abou-Nigm, University of Edinburgh

10.40
Private International Law, War and Armed Conflicts

Dealing with war-induced migration: Family law aspects
Iryna Dikovska, Taras Shevchenko National University Kyiv

Dealing with war-induced effects: Contractual relationships
Tamasz Szabados, ELTE Eötvös Loránd University

13.00
Private International Law and the Rule of Law

Protection of the Rule of Law I: Jurisdiction and applicable law
Alex Mills, University College London

Protection of the Rule of Law II: Enforcement and mutual trust
Matthias Weller, University of Bonn

15.00
Private International Law and Climate Change

Liability for climate change induced harm: Jurisdiction and Applicable law
Eduardo Alvarez Armas, Universidad Pontificia Comillas
Olivera Boskovic, Université Paris Cité (France)

17:00
General Assembly (EAPIL members only)

19:00
Reception



Saturday, 8 June 2024

9:00
Private International Law and Global Supply Chains 

Protection of human rights in global supply chains I: Jurisdiction
Rui Dias, University of Coimbra

Protection of human rights in global supply chains II: Applicable law
Klaas Eller, University of Amsterdam

Protection of human rights in global supply chains III: Ordre public
Laura Carpaneto, University of Genova

10:00
Discussion

11.00
How Can Private International Law Contribute to a More Sustainable Life?
Roundtable

12.30
Lunch

13.30
End of conference

 

The website of the conference (including the registration form) will be available soon.

Information about the University of Wrocław is here and about the city of Wrocław is here.

The Roma Tre University and the Catholic University of the Sacred Heart have jointly organised a conference titled The Italian Scholars and The Hague Academy of International Law – A retrospective on the occasion of the Academy’s Centennial Anniversary, under the patronage of the Italian Ministry of Foreign Affairs and the Hague Academy itself.

The conference, due to take place on 30 November 2023 in Milan, at the Catholic University of the Sacred Heart, will discuss the contribution provided by Italian scholars to the development of both public and private international law through courses delivered at the Academy since 1923.

A final roundtable will be devoted to the challenges that face, today, those teaching and researching public and private international law, including the law of international arbitration.

Speakers include: Giulio Bartolini, Tullio Treves, Luca Radicati di Brozolo, Robert Kolb, Sergio Marchisio, Marina Castellaneta, Francesco Salerno, Sara Tonolo, Pasquale De Sena, Beatrice Bonafè, Annamaria Viterbo, Paolo Palchetti, Chiara Tuo, Giuseppe Nesi, Jean-Marc Thouvenin, Attila Tanzi, Giuditta Cordero-Moss, Massimo Benedettelli, and Verónica Ruiz Abou-Nigm.

A detailed programme can be found here.

The working languages will be English, French and Italian, with Italian presentations being simultaneously translated into English.

Attendance is on-site only. Prior registration is required through the form available here.

As announced on this blog, the inaugural edition of the European Association of Private International Law Winter School will take place in Como between 12 and 16 February 2024.

Organised by the University of Insubria, in cooperation with the Jagiellonian University in Kraków, the University of Murcia and the University Osijek, this year’s edition of the Winter School will be devoted to Personal Status and Family Relationships.

The lectures, in English, will discuss a range of issues relating to the cross-border continuity of status, filiation, and family relationships between adults. Both Hague conventions and EU legislative measures will be examined, with an approach combining theory and practice. There will be ample room for interaction with (and among) the participants.

The teaching staff consists of Silvia Marino (University of Insubria, director of the School), Laura Carpaneto (University of Genova), Javier Carrascosa González (Universidad de Murcia), Ester di Napoli (University of Ferrara), Cristina González Beilfuss (Unversity of Barcelona), Satu Heikkilä (LL.D., Administrative Law Judge), Katja Karjalainen (University of Eastern Finland), Máire Ní Shúilleabháin (University College Dublin), Etienne Pataut (University of Paris 1), Paula Poretti (University of Osijek), Nadia Rusinova (Hague University), Raffaele Sabato (Judge of the European Court Human Rights), Ian Sumner (Tilburg University), Camelia Toader (former-Judge of the Court of Justice), Ioan-Luca Vlad (University of Bucharest), Michael Wilderspin (EU Commission Legal Advisor), Anna Wysocka-Bar (Jagiellonian University), Mirela Župan (University of Osijek).

The detailed programme can be found here.

The School is aimed primarily at law graduates, law practitioners and PhD candidates with an interest in private international law, EU law and human rights law.

Those interested in attending the School are invited to submit their application through this form before  25 January 2024.

Admission fees are as follows: early bird (by 12 December 2023): 180 Euros; ordinary: 250 Euros.

A reduced fee of 80 Euros is offered to one student from any of the Universities that are partners in the project  and one for a Ukrainian student. For the purposes of the reduction, a “Ukrainian student” is someone whose residence was in Ukraine on 24 February 2022, or shortly before that date, and is currently a student, including a PhD student, at a University, wherever located. A student from a Partner University is a PhD student enrolled in a PhD Course offered by either the University of Insubria, the Jagiellonian University in Kraków, the University of Murcia or the University Osijek, or a young scholar (below the age of 32) working in one of those Universities.

For information: eapilws@gmail.com.

The Hague Academy of International Law has made known the programme of the summer course of Private International Law of 2024.

The course will be opened by Lord Lawrence Collins of Mapesbury (Former Justice at the United Kingdom Supreme Court) with a lecture on Use and Abuse of Comity in International Litigation.

The general course, titled The Metamorphoses of Private International Law, will be given by Charalambos Pamboukis (National and Kapodistrian University of Athens).

The special courses will be as follows: Jack Coe (Pepperdine Law School), Non-ICSID Convention Investor-State Awards in Domestic Courts; Andrew Dickinson (University of Oxford), Natural Justice in Recognition and Enforcement of Foreign Judgments; Carlos Esplugues (University of Valencia), New Dimensions in the Application of Foreign Law by Courts (and Arbitrators) and non-Judicial Authorities; Eva Lein (University of Lausanne), Breathing Space in International Contractual Disputes; Natalie Y. Morris-Sharma (Director at the Attorney-General’s Chambers Singapore), The Singapore Convention and the International Law of Mediation; Alessandra Zanobetti (University of Bologna), The Effects of Economic Sanctions and Counter-Measures on Private Legal Relationships.

The directors of studies will be Kubo Macák (University of Exeter) and Jacco Bomhoff (London School of Economics and Political Science) for the English-speaking section, Alain-Guy Tachou Sipowo (Université de Montréal) and Fabien Marchadier (University of Poitiers) for the French-speaking session.

All applicants are required to register online. A limited amount of scholarships is available. Registration period for full fee, scholarship, doctoral scholarship and Directed Studies applicants is between 1 November 2023 and 31 January 2024.

More information on the Academy’s programmes, including the upcoming Winter Course, may be found here.

On 16 November 2023 the Lyon 3 University will host a colloquium on the French Draft Code of Private international Law, organised by Ludovic Pailler.

The presentation of the colloquium reads as follows:

Following a mission statement, the working group charged with considering the codification of private international law, chaired by Mr. Ancel, submitted its report to the Minister of Justice on 31 March 2022. This was followed by a public consultation and the announcement, by the Minister of Justice, that the project would come to fruition. This codification has already been the subject of two scientific events at our establishment (i.e. Lyon 3 University). One was devoted to the code’s construction model, the other to its content (see here). The third event, to be held on 16 November 2023 in Lyon, concerns a comparative law analysis of the draft code. 

The colloquium is divided into two parts. The first examines codification from the point of view of European Union member states. Both the value of this exercise and the practical ways in which it is carried out will be explored. Does French codification differ from its foreign equivalents? Is it expected? Doesn’t it run counter to European Union law? The second part of the presentation will be devoted to the point of views from outside the EU, with a view to testing the stated ambition of enhancing the attractiveness of French PIL, and analysing it in the light of experiences or initiatives undertaken in contexts where the subject is in decline (United States) or less integrated (Brazil).

The list of speakers and chairpersons includes : Olivier Gout, Cyril Nourissat, Ludovic Pailler, Frédérique Ferrand, Patrick Wautelet, Eva-Maria Kieninger, Pietro Franzina, Daniel Petrache, Hugues Fulchiron, Gian Paolo Romano, Yoko Nishitani, Chris Whytock, Gustavo Ferraz De Campos Monaco and Sabine Corneloup.

The event will be held in French and in English.

For registration see here. The full programme is available here.

A webinar on early marriages, organised by the Interest Group on Private International Law of SIDI, the Italian Society of international Law, will take place on 5 October 2023 at 4 pm CET.

The event will specifically concern the decision of the German Federal Constitutional Court, of 2023, on the constitutionality of the German law combating child marriages of 2017, and aims to provide comparative reflections on early marriages and their regulation in national and international law.

The main speaker will be Nadjma Yassari (Max Planck Institute for Comparative and International Private Law), while Giacomo Biagioni (University of Cagliari) will act as a discussant.

The webinar, in English, will be broadcast through Microsoft Teams. Those interested in attending are invited to use this link to connect as the webinar begins. No registration is required.

Jacco Bomhoff (LSE), Manuel Penades (KCL), and I are pleased to announce that the LSE Law School will host a symposium to celebrate the scholarly work of emeritus professor Trevor C. Hartley.

Trevor has long been one of the world’s most distinguished scholars of Conflict of Laws (Private International Law), continuing a tradition started at the LSE by Professor Otto Kahn-Freund. For many decades, he has been at the forefront of developments in the field. As a prominent critic, notably of the Court of Justice’s efforts to unify European private international law. But also as an active participant in projects of legislation and modernization. And as author of authoritative treatises and clear and accessible student textbooks.

His publications include the Hartley & Dogauchi Explanatory Report on the 2005 Hague Convention on Choice of Court Agreements, Hague lectures on ‘Mandatory Rules in International Contracts: the Common Law Approach’ and ‘The Modern Approach to Private International Law – International Litigation and Transactions from a Common-Law Perspective’, student textbook on International Commercial Litigation (CUP, now in its third edition from 2020), and monographs on Civil Jurisdiction and Judgments in Europe (OUP, now in its second edition from 2023) and Choice-of-Court Agreements under the European and International Instruments (OUP, 2013).

This Symposium will bring together colleagues and friends, from the UK and abroad, to celebrate and discuss Trevor’s many contributions. It is organised around some of the main themes of Trevor’s private international law scholarship.

The first panel will focus on global and comparative private international law. Paul Beaumont, Alex Mills, Veronica Ruiz Abou-Nigm, and Koji Takahashi (chair Roxana Banu) will discuss the 2019 and 2005 Hague Conventions, common law and civil law traditions in private international law, and the role of private international law in protecting global commons.

The second panel will examine contemporary English conflict of laws, through the lens of Trevor’s famous ICLQ article on the systematic dismantling of the common law of conflict of laws. Eva Lein, Andrew Dickinson, Jonathan Harris, and Adrian Briggs (chair Pippa Rogerson) will discuss the ‘Italian torpedo’, anti-suit injunctions, forum non conveniens, and the residual influence (if any) of the Brussels I Regulation in English law.

The third panel will focus on dispute resolution. Alexander Layton, Richard Fentiman, Jan Kleinheisterkamp, and Linda Silberman (chair Yvonne Baatz) will explore the reflexive effect of EU private international law and dispute resolution clauses, the interplay between EU (private international) law and arbitration, and the comparison between the 2005 Hague Convention and the New York Convention.

In addition, Lawrence Collins, Hans van Loon, Damian Chalmers, and Carol Harlow will give keynote speeches, reflecting on Trevor’s influence on private international law, the work of the Hague Conference, EU law, and LSE.

This event is open to all, subject to capacity, but registration is required. Please follow this link for more information about the event, including programme and registration.

On 19 and 20 October 2023, the Academic Research Federation “Europe in Change” (University of Strasbourg) is organising a Symposium on Reparation for “Crimes of the Past” (Réparer les “crimes du passé) under the scientific coordination of Bénédicte Girard, Etienne Muller and Delphine Porcheron. The event will be held in French.

A number of presentations will focus on private international law issues, in particular international litigation on public and private liability (e.g., State immunity and private compensation).

Mass crimes, deportations, spoliations, colonial exploitation, slavery… The “crimes of the past” are first known as historical facts. Their protagonists have mostly disappeared; they have been documented by historians; almost all of them are mentioned in school textbooks. They have become part of our collective memory as disastrous episodes of a bygone past.

And yet, decades later, claims for reparation are initiated. Individuals and groups who have been materially, socially or psychologically affected by these events are turning to justice. They expect not just symbolic recognition, but genuine reparation for their losses, compensation for their suffering, and restoration of their social status.

But are State courts capable of responding appropriately to these claims? Are the law and litigation practice capable of delivering justice? What other institutional mechanisms can be implemented to this end?

These are the questions that the speakers at this symposium will attempt to answer, combining legal, historical and philosophical approaches by looking successively at “Jurisdictional avenues of reparation” (Part I) and “Alternative avenues of reparation” (Part II).

The list of speakers and chairpersons includes : Magalie Bessone, Jean-Sébastien Borghetti, Nicolas Chifflot, Marc Del Grande, Peggy Ducoulombier, Gabriel Eckert, Michel Erpelding, Etienne Farnoux, Samuel Fulli-Lemaire, Antoine Garapon, Bénédicte Girard, Patrick Kinsch, Marc Mignot, Horatia Muir-Watt, Etienne Muller, Dorothée Perrouin-Verbe, Delphine Porcheron, Thibault de Ravel d’Esclapon, Mathieu Soula, Jeanne-Marie Tufféry-Andrieu, Patrick Wachsmann.

For registration and more information, see here. The full programme is available here.

On 21 September 2023 at 17 CET Lex&Forum, in collaboration with Εκδοσεισ Σακκουλα – Sakkoulas Publications, will be holding an online day conference titled Environmental claims in Private International Law.

The webinar aims to shed light on the intersection between environmental claims and private international law.

Charis Pamboukis (Law School of the National and Kapodistrian University of Athens) will chair. Speakers include: Geert Van Calster (KU Leuven), Climate justice litigation and private international law; Ioannis Revolidis (University of Malta), Collective redress in environmental matters: outlooks through the Volkswagen litigation saga; Komninos Komnios (International Hellenic University, Plenary of the Greek Regulatory Authority for Energy (RAE)), The ‘Climate Trial’: Procedural Issues; Elina Moustaira (Law School of the National and Kapodistrian University of Athens (EKPA)), Environmental claims in cross-border insolvency; Vasiliki Marazopoulou (PhD, Lawyer), Climate Change Resolution of Disputes: Identifying Legislative and Regulatory tools in international commercial arbitration.

Registration is free and open until 20 September 2023 at 11 CET.

In order to register for the webinar, click here.

For further information, see here.

The European Association of Private International Law, together with the Department of Law, Economics and Cultures of the University of Insubria (Italy), with the Law Faculty of the University of Murcia (Spain) and the Law Faculty of the Jagiellonian University in Kraków (Poland), is organising the first EAPIL Winter School. This inaugural edition will be devoted to Personal Status and Family Relationships.  

The Winter School will be held on-site in Como, in the wonderful cloister of the Basilica di Sant’Abbondio, from 12 to 16 February 2024. 

The lectures will address recent aspects and new trends regarding personal status and family relationships in cross-border situations. The following topics, among others, will be discussed: the principle of mutual recognition, to the transnational safeguard of human rights in Europe, to the continuity of the status cross-border. Both Hague conventions and EU legislative measures will be examined, under an approach combining theory and practice, and making ample room for interaction with the attendees. 

The lecturers are academics, magistrates and practising lawyers. Among them: Paula Poretti and Mirela Župan (J.J. Strossmayer University of Osijek), Anna Wysocka-Bar (Jagiellonian University in Kraków), Laura Carpaneto (University of Genova), Cristina González Beilfuss (University of Barcelona), Etienne Pataut (University Paris 1 Sorbonne), Javier Carrascosa González (University of Murcia), Silvia Marino (University of Insubria).

The Winter School is aimed at PhD students, young scholars, young practitioners and EU private international lovers!

Participation in the Winter School will additionally provide an opportunity to get in touch with colleagues from all over Europe, make new friends and enjoy the Como Lake! 

The final programme of the Winter School will be available shortly.

For information, please write an e-mail to Silvia Marino at silvia.marino@uninsubria.it.

The Hague Academy of International Law has made known the programme of the winter course on International Law of 2024.

The course will be opened by Yves Daudet (Hague Academy of International Law) with a lecture on Solidarity in International Law.

The general course, titled On the Interface between Public and Private International Law, will be given by Campbell Mclachlan KC (Victoria University of Wellington).

The special courses will be as follows: Ximena Fuentes (University of Chile), Defying Existing International Law as the Starting Point of the Formation of New Customary Law; Patrícia Galvão Teles (Autonomous University of Lisbon) The Advisory Function of International Courts and Tribunals; Maria Gavouneli (National and Kapodistrian University of Athens) Energy in International Law; August Reinisch (University of Vienna) The Settlement of Disputes Involving International Organizations; Ben Saul (University of Sydney) The Special Regime of International Counter-Terrorism Law; Santiago Villalpando (Office of United Nations Educational, Scientific and Cultural Organization – UNESCO) The Practice of the Law of Treaties since the Vienna Convention.

The directors of studies will be Fuad Zarbiyev (Geneva Graduate Institute) for the English-speaking section, and Paula Wojcikiewicz Almeida (Getulio Varga Foundation Law School in Rio de Janeiro) for the French-speaking session.

All applicants are required to register online. A limited amount of scholarships is available. Registration period for full fee applicants is between 1 May 2023 and 1 October 2023. Selected attendees of the Winter Courses will also be able to participate in the doctoral networking sessions coordinated by Daniëlla Dam-de Jong (Leiden University), additional afternoon lectures, embassy visits, social activities,  and to register for an exceptional event: the “Hours of Crisis Simulation Exercise. The competition will be conducted in English only.

More information on the Academy’s programmes may be found here.

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’ Foscari), David Pavot (Univ. Sherbrooke), Mathias Audit (Univ. Panthéon-Sorbonne), Juliette Morel-Maroger (Univ. Paris Dauphine), Jérôme Chacornac (Univ. Paris Panthéon-Assas), Hélène Tissandier (Univ. Paris Dauphine), Victor Grandaubert (Univ. Paris Nanterre), Renaud Salomon (Cour de cassation).

The videos of the conference of the various sessions of the conference are freely available and can be accessed here.

The authors of this post are Bernadette Boehl, Sophie Dannecker, Larissa Grundmann, Maira Gabriela Nino Pedraza (all University of Bonn). A series of webinars took place in May 2023 under the title The Future of Cross-Border Parenthood in the EU – Analysing the EU Parenthood Proposal. Experts from various Member States discussed the main elements of the proposal and possibilities for improvement. The key issues addressed  in  each webinar are illustrated  below. Those interested in the PowerPoint presentations prepared by the speakers, are invited to follow this link


Session One

The first webinar (3 May 2023) started with a presentation by Jens Scherpe about Surrogacy in comparative perspective. 

Scherpe emphasized the impossibility of avoiding surrogacy as a worldwide phenomenon, hence the global surrogacy market which affects people on an international level.  He classified the jurisdictions into three categories. The jurisdictions that prohibit (e.g., France, Germany), tolerate (e.g. England), and regulate surrogacy.

For Scherpe, surrogacy tourism is a consequence of the prohibitive as well as the tolerant approach to surrogacy. Surrogacy plays an important economic role. It can be a multi-million-dollar business. This is especially true in countries whose jurisdictions follow a free market approach, such as some Canadian provinces, which could be described as “Rolls Royce” jurisdictions. This allows the intended parent to be recognised on the birth certificate from the outset. Countries that allow surrogacy in a way that the intended parents can be documented on the birth certificate beforehand but leave the process more or less unregulated tend to be attractive to a lot of people from prohibitive or tolerant countries. Those “Wild-West” jurisdictions, as Scherpe calls them, are much cheaper for future parents. But as a matter of fact, they are less protective of the surrogate and of children, and exploitation may occur. According to Scherpe, the achievement of the seemingly morally better approaches, the prohibitive and the tolerant, has the effect of exporting exploitation to those countries.

After signaling the experiences of countries like England and Denmark, the speaker concluded that both models, the prohibitive and the tolerant, have failed to prevent surrogacy by not recognising parenthood. In fact, a clear regulation is necessary and unavoidable and could solve some of the legal problems. He ends with the prediction that good regulation will not wipe out all exploitation in surrogacy matters but will, with no doubt, reduce the number of cases drastically.

Afterwards, Cristina González Beilfuss introduced the Parenthood Proposal and explained in her presentation (What’s in it? The subject matter, scope and definitions) four of the most important issues regarding the scope of the proposal.

(1) The substantive scope of the proposal is described in Article 1. “jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-Border situations”. To understand parenthood is also to be seen from a sociological perspective, the definition in Article 4 can be used. Beilfuss expresses her sympathy with the term used in the Spanish draft, which is not “parentalidad” but “filiación” because it puts the child in the center of the law. Filiation should also be the preferred term in the English version, since it is a more child-centered concept than parenthood. For González, the contestation of parenthood, which is included, should have a more significant role in the proposal.

(2) Following the traditional practice of the European Commission, Article 3 defines the scope of application in a negative way. This Article confirms that the Proposal focuses on the bond of filiation but not on its consequences (Articles 3, 2. (b), (f) or (g)). Parental responsibility is not covered and should be consistently distinguished from filiation.

(3) Among the excluded matters is the existence, validity or recognition of a marriage. Marriage, however, regularly arises as a preliminary question in filiation matters. This is due to the significance of the mother´s civil status in establishing  a second child-parent relationship. It would therefore be important that the Regulation included a common rule on the preliminary question in order to ensure that it is solved uniformly across the Member States.

(4) Another exclusion that is problematic is that of adoption. The English text is more correct than the French or the Spanish.  Only intercountry adoptions, e.g. adoptions where the child is taken from their country of habitual residence to the country of habitual residence of those adopting are excluded, The Proposal is however wrong in assuming that all other adoptions are domestic adoptions that do not give rise to Private international questions. Whenever the child or the prospective adopters hold a foreign nationality there is a need to determine jurisdiction and the applicable law. The rules proposed are not well suited for adoption cases.

(5) The proposed rules only apply to the recognition or, as the case may be, acceptance of documents issued in a Member (see Article 3.3). Documents, in particular, birth certificates may however be issued after the recognition or acceptance of a decision or document issued in a Third State. This entails that the dividing line between Third State and European Union cases is far from clear.

In conclusion, the examination conducted by Cristina González Beifuss, as well as the questions left open, highlights the need for further discussion about the Proposal from the European Commission.

Session Two

The second webinar (10 May 2023) opened with a look at EU Primary law and a presentation by Susanne Gössl titled The EU Proposal and primary EU law: a match made in heaven?

The presentation started with an overview of the case law of the CJEU regarding the free movement of citizens (Article 21 TFEU), Article 18 TFEU (discrimination on grounds of nationality) and Article 20 (EU citizenship) in questions of status. According to that case law, a limping status constitutes an obstacle to the free movement of EU citizens and EU primary law requires the Member States to remove the obstacle.

To avoid a limping status, courts need to recognize at least parts of a status validly established in another EU Member State. The EU has two possibilities to legislate: harmonization of substantial law (as happened in Company Law) and the harmonization of private international law which is the approach the EU has taken in family law matters. The Proposal follows the second path and transforms the CJEU case law into EU secondary law.

In that reading, Article 2 of the Proposal (relationship with other provisions of Union law) seems mysterious, as EU primary law is at another level of hierarchy than EU secondary law.

One reading could be that the provision allows Member States to give more room to free movement if the national law is more generous than the proposal. Another interpretation could be that the Proposal does not understand itself as exhaustive in transforming the case law into secondary law. The latter could be the case if the scope of application does not extend to situations where EU citizens are not domiciled and therefore not registered in a Member State. They would fall under EU primary law as EU citizens but not under the proposal.

Furthermore, Gössl criticized Article 17 para. 2 (applicable law) as it contains alternative connecting factors and discretion to the court in case the main rule does not establish two parents. Discretion of the court means that EU primary law could give an obligation to recognize as father an EU citizen no matter whether this is in the best interest of the child. Finally, it remains unclear whether the conflict of laws rules of the proposal can be used in EU Member States to accept a status if they use the method of “recognition via conflict of laws”.

In Sahyouni I & II, the CJEU rejected the use of Rome III for such a national method. It would enhance the free movement of citizens if the Parenthood Proposal allowed Member States to use the Proposal for that way of acceptance. At least a clarification would be helpful.

In this order of ideas, the relationship between the draft and European private law is, for Gössl, not a match made in heaven, but at least a match.

Afterwards, Tobias Helms talked about The law governing parenthood: are you my father?.

Helms emphasized in advance that the initiative of the European Commission is to be welcomed. However, there would still be room for improvement in detail. During his presentation, Tobias Helms mainly analysed Article 17 of the Proposal.

The primary connecting factor for the establishment of parenthood is, according to para. 1, the law of the state in which the person giving birth has their habitual residence at the time of birth. As Tobias Helms pointed out, this connecting factor would be particularly friendly to surrogate motherhood. However, the connecting factor is unchangeable because it is fixed forever at the time of birth, which is problematic. Therefore, Article 17 para. 1 of the draft should be applied only with regard to the time of the child’s birth; thereafter, the child’s habitual residence should be decisive.

Also, Article 17 would have to be supplemented by establishing an Article 17a concerning the termination of parenthood. Additionally, a new Article 18a should be introduced regarding adoptions. An extra Article 22a could deal with overriding mandatory provisions.

Session Three

The third webinar (17 May 2023) started with a presentation by Alina Tryfonidou on The mutual recognition of decisions under the EU Proposal: much ado about nothing?

Tryfonidou provided an overview of the EU provisions regarding the recognition of decisions concerning parenthood. The provisions broadly follow the approach of other EU private international law regulations in the field of family law.

Article 4 of the proposal defines court and court decisions. The definitions are more abstract than those used in other EU private international law provisions in family law. Therefore, further clarification is desirable. The EU proposal is only applicable to cases with cross-border elements between member states. Decisions in third-party states are excluded from the scope of the application (Article 3(3)). Recognition of those decisions remains a question of national law. Children subject to decisions in third states are at least protected by the ECHR.

The central provision regarding the recognition of decisions is Article 24(1). It states that a court decision on parenthood given in a Member State shall be recognized in all other Member States without any special procedure being required. Article 24(3) allows the court to determine the issue where the recognition of a court decision is only raised as an incidental question.

Article 26 specifies the documents to be produced for recognition of a decision. The required attestation is supposed to enable the authority to determine whether there are grounds for refusal. The exhaustive list of such grounds is laid down in Article 31(1). The most famous ground allows the refusal if the recognition is manifestly contrary to the public policy of the Member State in which recognition is sought. The provision must be applied in observance of fundamental rights and principles laid down in the CFR. Articles 32 and 25 regulate applications for the refusal of recognition or the decision that there are no grounds for the refusal of recognition.

The next presentation was given by Maria Caterina Baruffi on Who decides on parenthood? The rules of jurisdiction.

Baruffi started by referring to the heavy criticism aimed at the proposal. Although she admitted that some of these criticisms are partly justified, she emphasized the positive aspects, namely the protection of children and fundamental rights.

The general system of jurisdiction is laid down in Article 6 of the proposal. It lists six grounds for jurisdiction alternatively. That allows for additional flexibility and facilitates access to justice.

On the other hand, a different approach may have reduced the possibility of parallel proceedings and forum shopping. Article 7 combines the presence rule with these grounds. According to recital 42, this is supposed to allow the courts to exercise jurisdiction regarding third-country national children. Article 8 states that where no court of a Member State has jurisdiction pursuant to Articles 6 or 7, jurisdiction is determined by national law. Article 9 adds the forum necessitatis rule. Articles 6 to 9 could be called exorbitant when combined. The reference to the national law of member states in Article 8 creates the additional possibility of taking recourse to exorbitant rules of jurisdiction in national law. However, the broad approach further facilitates access to justice and protects children’s fundamental rights.

Following this, Maria Caterina Baruffi briefly introduced Articles 10 and 14 which mirror the Brussels IIb Regulation, Article 15 which specifies the child’s right to be heard. She then touched on the child’s right to know its origin. This right was excluded from the proposal. Maria Caterina Baruffi argued that the Union does not have the competence to include such a right. It is not possible to predict the outcome of the proposal. It is a good starting point for a reasonable solution.

Session Four

The last webinar started with Patrick Wautelet who talked about Authentic documents and parenthood: between recognition and acceptance.

Wautelet discussed the recognition of court decisions in another Member State (Chapter IV, Section 1-2) together with the acceptance of other authentic instruments with either binding legal effect (Chapter IV, Section 3) or those with no binding legal effect (Chapter V) in the Member State of origin.

The most critical point of the proposal regarding Chapters IV and V is the distinction between the authentic instruments with binding or no binding legal effect since the question of whether an instrument has legally binding effect or not is a matter for the national law of the Member State in which the instrument was issued. It may therefore be answered differently in each Member State.

Wautelet illustrated the difficulties which this diversity may cause with an example from practice: when a child is born in France to married parents, the birth certificate drawn up must, of course, be regarded as an authentic instrument. Whether it also has a “binding legal effect” must be determined according to French family law. This question must be answered differently in France regarding maternity and paternity. However, this does not apply equally to every Member State, which means the question which category is relevant may not be answered in general for all birth certificates.

In the presentation and the following discussion, it was underlined that drawing the line between authentic instruments with binding and no binding legal effect can be complex, not least regarding other existing family arrangements (same-sex parenthood).

Furthermore, it was suggested that the terms used in the Proposal lack precision: even if an authentic act has a binding legal effect, it may be that it is not completely binding, as it may be amenable to challenge. The  term ‘no legal binding effect’ suggests further that the instrument is not legally effective although it actually is. Those labels are therefore confusing and should either be reconsidered or at least explained further. His preferred choice is to not differentiate between the two categories but to merge the two.

Another topic was the acceptance of authentic instruments with no binding legal effect, as stated in Article 45 of the Proposal. There are two options for an evidentiary effect of those documents: the text may provide that the effects the original instrument has in the Member State of origin will be extended to other Member States (“same evidentiary effects”). Article 45, however, also includes another possibility, i.e. that an instrument be giventhe “most comparable effect”. Understand the evidentiary effect exiting in the state of origin requires extensive and difficult work. Patrick Wautelet proposes simplifying the Regulation with regard to the comparable effect by striking it out.

To conclude, the speaker presented four points to be considered for further reflection. Firstly, it is important to work on the language, ensuring that all terms are clearly defined. Secondly, the alternative rules for acceptance and the relationship with public policy need to be cleared. Thirdly, it is advisable to merge the two categories of authentic instruments, which should help avoid confusion or ambiguity in their application. Finally, he would like to strive for a less complex regulation – not at least to keep the users in mind.

The very last presentation, given by Ilaria Pretelli, concerned The European certificate of Parenthood: a passport for parents and children?.

The last presentation refers to Chapter VI of the proposal and the creation of a “European Certificate of Parenthood”. The certificate is supposed to make a binding presumption of the status, which results only from the certificate itself. This certificate may not make a decisive difference in numerous cases because birth certificates are widely accepted even today. But especially for cases of co-maternity, it will help with an easier recognition of co-maternity and support same-sex couples by setting a reliable framework. Additionally, this framework will be useful regarding contractual arrangements, such as surrogacy. It eliminates the risk of the child being stateless.

The similarity between the proposed “European Certificate of Parenthood” and the “European Certificate of Succession” regarding the presumption of status should not be seen as extensive as it may seem at first sight. The presumption of the status of parenthood stated by Article 53 para. 2 of the proposal differs not in the wording but in the meaning, from the presumption of status regulated by the Certificate of Succession (Article 69 para. 2). According to Ilaria Pretelli there is a huge difference in the meaning of the “presumption of status” as it is used by the proposal, because of how it can be challenged. The granted status by the proposal states a much stronger binding effect than the certificate of succession. This she concludes from seeing the explanatory memorandum, which stresses the evidentiary effects of established parenthood in another Member State. But she suggests that this matter should be clarified because of the identical and therefore misleading wording. She points to the unanswered question about the possibility of challenging the certificate by another Member State as a main problem in the proposal.

Also, Ilaria Pretelli explained the background of the numerous specifications of the certificate’s content. The purpose of those elaborate regulations is to prevent attempts of manipulation. In this respect, the rights of the child should be more in the focus of the regulations, especially the right of the child to know their origin. To do so, appropriate safeguards could be introduced by means of ad hoc rules specially designed to meet the need of pursuing the best interests of the child.  In this matter, she points out that the language of the whole proposal is not focused enough on the child. She suggests to change the wording of the English version of the proposal, e.g. “filiation” instead of “parenthood”.

“Wishes” of the Organisers of the Series of Webinar

At the end of the seminar, the five organizers of the Webinars concluded the last session by expressing their “wishes” for improvement of the proposal.

These wishes were:
– Further definition of the concept of Court (Cristina Gonzalez Beilfuss);
– If the Regulation keeps the distinction between 2 types of authentic acts, that Member States and the Commission find a better way to distinguish them (Patrick Wautelet);
– Restrict the existing rule on the applicable law to designating the applicable law at the time of birth and find other rules for the time after birth (Tobias Helms);
– Introduce safeguards to prevent child-trafficking or exploitation (e.g. right of the child to know their origins or rules as those preventing illegal adoptions) (Ilaria Pretelli);
– Define the concept of “establishment” of parenthood in cases parenthood is established by the law and not by courts or authentic acts with binding effect (Susanne Gössl).

The University of Kiel will host a conference on EU Insolvency Law and Third Countries: Which Way(s) Forward? on 26-28 October 2023. A special forum for young scholars is scheduled to take place on 26 October 2023 .

The conference is part of a coordinated research project on this topic endorsed by Uncitral and conducted in cooperation with representatives of the European Commission and the Hague Conference on Private International Law.

The goal of the conference, and of the underlying research project in general, is not so much to analyse the law as it stands today, but to discuss ideas how to further develop rules on coordination of EU insolvency law with insolvency law or insolvency proceedings in non-EU countries (e.g. the UK, Switzerland, the US, China and others).

The conference will be organized in a hybrid format, in presence in Kiel and online via Zoom. The deadline for registrations for the conference is 1 October 2023. The deadline to propose papers for oral presentations is 31 July (15 September for the Young Researchers Forum).

Further info on the project and the conference is available here.

Queries can be addressed to the organisers of the conference, Alexander Trunk and Jasnica Garašić, at office-eastlaw@law.uni-kiel.de or at intins@law.uni-kiel.de.

The Institute of International Shipping and Trade Law is organising its 18th annual colloquium on 6 and 7 September 2023 in Swansea. The topic of the event this year is on Commercial Disputes- Resolution and Jurisdiction.

Delegates can attend both in person and online. Early bird registration is available by the end of June.

The list of speakers and chairpersons confirmed includes Masood Ahmed, Simon Baughen, Michael Biltoo, William Blair, Ruth Hosking, John A. Kimbell KC, Monica Kohli, George Leloudas, Aygun Mammadzada, Karen Maxwell, Francesco Munari, Brian Perrott, Marta Pertegas Sender, Richard Sarll, David Steward, Andrew Tettenborn and Patricia Živković.

For registration and further info, see here.

In June 2022, this blog posted about a joint webinar between the Singapore-based Asian Business Law Institute (ABLI) and the Permanent Bureau of the Hague Conference on Private International Law (HCCH) on the Choice-of-Court and Judgments Conventions. The two organizations return this year with their third joint session, this time on the 1965 Service Convention. ABLI has been engaging in work related to judgments recognition and enforcement in Asia for some time.

Titled Cross-border Commercial Dispute Resolution – HCCH 1965 Service Convention, the webinar will take place on 27 June 2023 between 4 to 5:10pm (Singapore time) or 10 to 11:10am (CEST), and is expected to discuss, among others, the actual operation of the Service Convention in practice, how the Service Convention works with the other HCCH Conventions for cross-border dispute resolution, and Singapore’s accession to and upcoming implementation of the Service Convention.

Invited speakers include Sara Chisholm-Batten (Partner, Michelmores LLP), Melissa Ford (Secretary, HCCH), Delphia Lim (2Director, International Legal Division, Ministry of Law, Singapore), Professor Yeo Tiong Min (Singapore Management University), and Professor Yun Zhao (University of Hong Kong and Representative of Regional Office for Asia and the Pacific, HCCH).

For more information or to register, click here. Queries about the webinar can be directed to ABLI at info@abli.asia.

Registration is open for the 9th Journal of Private International Law Conference.

The conference will be held on 3 to 5 August 2023 at the Yong Pung How School of Law at the Singapore Management University. The keynote address will be delivered by Philip Jeyaretnam, President of the Singapore International Commercial Court.

The deadline for speakers to register is 30 May 2023. The deadline for other registrants is 25 June 2023.

Registration is complimentary for speakers, Journal of Private International Law editorial board members and SMU faculty, staff and students. Preferential rates apply for academics, government officials, SMU alumni and non-SMU students – register with your institutional e-mail to enjoy the preferential rate.

More information, including the draft programme and link to register, can be found here.

A Summer School on Cross-border litigation and international arbitration will take place between 17 and 22 July 2023 both on-site at the Ravenna Campus of the University of Bologna and on-line, under the direction of Michele Angelo Lupoi (University of Bologna) and Marco Farina (LUISS, Rome).

The course will address a broad range of issues relating to transnational litigation, as they arise in contexts as diverse as climate change litigation, commercial and maritime litigation, and family and succession disputes. International arbitration will also be covered.

The lecturers include Apostolos Anthimos, Giovanni Chiapponi, Elena D’Alessandro, David Estrin, Francesca Ferrari, Chris Helmer, Albert Henke, Emma Roberts, Marco Torsello, Stefano Alberto Villata, and Anna Wysocka-Bar.

The Summer School is aimed at law students as well as law graduates and practitioners.

Registrations are open until 6 July 2023. Further information are found here.

As noted earlier on this blog, on 24 May 2023, from 6 pm to 8 pm CEST, the forth and last webinar of the series that has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal will take place. The webinar, chaired by Steve Heylen, will deal with the following relations:  Authentic documents and
parenthood: between recognition and acceptance
(Patrick Wautelet), and The European certificate of Parenthood: A passport for parents and children? (Ilaria Pretelli).

Those wishing to attend have time until 23 May 2023 at noon to register. The registration form is available here.

Registered participants will receive the details to join the webinar by e-mail (please note the e-mails with these details occasionally end up in the spam folder).

The updated and final version of the program is available here.

On 30 June 2023, the second edition of the Austrian Private International Law Workshop will take place in Innsbruck. The organisers cordially invite all interested researchers and practitioners to participate and register via evip@uibk.ac.at. Participation is free of charge. The workshop will be conducted in German and will consist of two sessions, chaired by Florian Heindler and Andreas Schwartze, respectively.

Presentations will discuss, inter alia: Current trends in the case law of the CJEU on conflict of laws (Marlene Brosch, ECJ); The EU Succession Regulation and the Austrian Supreme Court – where it should have applied for a preliminary ruling (Gottfried Musger, Austrian Supreme Court); Parent in one country, parent in every country: The proposal for an EU Parenthood Regulation (Martina Melcher, University of Graz); International enforcement of legal rules on social networks (Brigitta Lurger, University of Graz); The corporation seat theory between connecting factor and domestic nexus (Chris Thomale, University of Vienna); Crypto assets in private international law (Matthias Lehmann, University of Vienna/Radboud University Nijmegen).

A forum chaired by Bernhard A. Koch (University of Innsbruck) and Simon Laimer (University of Innsbruck) on the the most pressing challenges for private international law in the coming years and decades will conclude the event.

The updated and final version of the program is available here.

As noted earlier on this blog, on 17 May 2023, from 6 pm to 8 pm CEST, the third webinar of the series that has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal will take place. The webinar, chaired by Nadia Rusinova, will deal with the following relations: The mutual recognition of decisions under the EU Proposal: much ado about nothing? (Alina Tryfonidou), and Who decides on parenthood? The rules of jurisdiction (Maria Caterina Baruffi).

Those wishing to attend have time until 16 May 2023 at noon to register. The registration form is available here.

Registered participants will receive the details to join the webinar by e-mail (please note the e-mails with these details occasionally end up in the spam folder).

The form, then, will remain open for registration for the last webinar of the series.

The updated and final version of the program is available here.

As noted earlier on this blog, on 10 May 2023, from 6 pm to 8 pm CEST, the second webinar of the series that has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal will take place. The webinar, chaired by Fabienne Jault-Seseke, will deal with the following relations: The EU Proposal and primary EU law: a match made in heaven? (Susanne Gössl), and The law governing parenthood: are you my father? (Tobías Helms).

Those wishing to attend have time until 9 May 2023 at noon to register. The registration form is available here.

Registered participants will receive the details to join the webinar by e-mail (please note the e-mails with these details occasionally end up in the spam folder).

The form, then, will remain open for registration for the subsequent webinars of the series.

The updated and final version of the program is available here.

The Special Interest Group on Family and Succession Law of the European Law Institute invites everyone interested to participate in the webinar titled Application of the EU Succession Regulation in the Member States.

The webinar will present the results gathered during the five webinars on the application of the EU Succession Regulation in the Member States organized in 2022 ( which EAPIL blog covered here).

The webinar will take place on 15 May 2023 between 3 and 5 pm CET.

Attendance is free of charge. A Zoom link will be sent to those who register by sending an e-mail to: zivilrecht@uni-graz.at.

As noted earlier on this blog, on 3 May 2023, from 6 pm to 8 pm CEST, the first webinar of the series that has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal will take place. The webinar, chaired by Claire Fenton-Glynn, will deal with the following relations: Surrogacy in comparative perspective (Jens Scherpe), and The EU Proposal on Parenthood: What’s in it? Subject matter, scope and definitions (Cristina González Beilfuss).

Those wishing to attend have time until 2 May 2023 at noon to register. The registration form is available here.

Registered participants will receive the details to join the webinar by e-mail (please note the e-mails with these details occasionally end up in the spam folder).

The form, then, will remain open for registration for the subsequent webinars of the series.

The updated and final version of the program is available here.

The Swiss Institute of Comparative Law in Lausanne will host its 34th Private International Law day on 1 June 2023, under the title Personal Identity and Status Continuity – A focus on Names and Gender in the Conflict of Laws.

The event continues a series inaugurated last year with two webinars on filiation and same-sex marriage, respectively.  The programme and materials of those webinars can be found here and here (under media & fichiers).

The three panels are co-organised with ELI special interest group on family and succession law.

The day before the conference, a special side event organized by the Institute with the collaboration of Walter Stoffel, University of Fribourg, and Lucie Bader, film and media scholar, Bern, will introduce the topic of Law and Gender.

More details here.

Within the framework of the Jean Monnet Module “CoRiMaR” (2020-2023), the University of Udine, in cooperation with a consortium of European universities, now including University of Essex , De Montfort University, Universitatea de Vest din Timisoara, East Anglia University, University of Rijeka, University of Belgrade and University of Szeged, organizes the 16th edition of the Summer School on Consumer’s Rights and Market Regulation in the European Union, to be held 12-21 July 2023 in Udine.

The 2023 Summer School will consist of 40 hours of lectures, a workshop and a moot court. It aims to provide a comprehensive training on the legal discipline of consumer protection and market regulation in the European Union Law, with a particular reference to digital technologies, the following relevant aspects: consumer protection and empowerment; private international law; dispute resolution and redress; market regulation.

The call for application and the brochure are respectively available here and here.

The application deadline is 31 May 2023.

For further info, please write an email to ip.europeanlaw.uniud@gmail.com.

As announced on this blog, the IX Congress of Private International Law of the University Carlos III of Madrid will take place on 4 and 5 May 2023.

It will be devoted to the Proposal for a Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood, presented by the European Commission on 7 December 2022.

The speakers include: Esperanza Castellanos Ruiz, Juliana Rodríguez Rodrigo, Ilaria Pretelli, Estelle Gallant, Antonia Durán Ayago, María José Castellanos Ruiz, Aurora Hernández Rodríguez, Javier Carrascosa González, Asunción Cebrián Salvat, Isabel Lorente Martínez, Fabrizio Marongiu Buonaiuti, Emelina Santana Páez and Alfonso-Luis Calvo Caravaca.

The programme and further information are available here.

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 at the Cour de cassation in May 2021.

A summary of the conference is available on the website of the court in French and in English.

The University of Urbino will host on 17 May 2023 a conference on the international aspects of the Digital Services Act (DSA) in a hybrid way.

The speakers include Marie-Elodie Ancel, Basile Darmois, Federico Ferri, Valère Ndior, Edoardo Alberto Rossi, Massimo Rubechi and Maria Isabel Torres Cazorla.

For registration and the full programme, see here.

For further info, write an email at edoardo.rossi@uniurb.it.

The Institute of International Shipping and Trade Law (Swansea University) and UCL Centre for Commercial Law have joined forces to organise a day event on 19 April 2023 at the UCL Faculty of Laws in London. The conference is devoted to a very contemporary topic with the objective of generating debates that can inform policy making and future direction of law and regulation in the green transition of the shipping industry.

Session chairs include Michael Biltoo and Cathal Leigh-Doyle. The list of speakers includes Lia Amaxilati, Lia Athanasiou, Simon Baughen, Gabriel Castellanos, Grant Hunter, Jolien Kruit, Alicia Mackenzie, Aygun Mammadzada, Melis Ozdel, Tristan Smith, Sam Strivens, B. Soyer, Andrew Tettenborn, Vibe Garf Ulfbeck and Haris Zografakis.

For further info on the conference, and in order to book your place, see here.

As announced on this blog, a series of webinar has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal to discuss the issues that surround the proposal of the European Commission for a Regulation dealing with the private international law of parenthood (COM (2022) 695 final).

Registrations are now open through the form available here.

Each webinar will start at 6 pm and end at 8 pm CEST, and will focus on two topics, each presented by one expert, who will discuss the content of the proposal and examine the questions and possible improvement it raises. There will be ample room for discussion.

The programme of the series is as follows:

  • 3 May 2023, webinar chaired by Claire Fenton-Glynn: The EU Proposal on Parenthood: lessons from comparative and substantive law (Jens Scherpe), and What’s in it? Subject matter, scope and definitions (Cristina González Beilfuss)
  • 10 May 2023, webinar chaired by Fabienne Jault-Seseke: The EU Proposal and primary EU law: a match made in heaven? (Susanne Gössl), and The law governing parenthood: are you my father? (Tobías Helms)
  • 17 May 2023, webinar chaired by Nadia Rustinova: The mutual recognition of decisions under the EU Proposal: much ado about nothing? (Alina Tryfonidou), and Who decides on parenthood? The rules of jurisdiction (Maria Caterina Baruffi)
  • 24 May 2023, webinar chaired by Steven Heylen: Authentic documents and parenthood: between recognition and acceptance (Patrick Wautelet), and The European certificate of Parenthood: a passport for parents and children? (Ilaria Pretelli)

The series of webinars is organized by Cristina González Beilfuss (Universitat de Barcelona), Susanne Gössl (Universität Bonn), Ilaria Pretelli (Institut Suisse de Droit Comparé), Tobias Helms (Universität Marburg) and Patrick Wautelet (Université de Liège) under the auspices and with the support of EAPIL, the European Association of Private International Law.

Attendance is free, but prior registration is required.

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 panels that will debate the impact of the blockchain, the metaverse and Web3 technologies on the fundamentals of arbitration and explore how arbitration practitioners and arbitration institutions have to adjust to stay relevant.

The blockchain, the Metaverse, and Web3 have become part of the conversation in the arbitration community, but few understand their true significance and potential impact. That is why this conference aims to explore how these technologies will transform arbitration and how practitioners and institutions can adapt to stay relevant.

The questions to be addressed are:

  • Blockchain: what is it and (why) should the arbitration community care?
  • Metaverse: what is it and (why) should the arbitration community care?
  • Bringing down the house: How a new architecture (may) affect the fundamentals of arbitration
  • A role and place for lawyers: Is the legal market prepared for this new dispute resolution constellation?
  • Arbitration institutions in an era of decentralized spaces: on the cutting edge (or falling off)?

Additionally, UNCITRAL will present its insights and work in the area of blockchain and arbitration.

The list of confirmed speakers includes Mihaela Apostel, Pedro Arcoverde, Elizabeth Chan, Paul Cohen, Dirk De Meulemeester, David Earnest, Elizabeth Zoe Everson, Anna Guillard Sazhko, Wendy Gonzales, Emily Hay, Cemre Kadioglu Kumptepe, Crenguta Leaua, Matthias Lehman, Niamh Leinwather, Aija Lejniece, Maud Piers, Colin Rule, Sean McCarthy, Sophie Nappert, Ekaterina Oger Grivnova, Pietro Ortolani, Amy Schmitz, Takashi Takashima, David Tebel, Leandro Toscano, and Dirk Van Gerven.

The conference will take place at Ghent University (Belgium). Additional details related to the event and the speakers can be found here.

For registration, information can be found here.

The European Commission has published in December 2022 an ambitious proposal for a new Regulation dealing with the private international law of parenthood (COM (2022) 695 final).

With this proposal, the EU could for the first time adopt a private international law instrument dealing with the creation (and not only the effects) of a family status. While both the CJEU and the ECtHR have somewhat limited the freedom enjoyed by States faced with parenthood established abroad, there is not yet any precedent of an international instrument dealing with all issues arising when parenthood crosses national borders.

The proposal is currently being discussed in the Council, with the assistance of the Commission. There is no guarantee that a Regulation will effectively be adopted. Nor is it possible to tell at this stage how much a future Regulation will deviate from the proposal.

The proposal raises, however, many intriguing questions which are likely to trigger an intense debate. It offers a unique opportunity to discuss the private international law treatment of parenthood with a special focus on the proposal.

During four sessions in May 2023, experts from various Member States will discuss the main elements of the proposal, find weaknesses and possibilities of improvement. Each webinar will start at 6 pm and end at 8 pm CEST, and focus on two topics, each presented by one expert, who will discuss the content of the proposal and examine the questions and possible improvement it raises. There will be ample room for discussion.

The programme of the series is as follows:

  • 3 May 2023, webinar chaired by Claire Fenton-Glynn: The EU Proposal on Parenthood: lessons from comparative and substantive law (Jens Scherpe), and What’s in it? Subject matter, scope and definitions (Cristina González Beilfuss)
  • 10 May 2023, webinar chaired by Fabienne Jault-Seseke: The EU Proposal and primary EU law: a match made in heaven? (Susanne Gössl), and The law governing parenthood: are you my father? (Tobías Helms)
  • 17 May 2023, webinar chaired by Nadia Rustinova: The mutual recognition of decisions under the EU Proposal: much ado about nothing? (Alina Tryfonidou), and Who decides on parenthood? The rules of jurisdiction (Maria Caterina Baruffi)
  • 24 May 2023, webinar chaired by Steven Heylen: Authentic documents and parenthood: between recognition and acceptance (Patrick Wautelet), and The European certificate of Parenthood: a passport for parents and children? (Ilaria Pretelli)

The series of webinars is organized by Cristina González Beilfuss (Universitat de Barcelona), Susanne Gössl (Universität Bonn), Ilaria Pretelli (Institut Suisse de Droit Comparé), Tobias Helms (Universität Marburg) and Patrick Wautelet (Université de Liège) under the auspices and with the support of EAPIL, the European Association of Private International Law.

A post on this blog will announce the opening of registrations in mid-April 2023 and provide further details.

For inquiries, please contact sgoessl@uni-bonn.de.

The issues surrounding the possible extension of the rules of jurisdiction in the Brussels I bis Regulation to non-EU domiciliaries will be discussed at a conference that will take place in Turin on 3 May 2023.

The topic formed the object of the third project of the EAPIL Young Research Network, which resulted in a collection of essays due to be published in the coming weeks by Bloosmbury. One of the purposes of the Turin conference is to present the results of that project.

Speakers include Marisa Attollino, Silvia Bortolotti, Raffaele Caterina, Stefano Dominelli, Pietro Franzina, Enrico Maggiora, Ennio Piovesani, Margherita Salvadori and Dora Zgrabljić Rotar.

The conference will be held mostly in Italian. Both on-site and on-line attendance are possible. Those wishing to attend remotely should write to Ennio Piovesani at ennio.piovesani@unito.it.

For further information see here.

A conference on the codification of European private international law will take place on 21 April 2023 at the Université Catholique de Louvain. The conference, titled Vers un code Européen de droit international privé, is meant to be a tribute to Marc Fallon.

The working language will be French and English.

Speakers and moderators include: Jean-Yves Carlier, Stéphanie Francq, Pietro Franzina, Cristina González Beilfuss, Fabienne Jault-Seseke, Thomas Kadner Graziano, Catherine Kessedjian, Patrick Kinsch, Thalia Kruger, Paul Lagarde, Johan Meeusen, Marie-Laure Niboyet, Etienne Pataut, Fausto Pocar, Sylvie Sarolea, Andreas Stein, Jinske Verhellen, Pieter-Augustijn Van Malleghem, Melchior Wathelet, Patrick Wautelet, Alain Wijffels, Dai Yokomizo. The concluding remarks will be offered by Marc Fallon.

The concept is as follows.

Why and for what purpose should European private international law be codified? This twofold question will be at the heart of the discussions on April 21, 2023, during a colloquium paying tribute to the remarkable work of Professor Marc Fallon in the fields of private international law and European law, and in particular to his involvement in the Belgian and European codification of private international law.

How did we come to envisage a European codification of private international law? What do we expect from it? Does an EU codification have the same ambitions as national codifications? Do these ambitions not vary according to the place, the time and the context of international constraints imposed on the legislator? Does a codification at the European level, and at the present time, imply specific needs, challenges and consequences, even dangers, for both the national and the European legal orders?

And above all, does it offer new prospects or hopes for the European project and for the discipline of private international law?

The full programme is available here, together with the registration form.

As already announced on this blog, the University of Bonn will host a two-day conference titled The HCCH 2019 Judgments Convention: Cornerstones, Prospects, Outlook, 9 and 10 June 2023.

The event, organised in cooperation with the Permanent Bureau of the Hague Conference on Private International Law, is meant to provide a comprehensive analysis of the Hague Convention of 2 July 2019 on the recognition and enforcement of foreign judgments in civil and commercial matters, and to assess its possible implications in various regions of the world.

Opened by welcome addresses by Matthias Weller (University of Bonn) and Christophe Bernasconi (Secretary General of the Hague Conference on Private International Law), the conference will feature panels  moderated by Moritz Brinkmann, Nina Dethloff, Matthias Lehmann, João Ribeiro-Bidaoui, nd Melissa Ford. Speakers include Xandra Kramer, Wolfgang Hau, Pietro Franzina, Marcos Dotta Salgueiro, Cristina Mariottini, Paul Beaumont, Andreas Stein, Linda J. Silberman, Geneviève Saumier, Ilija Rumenov, Burkhard Hess, Béligh Elbalti, Abubakri Yekini, Chukwuma Okoli, Verónica Ruiz Abou-Nigm, Adeline Chong, Zheng (Sophia) Tang, Ning Zhao, José Angelo Estrella-Faria, and Hans van Loon.

Registrations are still open. Those willing to attend are invited to write an e-mail to sekretariat.weller@jura.uni-bonn.de.

The full programme, together with information concerning the registration fees and other practical aspects, can be found here. See also the conference poster here.

A collection of essays on the Judgments Convention, written by the experts involved in the conference, is due to be published by Bloosmbury in May 2023.

 

It has already been announced on this blog that a conference on The Law of Treaties as Applied to Private International Law is set to take place in Milan, on 5 and 6 May 2023, under the auspices of SIDI, the Italian Society of International Law and EU Law, and EAPIL.

The early bird period, which was initially meant to end on 6 March, has been extended until 20 March 2023. Those registering before the latter date will benefit from a discounted registration fee of 80 Euros (further reduced to 50 Euros for PhD students and those who earned their PhD over the last few weeks).

For more information, and the registration form, see here.

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. The third part will be a round table offering comparative insights from England, Italy and Canada. Finally, the fourth part will discuss the scope of the immunity, with a panel composed of academics and a second panel composed of judges and practitioners.

Speakers will include Philippe Thery, Catherine Kessedjian, Louis Perreau Perreau-Saussine, Juliette Morel-Maroger, Sophie Lemaire, Arnaud De Nanteuil, Louis d’Avout, Duncan Fairgrieve, David Pavot, Mathias Audit, Jérôme Chacornac, Helene Tissandier, Etienne Farnoux, Renaud Salomon, Jérôme Ortscheidt, Guillaume Tapie,  Victor Grandaubert, Francoise Moneger, Gilles Cuniberti, Fabrizio Marrella and Jacques Alexandre Genet.

The full programme of the conference can be found here.

The conference will be held in the context of the 150th anniversary of the International Law Association.

Participation is free, but registration is compulsory.

The INSOL Europe Academic Forum (IEAF) is inviting submission for its 19th annual conference, taking place on 11-12 October 2023 in Amsterdam. Expressions of interest are invited for the delivery of research papers within the overall theme of the academic conference The Perpetual Renewal of European Insolvency Law.

Submissions are welcome dealing, for instance, with (i) Public and social policy and the impact on corporate rescue, and vice versa, (ii) Pre-packs rehabilitated, (iii) Modern issues surrounding directors’ duties to file for insolvency and (iv) EU Preventive Restructuring Directive and European Insolvency Regulation.

Expressions of interest in delivering a paper should be sent by email on or before 1 March 2023 to the IEAF’s Deputy Chair, Dr. Jennifer Gant, at jenniferl.l.gant@gmail.com by using the form available here.

The call for papers is available here. For further information on the conference, see here.

This post has been written by Silvana Canales Gutiérrez, who is a Postdoctoral Researcher at Rovira i Virgili University (Tarragona).


The “First International Seminar on rights in rem in the European Union: General Aspects and International Jurisdiction”, directed by Georgina Garriga (Universitat de Barcelona) and Maria Font (Universitat Rovira i Virgili), took place at the Faculty of Legal Sciences of the Universitat Rovira i Virgili in Tarragona, on 10 and 11 November 2022.

The conference focused on rights in rem, approached from the standpoint of EU private international law (EUPIL) and comparative law, trying to identify the problematic aspects of the “in rem” qualification under the regulatory instruments applicable in the EU (mainly, Regulation (EU) 1215/2012), as well as under Spanish domestic law, owing to the plurilegislative nature of its legal system.

A. The Contents of Rights in Rem from a Comparative Law Perspective

The conference was permeated by an analytical and comparative approach that began with the presentation by Héctor Simón Moreno (Universitat Rovira i Virgili) on “Rights In Rem in Europe: A Comparative Perspective”.  The speaker explained the essential differences in the conception of rights in rem existing in common law and civil law legal systems. He argued that these differences affect the dimension of these rights and directly influence their material content, as well as the ways of acquiring, transmitting, or losing these rights, their effects on third parties and the legal actions for claiming them, which can change from system to system.

In the same line of thought, Francisco J. Garcimartín Alférez (Universidad Autónoma de Madrid) pointed to the difficulties in delineating rights in rem in the EU legal order. These difficulties stem from the uncertainties that surround the definition and the terminology relating to this subject-matter both in the normative instruments and in the case law of the EU. However, the speaker deemed it possible to identify certain “key points” of rights in rem, such as the right of ownership and their enforceability against third parties. It is even possible to shape a relatively consistent general definition of rights in rem: although such exact definition cannot be directly extracted from normative texts, it is possible to identify the essential attributes of these rights, that could help in their characterization.

Eva-Maria Kieninger (Julius-Maximilians-Universität Würzburg), addressed the traditional distinction between rights in rem on movable and immovable property. The speaker explained that the general idea of rights in rem existing only on immovable property can also be extended to movable property, through a legal fiction which portrays them not only as an accessory, but also as an integral part of a piece of land. In this regard, the speaker gave the example of solar panels: according to Dutch case law, if their vocation is to remain in the real estate, they can change their status of movable property and become part of the land where they are located. However, the criterion to determine the legal conversion of movable property into real estate presents difficulties in the EU, taking into account that there are neither proposals for unification of the Member States’ land laws, nor domestic proposals within each State to define or regulate such conversion. To solve this legal vacuum at a global level, UNIDROIT developed a proposal for a convention that was adopted in 2019, the “Protocol to the convention on international interests in mobile equipment on matters specific to mining, agricultural and construction equipment” (MAC protocols), which, as of 20 September 2022, has only been signed by six countries and has been ratified by none.

B. The Contents of Rights in Rem in Plurilegislative Legal Systems

From a comparative perspective, rights in rem can be regulated in different ways, especially when dealing with plurilegislative legal systems. This premise was developed by Ángel Serrano Nicolás (Notary in Barcelona), who presented a comparative analysis of the different legal systems coexisting in Spain to regulate rights in rem. In particular, he explained the differences between the Spanish Civil Code and the foral civil regulations of Catalonia, the Basque Country and Navarra, in relation to legal institutions such as usucapio, surface rights, easements, the right of withdrawal and first refusal, and the right of use and habitation, among others.

In the same line of argument, but from a conflict-of-laws perspective, Albert Font i Segura (Universitat Pompeu Fabra) highlighted the exclusive competence of the State in registry matters. This exclusive competence unifies the access, publicity and regulation of rights in rem, facilitating their homogeneity of treatment despite the diversity existing in the Spanish civil regulations. This diversity impacts, in particular, on the regulation of inter-local conflicts (Basque Country), on the administrative control of the registry qualification, on procedural legislation and on the guarantees of the rights in rem. The application of one regulation or another is not easy to establish and this problem cannot always be avoided by means of an agreement on the applicable law. These legal frictions create an inter-regional conflict of laws that is at least debatable, and which has been the subject of decisions by the Constitutional Court on several occasions.

The analysis of the current situation of rights in rem within this panel revealed that there are different ways of conceiving their constituent elements. At the same time, it is not possible to say that there are currently new rights in rem, which are excluded from the applicable regulations, even where they involve electronic contracting with innvoative elements, such as transactions with cryptocurrencies or 3D property rights.

C. International Jurisdiction

Moving on to the subject of international jurisdiction, specifically on Regulation (EU) 1215/2012, the remaining speakers analyzed the most important aspects of this Regulation, pointing to the problems of application of certain of its articles, the alternative interpretations of some of its provisions and, in some cases, making proposals on how to improve its wording or application to meet its objectives in the light of the new challenges facing EUPIL.

Ilaria Pretelli (Institut Suisse de Droit Comparé) began by explaining that the maxim forum rei sitae applies when it comes to actions related to determining the extent, content, ownership or possession of property. This classic relationship between jurisdiction and the place where the property is located is justified by the fact that, for evidentiary purposes, it is necessary to carry out verifications, investigations and expert opinions in the place where the property is located, provided that the claim involves an assessment strictly linked to such place, in accordance with the doctrine developed by the CJEU. However, as regards mixed actions, these may generate a conflict of jurisdictions when they involve a personal right and a right in rem, taking into account that these actions are predominantly in personam. The fact that the contract in dispute concerns immovable property is irrelevant, the immovable nature of the subject matter of the contract being of marginal importance only (e.g. Case C-417/15). This being so, it may be necessary to reconsider the applicability of the forum rei sitae rule in cases where the main object of the action is the claim of a personal right and not of a right in rem.

Ivana Kunda (University of Rijeka) gave an interesting explanation on the recovery of cultural objects under Regulation (EU) 1215/2012. The speaker explained that cultural objects have a special protection, as they are part of the heritage and history of mankind, which means that they do not theoretically belong to a State, but are goods of interest to the society as a whole. Taking the above into consideration, art. 7.4 of Regulation (EU) 1215/2012, whose intention is to protect cultural objects located in the Member States by establishing a specific forum to recover them, has a limitation that is not in line with the objectives of the special protection needed by  this type of property. In fact, this provision requires both the defendant and the cultural object to be located in the Member States for the Regulation to be applicable. The speaker proposed a change of this provision, modeled on other RBIbis protective fora, in which the defendant is not required to be domiciled in the Member States in order to be sued in the EU. This same model could be replicated for Art. 7.4 of the Regulation.

Cristina González Beilfuss (Universitat de Barcelona) focused on the problematic assimilation (for civil law) of the trust. In English and Anglo-American law, it is not clear whether the trust is a right in rem: while being included within the property right, there is a split between the rights of the beneficiary and those of the trustee. In contrast, in civil law, the property right is absolute, which makes it necessary to adapt the trust. These different understandings of the trust in civil and common law systems have an impact on the determination of international jurisdiction, since it must be established whether it is an action related to a  right in rem, or whether the subject matter of the claim falls under the scope of personal rights. This distinction affects the determination of the forum (Articles 7 and 25 of Regulation (EU) 1215/2012). Additionally, other interpretative doubts arise, concerning, for example, the lack of uniformity and the difficulties in determining the domicile of the trust, or the application of Regulation (EU) 1215/2012 to testamentary trusts (considering that wills are excluded from the scope of application of the Regulation).

Carmen Parra Rodríguez (Universitat Abat Oliba CEU) put forth a proposal for improving Regulation (EU) 1215/2012 as concerns rights in rem over movable property. The speaker remarked that the concept of movable property is not defined in this Regulation, which does not contemplate a specific forum in this respect. Due to this, there are proposals that regard the forum rei sitae as a potential alternative for actions involving movable property, although the mobility of such assets generally makes it difficult to definitively determine the place where they are located. Thus, other fora may be more appropriate to the nature of movable property, such as the defendant’s domicile, the place where the property is registered, the court with the closest ties, or determining jurisdiction by express or implied submission.

Josep Maria Fontanellas Morell (Universitat de Lleida), argued for a relaxation of the exclusive forum of Article 24 of Regulation (EU) 1215/2012. The speaker argued, on the one hand, that the qualification adopted by the CJEU in this respect needs clarification, insofar as it should better delimit the category to distinguish it from other adjacent ones, such as contractual obligations or delictual or quasi-delictual matters. On the other hand, the arguments that justified, at the time, the creation of an exclusive forum should be reconsidered, as they have now partly lost their raison d’être.

D. Future Events

The ideas put forward in the Seminar are the beginning of a debate on the Private International Law of rights in rem, which will continue in the near future. Two other events (open to the general public) on this same subject are scheduled: the first is especially devoted to the perspective of the Spanish and European notary’s office and it will be held (in Spanish) on 13 and 14 June 2023 at the College of Notaries of Catalonia (Barcelona, Spain). The second will be focused on a future instrument on the law applicable to rights in rem. It will take place in 2024 at the University of Barcelona and it will be held entirely in English.

A conference on The Law of Treaties as Applied to Private International Law is scheduled to take place in Milan on 5 and 6 May 2023, under the auspices of the Italian Society of International Law and EU Law (SIDI) and the European Association of Private International Law (EAPIL).

The conference will be opened by two general presentations. Catherine Brölmann (University of Amsterdam) will present the rules of public international law relating to treaties and discuss the manner in which, and the extent to which, they can reflect the specificities of the subject-matter of the treaty concerned. Patrick Kinsch (University of Luxembourg) will outline the relevance of the law of treaties to the development and implementation of international conventions in the field of private international law.

Five thematic panels will follow, each featuring a discussion between experts in the law of treaties and speakers familiar with the practice relating to private international law treaties, respectively.

The first panel, on The conclusion and entry into force of private international law treaties, will be chaired by Hans Van Loon (former Secretary-General of the Hague Conference on Private International Law). The discussion will involve Jean-Marc Thouvenin (University of Paris Nanterre; Secretary-General of The Hague Academy of International Law) and Antonio Leandro (University of Bari).

The second panel, chaired by Sergio Carbone (University of Genova, Emeritus), will be devoted to The observance, application and interpretation of private international law treaties. Luigi Crema (University of Milan), Pedro De Miguel Asensio (Complutense University of Madrid) and Paul Beaumont (University of Stirling) will speak on the topic.

The third panel will be about The amendment and succession of private international law treaties: Catherine Kessedjian (University Paris II Panthéon-Assas, Emerita) will moderate a discussion between Jan Wouters (KU Leuven) and Andrea Schulz (German Federal Ministry of Justice).

Burkhard Hess (Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law) will chair the fourth panel, on The management of conflicts between private international law treaties, with Jan Klabbers (University of Helsinki, TBC) and Alex Mills (University College London) as speakers.

Finally, with Etienne Pataut (University Paris I – Panthéon-Sorbonne) chairing, Malgosia Fitzmaurice (Queen Mary University of London), Chiara Tuo (University of Genova) and Zeno Crespi Reghizzi (University of Milan) will discuss issues in connection with Avoiding, exiting and litigating commitments arising from private international law treaties.

A roundtable on The role of IGOs in the elaboration, implementation and coordination of private international law treaties, chaired by Fausto Pocar (University of Milan, Emeritus), will follow. Participants will include: Nicolas Nord (Secretary-General of the International Commission on Civil Status), Andreas Stein (Head of Unit (Civil Justice) at the European Commission Directorate-General for Justice and Consumers – Civil and commercial justice), Ignacio Tirado (Secretary-General of the International Institute for the Unification of Private Law (Unidroit), and Luca Castellani (Secretary of Working Group IV (Electronic Commerce) – Uncitral).

The conference, which will also feature a key-note speech by Maciej Szpunar (Judge at the Court of Justice of the European Union, TBC), will be closed by remarks by Stefania Bariatti (University of Milan).

The conference is organised by a scientific committee consisting of Stefania Bariatti, Giacomo Biagioni, Pietro Franzina and Lorenzo Schiano di Pepe, and will take place at the Catholic University of the Sacred Heart.

The full programme can be found here, together with additional practical information. Those wishing to attend must fill in the registration form available here. Early bird rates are offered to those registering before 6 March 2023.

For further information, please write an e-mail to: pietro.franzina@unicatt.it.

As announced on this blog, the Catholic University of the Sacred Heart, in Milan, will host, on 3 March 2023, a conference on the operation of Regulation (EU) No 655/2014 establishing a European Account Preservation Order (EAPO) procedure, in light of practice and case law.

The working languages of the conference will be English and Italian, with simultaneous interpretation.

Attendance is free, but prior registration is required. The registration form can be found here.

Speakers include Gilles Cuniberti (University of Luxembourg), Elena D’Alessandro (University of Torino), Fernando Gascón Inchausti (Complutense University, Madrid), Katharina Lugani (Heinrich Heine University, Düsseldorf), Antonio Leandro (University of Bari), Raffaella Muroni (Catholic University of the Sacred Heart), Elena Alina Ontanu (Tilburg University), Carlos Santalò Goris (Max Planck Institute, Luxembourg), María Luisa Villamarín López (Complutense University, Madrid), and Caterina Benini (Catholic University of the Sacred Heart).

The conference will also offer an opportunity to present an article-by-article commentary of the EAPO Regulation, edited by Elena D’Alessandro and Fernando Gascón Inchausti, recently published by Edward Elgar in its Commentaries in Private International Law series. Augusto Chizzini (Catholic University of the Sacred Heart) and Luca Radicati di Brozolo (formerly professor at the Catholic University of the Sacred Heart, now partner at ArbLit, Milan) will exchange views on this work.

The full programme of the conference is available, with additional details, on the event’s dedicated website.

On 20 January 2023, the University of Strasbourg will host a conference on the private international law aspects of the Digital Market Act (DMA) and the Digital Services Act (DSA) organised by Etienne Farnoux, Nicolas Gillet, Kansu Okyay and Delphine Porcheron.

This conference is structured in two parts. The first part will be dedicated to general presentation of the new regulations. The second will address specific topics in private international law.

Speakers include Frédérique Berrod, Stéphanie Carre, Tobias Lutzi, Yves El Hage and Nurten Kansu Okyay.

The conference will be held both in site and online. The full program and details about the location and registration can be found here.

The University of Coimbra will host, on 27 and 28 January 2023, a conference in English on the Brussels II ter Regulation.

The speakers include Antonio Fialho, Cristina González Beilfuss, Dário Moura Vicente, Geraldo Rocha, João Gomes de Almeida, Maria dos Prazeres Beleza, Paula Távora Vitor, Philippe Lortie, Pietro Franzina, Rosa Lima Teixeira, and Samuel Fulli-Lemaire.

Chandra Gracias, Dulce Lopes, Helena Mota, Rui Dias and Rui Moura Ramos will serve as discussants.

For further information, including the full programme, see here.

The Young Property Lawyers’ Forum (YPLF) invites junior researchers to submit proposals for presentations given at its 12th annual meeting, to take place at the European Legal Studies Institute, University of Osnabrück, Germany, on 1 and 2 June 2023.

The theme of this year’s conference is Property Law and Its Boundaries and it can be dealt with from a wide range of perspectives, including but not limited to, doctrinal, theoretical, and comparative. Topics can cover, e.g., core areas of property law doctrine, intellectual property, or property law’s intersections with environmental law, family law, criminal law, administrative law, etc.

Junior researchers (graduate level up to 5 years after conferral of doctoral degree) are invited to submit abstracts of presentations to be given at the conference. Abstracts can be of completed (but unpublished) drafts and, in keeping with the YPLF’s mission as an informal network to exchange ideas, abstracts on works in progress are encouraged.

Abstracts should be sent via email to yplf@yplf.net by 1 February 2023.

The call for papers can be found here. For more information on the conference, see here.

Almost six years have passed since 18 January 2017, when Regulation (EU) No 655/2014 establishing a European Account Preservation Order (EAPO) procedure to facilitate cross-border debt recovery in civil and commercial matters became applicable in full.

A conference will be held in Milan, at the Catholic University of the Sacred Heart, on 3 March 2023, from 9.45 to 17, to discuss the operation of the EAPO Regulation in light of practice and case law.

Speakers include Gilles Cuniberti (University of Luxembourg), Elena D’Alessandro (University of Torino), Fernando Gascón Inchausti (Complutense University, Madrid), Katharina Lugani (Heinrich Heine University, Düsseldorf), Antonio Leandro (University of Bari), Raffaella Muroni (Catholic University of the Sacred Heart), Elena Alina Ontanu (Tilburg University), Carlos Santalò Goris (Max Planck Institute, Luxembourg), María Luisa Villamarín López (Complutense University, Madrid), and Caterina Benini (Catholic University of the Sacred Heart).

The conference will also offer an opportunity to present an article-by-article commentary of the EAPO Regulation, edited by Elena D’Alessandro and Fernando Gascón Inchausti, recently published by Edward Elgar in its Commentaries in Private International Law series. Augusto Chizzini (Catholic University of the Sacred Heart) and Luca Radicati di Brozolo (former professor of the Catholic University of the Sacred Heart, now partner at ArbLit, Milan) will exchange views on this work.

Some of the presentations will be delivered in English, others in Italian, with simultaneous interpretation.

Attendance is free, but prior registration is required. Details regarding registration will be provided in early January 2023, together with the detailed programme of the event.

For information, please write an e-mail to Pietro Franzina at pietro.franzina@unicatt.it.

The programme for the fourth German Conference for Young Scholars in Private International Law has been released.

The conference will be held at the Sigmund Freud University in Vienna, 23-24 February 2023.

The speakers will present papers in German and English on different aspects of the general topic “Deference to the foreign – empty phrase or guiding principle of private international law?”.

The keynote speech will be delivered by Professor Horatia Muir Watt (Sciences Po) and a panel discussion will provide practical insights.

Please register here in order to participate. Attendance will be in-person only, free of charge. The organisers can be contacted at ipr@sfu.ac.at.

As announced on this blog, the 9th Journal of Private International Law conference will be hosted by the Yong Pung School of Law, Singapore Management University from 3 to 5 August 2023.

A reminder that the deadline to submit abstracts is Friday 16 December 2022 at jpil2023@smu.edu.sg. The Call for Papers is available here.

More information on the conference and the related registration can be found here.

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 to increase its legitimacy.

Throughout 2023, webinars will be organised on a variety of topics, including Democracy, Governance, Digital challenges, Civil Status, Anthropocene, Taxation and many others. Each of these webinars is prepared by a White Paper, which will be the focus of the webinar. Members of the public are invited to review the White Papers and comment on them until 31 December 2022 or 31 January 2023.

The organisation has already issued 10 Newsletters, which can be found here.

The programme of the webinars is available here. The White Papers can be accessed here. Registration for these events can be made here.

The Research Group on Private International Law of the University of Silesia (Poland) organizes a conference titled Ukraine-Poland. The Choice of Law Aspects of War and Forced Displacement.

The event will be held on 8 December 2022 from 9:00 – 17:30, in a hybrid formula: at the Faculty of Law and Administration of the University of Silesia in Katowice and online. It will focus on personal, family, inheritance matters. The detailed conference program is available here.

Those interested in attending are must register via an online form. Online participation in the conference is free of charge. The conference will be held in Polish, Ukrainian and English.

The Hague Academy of International Law has made known the programme of the summer course of Private International Law of 2023.

The course will be opened by Maarit Jänterä-Jareborg (Uppsala University) with a lecture on Women’s Rights in a World in Transition: The Challenges of Private International Law.

The general course, titled Responses to a Legally Fragmented World: A Private Law Perspective, will be given by Francisco Garcimartín (Autonomous University of Madrid).

The special courses will be as follows: Olivera Boskovic (Université Paris Cité), Tortious Liability in Contemporary Private International Law; Matthias Lehmann (University of Vienna), Crypto Economy and International Law;  Pedro J. Martinez-Fraga (New York University – School of Law), Evidence-Gathering, Transparency, and Risk Assessment in International Commercial Arbitration; Anselmo Reyes (Singapore International Commercial Court), The Use of Domestic Law to Regulate the Conduct of Individuals, Corporations and Governments Extra-Territorially; Geneviève Saumier (McGill University), Specialised National Courts and International Business Disputes;  Maja Stanivuković (University of Novi Sad), Property Rights of Individuals After Changes of Territorial Sovereignty.

The directors of studies will be Philippa Webb (King’s College London) and Verónica Ruiz Abou-Nigm (University of Edinburgh) for the English-speaking section, Lucie Delabie (Université de Picardie Jules Verne) and Malik Laazouzi (Université Paris 2 – Panthéon-Assas) for the French-speaking session.

All applicants are required to register online. A limited amount of scholarships is available. Registration period for full fee, scholarship, doctoral scholarship and Directed Studies applicants is between 1 November 2022 and 31 January 2023. Attendees will also be able to participate in the doctoral networking sessions coordinated by Vaios Koutroulis (Univesité libre de Bruxelles) and Alexia Pato (University of Girona), additional afternoon lectures, embassy visits and other social activities.

More information on the Academy’s programmes, including the upcoming Winter Course, may be found here.

Prompted by a kind invitation to participate in the International Weekend  of ABILA (American Branch of the International Law Association, NY, 20-22 October 2022), I took a moment to reflect about past achievements and future challenges for private international law (PIL) in the European Union.

We were three speakers in the panel (Karin Kizer and David W. Rivkin  also took part), introduced and moderated by Ronald A. Brand, Michael S. Coffee and Louise Ellen Teitz. The description of the panel read:

This panel will focus on the institutions, players, and issues that are important in the global development of rules of private international law. The panelists will include a global representation of institutional and practitioner perspectives. The discussion will be built around a set of questions dealing with both current practical issues raised by private international law developments and projections for the future.

We were asked to include arbitration in the presentations.

The assignment proved not easy. I confess I got stuck at the very first stage, i.e., how to define ‘achievements’ and ‘challenges’ in PIL: are they different when the ‘PIL’ under examination is of European source?  I guess the answer is that, indeed, EU instruments and case law (of the Court of Justice) in PIL exist as part of a bigger plan: they serve European integration. By way of consequence, assessing PIL developments requires evaluating whether they promote integration or, on the contrary, act as a hindrance to it.

The next question would then be what ‘integration’ entails, how to measure recent PIL contributions of the EU legislature and of the Court thereto, and what future challenges to integration, posed specifically in the area of judicial cooperation in civil and judicial matters, can be predicted at this stage.

As fascinating as (for instance) the impact on mutual trust of the threats to courts and judges’ independence in some EU countries may be, or whether imposing informational obligations to the Member States creates more transparency or is rather counterproductive, upon reflection a pure ‘European-integration’ approach seemed unfit for the purposes of the ABILA invitation. I gave it up; the topic may still be worth for further thought in another context. Considering the likely (American) audience attending the ILW of ABILA, a walk through the latest developments in EU law and the case law of the Court of Justice looked more appropriate – and already proved too much for the time I had .

From this point of departure, I was happy to report that the political attention to judicial cooperation in civil and commercial matters has not declined in the last years. The legislature has obliged adopting new regulations (Regulation 2016/1103 on matrimonial property regimes; Regulation 2016/1104 on the property consequences of registered partnerships), amending  existing ones (Regulation 2015/2421 amending the Regulations on the small claims and the order for payment procedures), and also recasting some (Regulation 2015/848 on insolvency proceedings; Regulation 2019/1111 on matrimonial matters and matters of parental responsibility; Regulation 2020/1783 on taking of evidence; Regulation 2020/1784 of the European Parliament on service of documents).

Indeed, most of the legislative activity of the last decade in the field of PIL is inward-looking. It focuses on strengthening judicial cooperation in the ‘inner circle’ composed of Member States: the task is far from being complete.

From a purely legal (as opposed to political) standpoint, a little bit more surprising is that in some legal instruments a concern for the EU-citizens is made explicit, even where the rules at hand would apply almost equally to non-EU-rooted claimants or defendants: see recital 1 of Regulation 2019/1111; or recitals 8, 32 or 35 of Regulation 2016/1103.

In comparison, the outward-looking activity of the EU lawmaker remains restricted. That is not to say that it has not progressed, both in quantity (meaning, accession to international conventions on PIL, as well as decisions on acceptance of accession of other countries), and in approach. When adopting new legal acts, in addition to resorting to laconic compatibility clauses, the EU legislature keeps an eye on being consistent with existing international conventions: Regulation 2019/1111 is a proof. A wish for judicial cooperation in civil and commercial matters appears in (some) agreements of a general scope, such as the Framework Agreement between the European Union and its member States, of the one part, and Australia, of the other part, in force since 22 October 2022: see its Article 32, comprising a specific mention to facilitating and encouraging the arbitral resolution of international civil and private commercial disputes.

That attention has been given to the civil prong of the European area of justice must be taken as good news.

Visiting the EU Parliament Legislative Train Schedule, the future looks not so promising. And yet there is much to do. There is definitely no PIL legislative overproduction in the Union; however, already with what exist it is easy to get lost.

One of the greatest difficulties in presenting European PIL as a true system to a third-State audience derives from the asymmetries of the instruments as regards geographical scope. The fact that there are several ‘Europes’ in Europe does not only impact on the practical manageability of the rules; it also jeopardizes declared valuable objectives, such as the concentration of closely related claims before the courts of a single Member State. This puzzling situation resulting from a variety of political motives affects above all family matters (in a large sense), but not only. The state of affairs is not likely to change any soon. For the future, the lawmaker should at least take care of making it visible. Sometimes he already does: because of the particular position of Denmark, Article 122, para 3, of the 2017 EU Trademark Regulation clarifies that reference to the Brussels regulation shall include, where appropriate, the Agreement between the European Community and the Kingdom of Denmark. Sometimes he does not: a provision similar to the one just referred to is missing in the GDPR.

Moving to the rules themselves, the newest ones on jurisdiction show an increasing degree of sophistication.

To ABILA I mentioned, by way of example, the provisions allowing for the limitation of proceedings (ad. ex., Article 13 of Regulation 2016/1103), which I see as a ‘distant cousin’ of the forum non conveniens doctrine. I also described the EU fora as being predictable, an assertion which was met with some skepticism in the panel. It is understandable. On paper, all grounds for jurisdiction in the European instruments obey to typical values (certainty, proximity) and reflect the outcome of balances (between the right of access to court of the claimant, and the right to a due process of defendant, with the necessary bias to protect one of the parties or to promote a particular substantive policy, as the case may be). In practice, reality beats the imagination of the legislator and puts the system continuously to a test.

Faced with a problem common to all legal systems, what still makes the European Union unique is the preliminary ruling mechanism (beyond the rightness or wrongfulness of the rulings: the Court can’t please everyone). Its very existence opens up the possibility of reacting to changes uniformly and in a relative short time. When requested by a national jurisdiction, no matter whether first instance, first or second appeal, the Court of Justice’s intervention to adjust the written rules or to shed light on their limits is not a choice – no certiorari.

In civil and commercial matters, the prototypical example of a need for constant adaptation are torts in the internet. Strings of requests for preliminary rulings get to Luxembourg based on variations of very similar facts, pushing the task of the Court of Justice to the verge of the distinction between interpretation and application of the European rules (see C-172/18, AMS Neve, and C-104/22, Lännen, as an example). That the workload of the Court does not decrease, but just the opposite, is to me a sign of trust and of good health of the system, thus an achievement.

In the area of enforcement there is much pending. The big European accomplishments in the last years remain confined to the free movement of titles from and to Member States. The (partial) abolition of exequatur, the possibility to ask for a European account preservation order, the availability of certificates and standards forms to  ease and speed the application for enforcement in a country other than that of delivery of the judgement… benefit Member States’ decisions.

Creditors should be aware that the recent ruling of the Court of Justice in C-568/20, H Limited, does not open wide a door to titles from third States. In my reading of the Court’s decision (which may be wrong), the Brussels I bis Regulation is still limited to the recognition and enforcement in a Member State of decisions of other Member States. It applies, after a foreign judgement has been recognized, to the steps following said recognition, such as an order for payment (if adopted in full compliance with the conditions set forth in the EU regime). The entry into force of the 2019 Hague Convention, when it takes place, will ease the enforcement of non-European titles only to some extent. No doubt there is room for improvement.

Finally, there was, of course, arbitration. In the panel, the discussion revolved around arbitration in the aftermath of the Achmea (C-284/16) and Komstroy (C-741/19) rulings.

I fail to see a difference for commercial arbitration in the pre- and post-Achmea scenarios (in this line, para 54 of C-284/16, resumed in C-741/19): at least, in theory. In any event, decisions such as C-700/20, London Steam-Ship Owners’ Mutual Insurance Association and earlier ones indicate that the main game is played elsewhere.

Among the many doctrinal suggestions for the recast of the Brussels I bis Regulation some focus on arbitration. Personally, I doubt the Commission wants to engage once again in the debate. Whatever the outcome of the ongoing revision of the Regulation, I presume Article 73, para 2, will remain. If this is so, a general line of reasoning of the Court regarding compatibility clauses is worth recalling: said clauses ‘cannot have a purport that conflicts with the principles underlying the legislation of which [they are] part’ (C‑533/08, TNT Express Nederland, at 51, and C- 452/12, Nipponkoa, at 37, on the relationship of the Brussels regime and the Convention on the Contract for the International Carriage of Goods by Road (CMR)). Difficult to imagine that Article 73 could constitute an exception in this regard, or the reasons why.

I did not have the time to present these thoughts in detail, nor other reflections regarding, among other, conflict of law rules. In exchange, I had the pleasure to listen to my two co-panelists on developments in the US and, quite intensively, in the already mentioned concerns of the arbitration world. A summary by S. Labi can be found in Oil-Gas-Energy-Mining-Infrastructure Dispute Management (OGEMID).

The author of this post is Michele Casi, Post-doc, DILHPS Università degli Studi di Milano, and researcher involved in the EFFORTS (Towards more EFfective enFORcemenT of claimS in civil and commercial matters within the EU) project.


The Final Conference of the EFFORTS Project (JUST-JCOO-AG-2019-881802) took place on 30 September 2022 at the Sala Napoleonica of the Università degli Studi di Milano. More than 160 participants attended the Conference, either online and in presence.

Francesca Villata, Coordinator of the Project, opened the conference by outlining the scope, the objectives, and the results of the EFFORTS Project.

The challenges that the EFFORTS Project has aimed at addressing include gaps and divergences in Member States implementing legislation and enforcement procedures, the lack of transparency in the overall system of cross-border enforcement, the lack of (mutual) trust, and the limited use of the EFFORTS Regulations. The objectives of the Project have been tackled by dialoguing with operators, sharing good practices, drafting analytical activities and testing the outcomes, with the help of the Academic Advisory Board, the Stakeholders Cross-Border Committee, the National Working Groups and a Professional Evaluator.

At its core, the Project has produced a wide variety of outputs that:

(i) identify the difficulties users encounter and how the practice is addressing them (seven Reports on national implementing rules, seven Reports on national case-law, seven National Exchange Seminars, one International Exchange Seminar, one Report on practices in comparative and cross-border perspective, and one Report on the digitalization of the enforcement procedures and of cross-border cooperation);

(ii) provide support and guidance (Bilingual Practice Guides for the application of the EFFORTS Regulations in the targeted Member States, complemented by Annexes on national enforcement procedures, for a total of 35 Guides and seven Annexes, seven Policy Recommendations for national legislators and one EU Policy Guidelines); and

(iii) spread awareness, knowledge and trust (see further the Project’s website, the Project LinkedIn and Facebook accounts, the Final Conference, the Final Study (soon available on the website) and the EFFORTS Network).

The presentations of the Final Conference were divided into three panels, respectively chaired by Ilaria Viarengo (Director of the Department of International, Legal, Historical and Political Studies of the Università degli Studi di Milano), Burkhard Hess (Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law), and Fausto Pocar, (Emeritus of International Law, Private International Law and European Law at the Università degli Studi di Milano).

During the conference, the speakers discussed a wide variety of topics relating to the cross-border enforcement of claims in civil and commercial matters within the EU, concerning the EFFORTS Regulations – Regulation (EU) No 1215/2012 (Brussels I bis), Regulation (EC) No 805/2004 on the European Enforcement Order (EEO), Regulation (EC) No 1896/2006 on the European Payment Order (EOP), Regulation (EC) 861/2007 on the European Small Claims Procedure (ESCP), and Regulation (EU) 655/2014 on the European Account Preservation Order (EAPO) – such as: the certification of judgments, the effectiveness of the regulations on cross-border enforcement and national implementing rules, the suspension of the enforcement proceedings under the Regulations, the digitalization of cross-border enforcement procedures, cross-border provisional measures and the European Account Preservation Order, policy options for the re-drafting of the EFFORTS Regulations, and many others.

The discussion benefited from the interaction between national legislators, judges, lawyers, academics, in-house counsels, notaries and enforcing agents, showing once again the EFFORTS Project’s practice-driven approach and the interest of various professionals. In fact, to give one example, during the final debate the case of a lawyer working in the field of commercial cross-border transactions was brought up. The case concerned the payment of invoices, and the lawyer would advise his client to proceed in obtaining an Italian decreto ingiuntivo di pagamento rather than using the EOP procedure. According to the discussion, the Italian order for payment would be more convenient considering that the procedure is more familiar to practitioners and could be later certified for enforcement under one of the other EFFORTS Regulations (under Article 53 Brussles I-bis or as an EEO).

This observation meets, at its core, one of the issues that have been discussed amongst the EFFORTS research groups, and has been reflected in the EFFORTS EU Policy Guidelines: i.e. the differentiation among the existing Regulations. In order to expand ‘the role of uniform European procedures in this area of the law‘, it has been observed, ‘domestic orders for payment procedures would need to be excluded from the scope of the BI bis (n.n. Brussels I bis) and EEO Regulations – a solution which would at the same time reduce the difficulties related to the existence of a wide variety of simplified procedures across the different Member States and encourage economic operators to turn themselves to the EPO and the ESCP‘ (page 28 of the Report). This has further confirmed the practice-driven approach that has shaped the EFFORTS Project’s objectives and results during its implementation.

The activities of the conference lasted the entire day and included several presentations as well as formal and informal discussions and Q&A from the participants, showing that the topics presented at the Conference have captured the attention and the interest of the public.

The contents extensively discussed at the Final Conference will be reflected in the upcoming and conclusive deliverables of the Project: the EU and national Policy Recommendations and the Final Study, soon to be published on the Project’s website.

On Friday, 2 December 2022, at 4 pm, EAPIL will hold an online seminar on the Rome II Regulation.

The seminar will shed light on the Study that was prepared in 2021 by the British Institute of International and Comparative Law (BIICL) in consortium with Civic Consulting to support
the preparation of the report on the application of the Rome II
Regulation.

The speakers will be: Eva Lein (BIICL / University of Lausanne), Constance Bonzé (BIICL), Xandra Kramer (University of Rotterdam), Martin Ebers (University of Tartu), Marie Louise Kinsler (2 Temple Gardens, London).

More information (including a detailed program and registration
information) will be made public on this blog in November.

Between 24 and 27 October 2022, an international congress on the impacts of the war in Ukraine will take place at the University of Barcelona, organized by Cristina González Beilfuss and Xabier Fernández Pons.

On the face of the program, it looks as if most of the interventions are devoted to public law-related aspects of the war. There is nevertheless an open call for papers which may be taken up to present a couple of specific private law problems likely (unfortunately) to result from the war.

In a wider perspective, the event may be an occasion to reflect on cross-border cooperation in civil and commercial matters, family and successions included, in relation to Ukraine. I definitely think it worth to explore the landscape as far as the European Union is concerned, not only with a view to a possible accession in the future. This being said, I fear that many of us (scholars of EU Member States) are not in a position to conduct a deep research, lacking the necessary language skills.

Having this in mind, the purpose of this post is to draw the attention of Ukrainian scholars staying in Europe (let’s hope on-going funding programs will not stop) to address the topic, that is, to walk us into the PIL of a country to which the EU is already linked by projects and conventions.

This can perfectly be done through contributions to this blog. In this sense, by way of example I would like to propose two topics that could be briefly addressed.

The first one would delve into the civil cooperation aspects of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part. The original document was signed on March 21 and 27 June 2014; it has been amended several times, the last consolidated version being of 22 November, 2021. It appears that only one provision of the Agreement focuses directly on judicial cooperation on civil matters, namely Article 24 paragraphs 1 and 2 in Title III, ‘Justice, Freedom and Security’:

‘Legal cooperation

  1. The Parties agree to further develop judicial cooperation in civil and criminal matters, making full use of the relevant international and bilateral instruments and based on the principles of legal certainty and the right to a fair trial.
  2. The Parties agree to facilitate further EU-Ukraine judicial cooperation in civil matters on the basis of the applicable multilateral legal instruments, especially the Conventions of the Hague Conference on Private International Law in the field of international Legal Cooperation and Litigation as well as the Protection of Children.’

Research could be done on the actual scope of the provision, its background, whether it has already crystallized on specific proposals or, simply, on how much judicial cooperation in civil and commercial matters is already covered by Hague conventions.

In addition to this topic, another one of narrower scope is suggested by the case of OKR, C-387/20, a preliminary reference submitted to the Court in 2020 on the Succession Regulation. The second question referred to the Court read

‘Must Article 75, in conjunction with Article 22, of [the Succession Regulation] be interpreted as meaning that, in the case where a bilateral agreement between a Member State and a third country does not govern the choice of law applicable to a case involving succession but indicates the law applicable to that case involving succession, a national of that third country residing in a Member State bound by that bilateral agreement may make a choice of law?

and in particular:

–        must a bilateral agreement with a third country expressly exclude the choice of a specific law and not merely govern the lex successionis using objective connecting factors in order for its provisions to take precedence over Article 22 of [the Succession Regulation]?

–        is the freedom to choose the law governing succession and to make the applicable law uniform by making a choice of law – at least to the extent determined by the EU legislature in Article 22 of [the Succession Regulation] – one of the principles underlying judicial cooperation in civil and commercial matters in the European Union, which may not be infringed even where bilateral agreements with third countries apply which take precedence over [the Succession Regulation]?’

The ’third country’ was the Ukraine; at stake was whether a Polish notary could draw up a notarial will with a clause stipulating that the law applicable to the succession would be Ukrainian law, i.e., the national law of the grantor. The request was declared inadmissible on 21 September 2021 under Article 53(2) of the Rules of Procedure of the Court, after the Court got from the notary an explanation in relation to his duties in the context of the procedure in order to determine whether or not he had, in the present case, the status of a ‘court or tribunal’ within the meaning of Article 267 TFEU. The substantive question remains thus to be answered – and it probably will, for the request is back before the Court, this time sent by the Sąd Okręgowy w Opolu. While Ukrania is, for obvious reasons, not a country presenting observations, nor can scholar Ukranian views of the problem be determinant , it is not without interest to learn how Article 75 of the Succession Regulation is seen from the non-EU signatory countries to the bilateral agreement.

The Journal of Private International Law will be holding its 9th Conference at the Singapore Management University from 3 to 5 August 2023.

All those interested in making a presentation at the conference and in producing a final paper to be submitted for publication in the Journal are invited to provide for an abstract that should be up to 500 words in length and should clearly state the name(s) and affiliation(s) of the author(s). Abstracts can fall within any subject matter the Journal deal with and can be offered by people at any stage of their career, including postgraduate students.

Since there will be a mixture of plenary (Friday) and parallel panel sessions (Thursday afternoon and Saturday morning), it is to be indicated on the abstract whether you are willing to present in either or are only willing to do so in one or the other.

Presentation at the conference will depend on whether your abstract is selected by the Editors of the Journal (Jonathan Harris KC, King’s College, and Paul Beaumont FRSE, University of Stirling) and the Conference Organiser (Adeline Chong, Singapore Management University). The subsequent article should be submitted to either of the editors of the Journal before the end of 2023. Publication in the Journal will be subject to the usual system of refereeing by two experts in the field.

Abstract shall be submitted by 16 December 2022 at jpil2023@smu.edu.sg.

More information on the conference and the related registration can be found here.

The International Commission on Civil Status (ICCS) will host a conference, jointly organised with the Société de Législation Comparée, under the title Plurilingual Forms – Present and Future of International Cooperation in Civil Status Matters.

The conference will take place in Strasbourg on 21 September 2022.

Speakers (and chairs) include Hans Van Loon (former Secretary General of the Hague Conference on Private International Law), Paul Lagarde (Emeritus Professor at the University Paris I, former secretary general of the ICCS), Patrick Wautelet (University of Liège), Bojana Zadravec (President of the Slovenian Association of Administrative Staff, EVS -European Association of Registars), Olivier Guillod (University of Neuchâtel), Laura Martinez-Mora (Hague Conference on PIL), Nicolas Nord (Secretary General of the ICCS), Anatol Dutta (University of Munich), Camille Reitzer (Deputy Secretary General of the ICCS), Marie Vautravers (European Commission), Guillermo Palao Moreno (University of Valencia), Alexander Schuster (University of Graz), Andreas Bucher (Emeritus Professor at the University of Geneva).

The working languages will be French and English (presentations made in one language will be simultaneously translated into the other).

Further information can be found here.

The conference comes only a few weeks after the Strasbourg Convention of 14 March 2014 on the issue of multilingual extracts from civil status acts came into force internationally (on 1 July 2022), for Germany, Belgium and Switzerland.

On 19 September 2022, within the framework of the EU-FamPro Project, a conference titled Couples’ Property with Cross-Border Implications: Uniting Academic Discussions and Practical Concerns will be held in Almeria, followed by a seminar on Practical Challenges in the Application of the Twin Regulations. Remote participation is also available.

The conference and the seminar are the two main parts of an event of the EU-FamPro (E-training on EU Family Property Regimes) Project, co-funded by the European Union and conducted by the University of Camerino (coord.), the Law Institute of Lithuania, the University of Almeria, the University of Ljubliana, and the Rijeka University.

The Conference will provide an international forum where the Partners of the Project illustrate the contribution of the E-learning experience to the dissemination and understanding of the recent EU regulations on matrimonial property and property of registered partnerships (Twin Regulations), while academics, policymakers, and practitioners exchange their views on the different roles of legal professionals applying EU family property law.

The Seminar will focus on specific and cross-cutting issues related to the application of the Twin Regulations. The presentations are planned to cover the application of the Twin Regulations in the different national experiences, especially with regard to jurisdictional rules, determination of applicable law and party autonomy. Specific attention will also be given to the interaction of property regulations and Regulation on Succession.

Further info on the event is available on the Project website and the event programme is available here.

A conference titled The Brussels I bis Reform will take place on 9 September 2022, between 8:30 am and 4:30 pm (CEST), organised by the Max Planck Institute Luxembourg.

Regulation (EU) 1215/2012 is the fundamental reference-instrument of cross-border judicial cooperation in civil matters within the European Union. It provides rules on jurisdiction, pendency, recognition, and enforcement of judgments and other enforceable titles. Since its establishment in 1968, it has been a constantly evolving instrument. At present, the European Commission is required to present a report on the application of the Regulation and to propose improvements. Against this background, a Working Group was set up within the network of the European Association of Private International Law (EAPIL) to draft a position paper. The group is led by Burkhard Hess (Luxembourg) and Geert van Calster (Leuven). Members of the working group answered a questionnaire, reporting the application and possible shortcomings of the Brussels Ibis Regulation in their respective jurisdictions.

Speakers include Dario Moura Vicente, Björn Laukemann, Vesna Lazić, François Mailhé, Stefaan Voet, Camelia Toader, Chrysoula Michailidou, Alexander Layton, Matthias Weller, Krzysztof Pacula, Marta Requejo Isidro, Viktória Harsági, Gilles Cuniberti and Marco Buzzoni.

The topics of the conference are based on the reports received from working group members and observers. Many of the reporters will have the opportunity to take up issues they indicated as important. Additional experts will present topics ranging from insolvency proceedings to third state relationships. Most importantly, the conference will provide a forum for all attendees to discuss the application of the Brussels I bis Regulation up until now and the need for future improvements. The aim of the conference is to prepare a position paper.

The paper will be presented to the European Commission to advise it in the evaluation process.

The conference, which is organised in collaboration with the European Association of Private International Law and the University of Leuven, will take place at the premises of the MPI Luxembourg. Digital participation is possible. Registration is on a first come, first served basis.

Those interested in participating are required to register before 26 August 2022.

The 9th Annual International Arbitration Lecture organised by Roma Tre University and Unidroit, will be held at Unidroit, in Rome, and online on 30 September 2022.

The lecture, titled Beyond Nationalists Mirages in Arbitration: The Inescapable Transnational Approach, will be delivered by Diego P. Fernández Arroyo.

Maria Chiara Malaguti (President of Unidroit and Professor at the Catholic University of the Sacred Heart) and Andrea Zoppini (Roma Tre University) will intervene.

For further information and registration see here.

The Academy of European Law (ERA) will held its Annual Conference on European Family Law on 22-23 September 2022 .

The conference will deal with the new Brussels II Regulation, which is applicable from 1 August 2022, hearing of the child, parentage, surrogacy and double motherhood, as well as recent CJEU case law on international family law.

Speakers include Véronique Chauveau, Dagmar Coester-Waltjen, Gilles Cuniberti, Joanna Guttzeit, Frank Klinkhammer, Carlos de Melo Marinho, James Netto, Marta Requejo Isidro, Caroline Rupp, Nadia Rusinova and Andrea Schulz.

For further information, see here.

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 foreign law, which were presented on this blog here.

The new provisions are an attempt to reform proof of foreign law before French courts by seeking inspiration from foreign models, in particular models which involve academic institutions to report to the court on the content of foreign law and models which allow cross examination of expert witnesses on foreign law.

The conference could have been a great opportunity to confront the new provisions with foreign models which do rely on academic institutions or cross examine witnesses in court, but most unfortunately virtually all speakers are French academics and practitioners (the only exception being the director of the Swiss institute of comparative law).

The conference will take place 60 boulevard de la Tour-Maubourg, 75007 Paris, from 5 until 7:30 pm. Attendance is free, but registration is required at emmanuelle.bouvier@legiscompare.com.

The yearly seminar on European and Comparative law  organized by the Centre of European Legal Studies (CELS) in Urbino (Italy) will take place this summer from 22 August to 3 September 2022.

The Seminar aims to develop knowledge of European and International law as well as to facilitate exchanges between lawyers, officials of the European Communities, professors, judges and advanced students.

The list of speakers for 2022 includes Marie-Elodie Ancel (University of Paris-Panthéon-Assas), Robert Bray (former Head of Unit of the Secretariat of the Legal Affairs Committee of the European Parliament), Georges Cavalier (University of Lyon 3), Ilaria Pretelli (Swiss Institute of Comparative Law), Tuto Rossi (University of Fribourg), Martin Svatos (Charles University), Alessandro Bondi (University of Urbino Carlo Bo), Fabrizio Marrella (University of Venezia Ca’ Foscari), Rosa Maria Emilia Palavera (University of Urbino Carlo Bo), Jens Karsten (Lawyer), Edoardo Alberto Rossi (University of Urbino Carlo Bo), Helmut Satzger (Ludwig-Maximilians-University Munich).

The programme is available here and enrollment information here.

The readers of this blog are already aware that the University of Bonn plans to host a two-day conference on the Hague Convention of 2 July 2019 on the recognition and enforcement of judgments in civil and commercial matters, in cooperation with the Permanent Bureau of the Hague Conference on Private International Law. The event, which was expected to take place on 9 and 10 September 2022, has now been rescheduled and will eventually take place on 9 and 10 June 2023.

As explained by the organisers, the new date will likely be closer to the likely date of accession of the European Union to the Convention. Actually, on 23 June 2022, the European Parliament, based on a report by the JURI Committee, gave its consent to the accession.

The list of speakers of the Bonn conference includes scholars and practitioners, as well as representatives of UNCITRAL and the European Commission.

More information available here.

The Interest Group on Private International Law of the Italian Society of International Law (SIDI) will host two webinars – one in English, the other in Italian – in the framework of its recurring webinar series, titled Private International Law in Europe: Current Developments in Jurisprudence.

On 28 June 2022, from 5 to 7 pm (CET), Andrea Bonomi (University of Lausanne) will speak of Habitual Residence of an Abducted Child for the Purposes of the Law Applicable to Maintenance. Francesco Pesce (University of Genova) will serve as discussant.

On 8 July 2022, from 5 to 7 pm (CET), Javier Carrascosa González (University of Murcia) will deal with the recent case law of the Court of Justice relating to the citizenship of the Union and its implications for private international law. The discussant will be Bruno Barel (University of Padova).

The webinars will be chaired by Stefania Bariatti (University of Milan), convenor of the Interest Group.

Those wishing to attend the webinars are are invited to write an email to sidigdipp@gmail.com. Further information available here.

The Singapore-based Asian Business Law Institute (ABLI) has been engaging in work related to judgments recognition and enforcement in Asia for some time. This blog reported about the Institute’s publication of 2020 on the Asian Principles for the Recognition and Enforcement of Foreign Judgments.

ABLI is now joining hands with the Permanent Bureau of the Hague Conference on Private International Law for a joint webinar that will take place on on 27 July 2022 between 3 to 6pm (Singapore time).

Titled Cross-border Commercial Dispute Resolution – HCCH 2005 Choice of Court and 2019 Judgments Conventions, the webinar will comprise two sessions to take a holistic look at the Choice of Court and Judgments Conventions.

Attendees have the option of attending one or both sessions.

Invited speakers Sara Chisholm-Batten (Partner, Michelmores LLP), the David Goddard (Court of Appeal, New Zealand), Anselmo Reyes (International Judge, Singapore International Commercial Court), Nish Shetty (Partner, Clifford Chance LLP) and Dr Ning Zhao (Senior Legal Officer, HCCH) are expected to talk about the practical operations of the two Conventions, how they complement each other and whether the recent debate of the Choice of Court Convention is justified.

For more information or to register, click here. Early bird discount is available till 26 June. Queries about the webinar should be addressed to info@abli.asia.

As announced on this blog, the final conference of the DXB – Identities on the move – Documents cross borders will be held in Italy on 23-24 June 2022 and will be hosted at A.N.U.S.C.A.’s Academy in Castel San Pietro Terme (Bologna, Italy).

All interested scholars and registrars, public authorities and officials, lawyers and students are invited to take part to it for the outcomes of the research. This final event will offer an opportunity to become aware of the Regulation (EU) 2016/1191 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and to discover the strengths and the challenges of this still relatively unknown instrument. The conference will connect the scientific and applicative dimension of the Regulation, sharing, inter alia, the Commentary on the Regulation and an EU-wide Comparative Survey placing the Regulation into the context of daily national practice.

The event will be held in person, in compliance with health safety regulations, and will also be broadcast online in live streaming for free. Deadline registration for on-line attendance is 21 June 2022 and working languages of the conference will be English, German and Italian.

The Conference programme is available here and includes as speakers Maria Caterina Baruffi, Elsa Bernard, Giacomo Biagioni, Laura Calafà, Matteo Caldironi, Renzo Calvigioni, Cristina Campiglio, Giacomo Cardaci, Gregor Christandl, Mădălina Cocoșatu, Diletta Danieli, Sanjay Dharwadker, Ester di Napoli, Ornella Feraci, Caterina Fratea, Marco Gerbaudo, Susanne Gössl, Paride Gullini, Steve Heylen, Marion Ho-Dac, Fabienne Jault-Seseke, Eva Kaseva, Dafni Lima, Balwicka-Szczyrba Małgorzata, Francesca Maoli, Claudia Elena Marinică, Martina Melcher, Dominik Damian Mielewczyk, Nicolas Nord, Guillermo Palao Moreno, Lina Papadopoulou, Paolo Pasqualis, Paul Patreider, Cinzia Peraro, Stefania Pia Perrino, Marco Poli, Camille Reitzer, Simon Rijsdijk, Alexander Schuster, Sharon Shakargy, Nicole Sims, Thomas Stigari, Anna Sylwestrzak, Marie Vautravers, Rob van der Velde, Jinske Verhellen and Brody Warren.

If you have any questions or inquiries, please write an email to info@identitisonthemove.eu.

In the context of the Vici project Affordable Access to Justice at Erasmus School of Law (financed by the Dutch Research Council – NWO), the project team has organised a series of seminars titled Trends and Challenges in Costs and Funding of Civil Justice.

The concluding seminar in the series will take place on 22 June 2022, on the Future Regulation of Third-Party Litigation Funding.

The seminar, opened by Xandra Kramer and Geert Van Calster, will feature two sessions. The first session, on the current status and the need for further regulation, will include a stakeholder roundtable moderated by Xandra Kramer with the participation of Paulien van der Grinten, Johan Skog and David Greene. The second session, on modes and levels of regulation, chaired by Eva Storskrubb, will include a panel discussion involving Kai Zenner, Tets Ishikawa, Victoria Sahani and Albert Henke.

Attendance is possible in person and online. The programme is available here.

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 by the aim to identify best practices and provide guidelines in the interpretation and application of the Brussels I-bis Regulation (also known as Brussels Ia). For this the analysis carried across the EU Member states sought to evaluate to what extent the changes introduced (compared to the Brussels I Regulation) achieved their objective, what are the remaining shortcomings, and how can these be overcome by considering future useful changes. Together with this, the research has analysed how legislative projects at global level – e.g. the Hague Judgment Convention – and political developments – e.g. Brexit – influence the way the Brussels I-bis is applied.

In analysing the interaction between the Brussels I bis Regulation and the other EU private international law instruments, the project combines a primarily comparative legal approach with the use of empirical research methods. The comparative legal research relies on the analysis of legislation, case law of national courts in EU Member States and the Court of Justice of the European Union (CJEU), and scholarly writings. This endeavour identifies the difficulties in the application of the Brussels I-bis provisions and best practices in applying the provisions of the Regulation. This is done without neglecting the outcomes of the previous regulation – the Brussels I – and other closely related private international law sources. The empirical research relies on various methods, both qualitative and quantitative. On the basis of a dedicated Questionnaire, the national reporters from EU Member States provided information on relevant domestic case law and legal literature.

With its findings the JUDGTRUST project seeks to enhance the general understanding of the autonomous nature of the EU legal sources. Further it looks to contribute to the uniform interpretation and application of the Regulation and consequently promotes mutual trust and efficiency of cross-border resolution of civil and commercial disputes. Furthermore, the analysis provides suggestions on how to reach a greater degree of consistency of the EU private international law legislation.

The outputs of the Project include various materials available online such as the National Reports, a Consolidated Report, and materials of the Final Conference.

Together with these open access materials a Handbook on the Interpretation and Application of the Brussels I bis is expected in the coming period.

In addition to the comparative and analytical research, the project also contributed to the development of a Moot Court Competition (PAX Moot) for law students. With this the project seeks to contribute to the education of a new generation of practitioners dealing with EU private international law.

Ilaria Pretelli, a legal adviser at the Swiss Institute of Comparative Law, has recently posted on SSRN her paper titled Filiation between Law, Language, and Society

The paper was presented this May at a conference on Family Status, Identities and Private International Law. A Critical Assessment in the Light of Fundamental Rights organized by the Swiss Institute of Comparative Law, European Law Institute and Università di Pisa. The post about the conference may be found here.

The abstract reads as follows:

The legal problems around contractual filiation are often presented as creating an opposition between rainbow family and traditional ones but they conceal, underneath, an opposition between two distinct visions of filiation. In patriarchal societies, control over his genealogy by the patriarch is functional in the protection of the social position of the family. These societies are characterised by substantial social immobility. The wealth of sons and daughters depends entirely on the ancestors. Children have duties vis-à-vis their parents, who maintain power and control over them. The importance of lineage can on the other hand be scaled back whenever, in a given society, it is possible to acquire wealth through one’s own efforts in life, rather than only by retaining wealth from ancestors or acquiring it through marriage. Today, the wealth of the children of middle-class families, assisted from the educational and economic point of view by the welfare state, also depends on their ability to integrate into the social fabric through their personal contribution. Children have rights vis-à-vis their parents, and law must assist them, as they are vulnerable persons, in enjoying their rights.

On 15 and 16 June 2022, the University of Zaragoza will host an online conference under the title Challenges of Private Law and the 2030 Agenda. Presentations will be held in in Spanish and in Italian. Several, among them, will address issues of private international law.

Topics include international surrogacy, child abduction, cross-border divorce, children born under irregular migration circumstances, international trade sanctions, climate change litigation and the role of Private International Law with respect to immigration.

Those interested in presenting a communication (in Spanish, English or Italian) are invited to submit an abstract of no more than 500 words by 10 June 2022.

More information is available here.

Private International Law areas of knowledge of the Universities Rovira i Virgili (Tarragona), Barcelona and Lleida have organised the I International Seminar on rights in rem in the European Union: general aspects and international jurisdiction. The seminar will be held in presence on the 10 and 11 November 2022 at the Faculty of Ciencias Jurídicas, Universitat Rovira i Virgili in Tarragona; online access is also available upon request.

This seminar seeks, on the one hand, to define the concept of rights in rem in the framework of European Private International Law and of Comparative Law, and, on the other hand, to identify the problematic aspects arising from the characterisation of such a concept in terms of both the delimitation of the legal instruments applicable to this matter, and of its application in the Spanish legal system as the representative of a State in which several systems of law coexist. Moreover, in terms of jurisdiction, the Seminar will also address the problems of the delimitation of the rule of jurisdiction applicable under Regulation (EU) 1215/2012.

Those interested in presenting a communication are invited to write to mireia.eizaguirre@urv.cat before 12 September 2022.

For further information, see here.

On 23 and 24 February 2023, the fourth German Conference for Young Scholars in Private International Law will be held in person at the Sigmund Freud University in Vienna.

The theme of the conference will be the following:
Deference to the foreign – empty phrase or guiding principle of private international law?

As part of any legal system, rules of private international law are determined by the principles of the respective national jurisdiction, but they also open up the national system to foreign rules.

This creates the challenge of reconciling foreign law and foreign values with the national legal system. At the conference, an exploration whether and to what extent deference to the foreign is a pervasive principle in private international law is looked for. In doing so, the methods of private international law as well as interdisciplinary approaches to the justification and implementation of said principle are expected to be investigated and dealt with.

Speakers are invited to give a presentation of approximately 20 minutes (in either German or English). The written contributions will later be published in a conference volume with Mohr Siebeck. The conference programme will also include smaller discussion rounds in which short presentations of approximately 5-10 minutes can be given. These contributions will not be published, and the organizing committee is looking forward to abstracts for such short presentations too.

The deadline for the submission of proposals is 12 September 2022. Proposals should be sent to ipr@sfu.ac.at.

For further information on the conference and the subsmission requirements, see here.

The Ravenna Campus of the Department of Juridical Sciences of the University of Bologna (Italy) has organised in Ravenna (and online), between 18-23 July 2022, a Summer School on Transnational litigation: between substance and procedure.

The program of the School looks at cross-border litigation from a wide perspective, embracing not only civil and commercial matters but also matter as diverse as family law, succession law and climate change litigation. At the core of the program lies the European space of justice, with its private and procedural international law regulations; the comparative and international perspectives are also considered, with several lecturers from Third States. The approach is both theoretical and practical: as a matter of fact, the whole Saturday 23 July session is dedicated to workshops which will involve the participants in the solution of cases and problems.

The Faculty of the Summer School is composed of experts from different jurisdictions with very diverse professional backgrounds. The Director of the School is Prof. Michele Angelo Lupoi, who teaches Civil Procedural Law and European Judicial Cooperation at the University of Bologna. The Vice-Director of the School is Marco Farina, Adjunct Professor of Civil Procedural Law at LUISS University of Rome.

The Summer School is aimed at law students as well as law graduates and law practitioners who want to obtain a specialised knowledge in this complex and fascinating area of international civil procedure. The lectures will be held in a blended way, both in presence and online. In order to download the pre-registration form, please refer to here. An application will be made to the Bar Association of Ravenna to grant formative credits to Italian lawyers who participate in the Summer School.

The Summer School program is available here and includes as speakers Apostolos Anthimos, Caterina Benini, Giovanni Chiapponi, Michael S. Coffee, Elena D’Alessandro, David Estrin, Marco Farina, Francesca Ferrari, Pietro Franzina, Albert Henke, Priyanka Jain, Melissa Kucinski, Claudio Pezzi, Emma Roberts and Anna Wysocka-Bar.

It is possible to register until 2 July 2022. The registration fee is 200,00 €. For further info, please refer here or write and email to micheleangelo.lupoi@unibo.it. 

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 Azzi, Zhengxing Huo, Yuko Nishitani, Yves El Hage, Matthias Lehmann, Sandrine Clavel, François Mailhé, Cyril Nourissat, Sarah Laval, Maud Minois and Pascal de Vareilles-Sommières.

The conference is structured in two parts. The first will be dedicated to the location of damage in specific field of the law (competition law, financial law, personality rights, environment, etc.). The second will address general topics such as party autonomy or cyber torts

The full programme of the conference and details about location and registration can be found here.

A web conference regarding the role of the internet and other technologies within the EU and the international legal order will take place on 13 May 2022, organised by the editorial team of Lex & Forum, a quarterly on Private International Law and International Civil and Commercial Litigation.

Symeon Symeonides (Willamette University) will chair the conference. He will also deliver a presentation in English on the infringement of personality rights via the internet.

The conference will be opened by Dan Svantesson (Bond University) with a presentation on Private International Law and the Internet.

The remaining presentations, in Greek, will be delivered by Ioannis Delicostopoulos (University of Athens), on Personality infringements via internet publications within
the EU legal order, Ioannis Revolidis (University of Malta), on International Jurisdiction and the Blockchain – Time for new rules on international jurisdiction?, Nikolaos Zaprianos (Solicitor) on Smart contracts: Selected issues of civil and private international law, and Konstantinos Voulgarakis (Solicitor), on ICOs: Selected issues of jurisdiction and law applicable.

For registration, click here.

As announced on this blog, the Journal of Private International Law-Singapore Management University Virtual Conference on Conflicts of Jurisdiction will be held online on 23 to 24 June 2022 (6.00 pm to 10.20 pm Singapore time, 11.00 am to 3.20 pm British Summer Time on each day). The event is supported by the Hague Conference on Private International Law (HCCH).

The conference is intended to support the ongoing work of the HCCH on Jurisdiction.

The speakers are leading private international law scholars and experts, many of whom are directly involved in the ongoing negotiations at the HCCH.

Attendance at the conference is complimentary for academics, government and international organisation officials, Journal of Private International Law Advisory Board members and students. Registration is required.

More information on the conference and the link to register can be found here.

On 13 May 2022 the Faculty of Law of the Universidad Autónoma de Madrid will host a conference on the protection of transnational data transfers and the limits of the General Data Protection Regulation (Protección de las transmisiones de datos transfronterizas: los límites del RGPD).

The speakers include: Elena Rodríguez Pineau (Universidad Autónoma de Madrid), Elisa Torralba Mendiola (Universidad Autónoma de Madrid), Diana Sancho (University of Westminster), Gloria González Fuster (Vrije Universiteit Brussel), Pedro A. de Miguel Asensio (Universidad Complutense de Madrid), José I. Paredes Pérez (Universidad Autónoma de Madrid), Alexia Pato (Universitat de Girona), Mayte Echezarreta Ferrer (Universidad de Málaga), Clara I. Cordero Álvarez (Universidad Complutense de Madrid), Alfonso Ortega Giménez (Universidad Miguel Hernández de Elche), Carmen Parra Rodríguez (Universidad Abat Oliba CEU), Luis Lima-Pinheiro (Universidade de Lisboa), Eduardo Álvarez-Armas (Brunel University London).

The conference, in Spanish, can be attended either in person or remotely. Registration ends on 10 May 2022. See here for further details, and here for the full program.

The Private International Law Festival will take place on 16 and 17 May 2022 in Edinburgh.

The topics that will dealt with include: private international law and sustainable development; decolonising law and private international law; private international law in Scotland; forum conveniens annual lecture; private international law and sustainable migration governance; interdisciplinary latam perspectives; a book launch; new horizon for private international law.

This event is free, in person only and open to all but registration is required. To secure your place, please register through Eventbrite here.

Further information is available here.

As reported in a recent post, Germany has on 29 April 2022 instituted proceedings against Italy before the International Court of Justice in relation with the fact that Italy is allowing civil claims to be brought against Germany in connection with violations of international humanitarian law committed by the German Reich between 1943 and 1945, in breach of Germany’s jurisdictional immunity as a sovereign State.

A webinar in English, organised by the Department of Law of the University of Ferrara and the Institute of International Studies of the Catholic University of Milan, will take place on 11 May 2022, between 10.30 am and 12.30 pm, via GoogleMeet, to discuss the issues surrounding both the German application and the Italian decree-law of 30 April 2022, whereby the Italian Government addressed at least part of the concerns underlying the initiative of Germany.

The discussion will also revolve around the views that the two States are expected to put forward during the public hearings that are scheduled to take place on 9 and 10 May regarding the request made by Germany for the indication of provisional measures.

The following, among others, will speak at the webinar: Giorgia Berrino (University of Modena and Reggio Emilia), Serena Forlati (University of Ferrara), Karin Oellers-Frahm (Max Planck Institute for Comparative Public Law  and International Law, Heidelberg), Riccardo Pavoni (University of Siena), and Pierfrancesco Rossi (LUISS Guido Carli, Rome).

Attendance is free. See here for further details.

— Update (6 May 2022): The public hearings that were due to take place on 8 and 10 May have been cancelled, following the withdrawal by Germany of its request for the indication of provisional measures. Germany informed the Court that it understands that, pursuant to the decree-law 30 April 2022, Italian courts are required to lift measures of enforcement previously taken, and that no further measures of constraint will be taken by Italian courts against German property used for government non-commercial purposes located on Italian territory. As stated by the agent of Germany in his letter to the Court, “Germany agrees with Italy that the Decree . . . addresses the central concern” expressed in the request for the indication of provisional measures. The proceedings remain in place for the remainder of the application. This development, too, will be discussed in the webinar of 11 May announced in the post above.

As announced on this blog, the VIII Congress of Private International Law of the University Carlos III of Madrid will take place in dual mode on 12 and 13 May 2022.

It will be devoted to Regulation (EU) 2019/1111 on jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction.

Under the direction of Juliana Rodríguez Rodrigo, the speakers include: Esperanza Castellanos Ruiz, Javier Carrascosa González, Beatriz Campuzano Díaz, Nuria Marchal Escalona, Giacomo Biagioni, Elena Rodríguez Pineau, Celia Caamiña Domínguez, Mónica Herranz, Ilaria Pretelli, Teresa Peramato Martín, Alfonso-Luis Calvo Caravaca.

The Congress programme and information to attend it are available here.

In 1971, the American Law Institute published the epochal Restatement of Conflict of Laws (Second). Now, a new version is in the making.

An overview of the work will be given by Kermit Roosevelt III (University of Pennsylvania) on 10 May 2022, at 5 PM CET, in the context of the Max Planck Institute (MPI) Hamburg series on “Current Research in Private International Law”.

This promises to be very interesting as the speaker is deeply involved in the drafting process.

The registration link can be found here. Participation is free of charge.

Within the activities of the Jean Monnet Module “CoRiMaR” (Consumer’s Rights and Market Regulation in the European Union), the Department of Legal Sciences of the University of Udine (Italy), together with a consortium of European universities including the University of Essex, De Montfort University, Universitatea de Vest din Timisoara, East Anglia University, University of Belgrade and University of Rijeka, organises the 15th edition of the Summer school Consumer’s Rights and Market Regulation in the European Union, to be held 13-22 July 2022 in Udine (Italy), at the Campus of Legal and Economic Sciences.

The Summer school on Consumer’s Rights and Market Regulation is an intensive course (40 hours of lectures, a workshop and a moot court), held in English by internationally renowned academics. It addresses theoretical and practical issues related to the legal protection of consumers and the market regulation in the European Union.

The call for application and the brochure is available here and here.

The application deadline is 15 June 2022.

For further info, please write an email to ip.europeanlaw.uniud@gmail.com.

On 5 and 12 May 2022 the Swiss Institute of Comparative Law will host an on-line conference titled Family Status, Identities and Private International Law – A Critical Assessment in the Light of Fundamental Rights.

The event is organised in cooperation with the European Law Institute and the University of Pisa.

The speakers include: Elena Bargelli (University of Pisa), Jens Scherpe (University of Cambridge), Yuko Nishitani (Kyoto University Graduate School of Law), Cristina Gonzales Beilfuss (University of Barcelona), Ilaria Pretelli (Swiss Institute of Comparative Law), Andrea Büchler (University of Zurich), Joaquin Bayo Delgado (Former Senior Judge at the Appellate Court of Barcelona), Susanne Gössl (University of Kiel), Lukas Heckendorn Urscheler (Swiss Institute of Comparative Law), Máire Ní Shúilleabháin (University College Dublin), Maria Caterina Baruffi (University of Bergamo) Yin Liu (Huaqiao University), Alfonso Luis Calvo Caravaca (Carlos III University of Madrid), Francisco Javier Jiménez Muñoz (Universidad Nacional de Educación a Distancia) Guillaume Kessler (Université Savoie Mont Blanc), Antonio Legerén (University of A Coruña).

The full programme may be found here, together with further details.

On 30 June and 1 July 2022 the University of Amsterdam will host the 4th International Class Action Conference.

The conference is organized by a team from the University of Haifa, the University of Tilburg and the University of Amsterdam, in collaboration with other institutions. The theme of this year’s conference is From Class Actions to Collective Redress: Access to Justice in the 21st century.

A broad range of issues will be addressed in the conference, including issues that specifically relate to cross-border situations.

The Conference will bring together a diverse range of international expertise in collective redress, and is intended to act as a forum for the sharing of experiences and knowledge.

See here for the full programme and practical details.

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 group, the Digital Legal Studies group and the Interdisciplinary Hub on Privacy, Security and Data Governance (iHub), and it is made possible also with the support of the Digital Legal Studies Sectorplan and Radboud University.

The theme of the event is triggered by the European Union and national governments emphasis on the need for and benefits of digitalisation of justice. Digitalisation is meant to ‘modernise’ the conduct of judicial procedures. However, there is little reflection on what such ‘modernisation’ entails – beyond saving time and costs – and why a ‘modernised’ procedure is preferable to a ‘traditional’ procedure. In addition, the overall impact of digitalisation of justice on access to justice remains unaddressed: what kind of (access to) justice are governments building? In turn, this requires to examine whether digitalisation of justice changes or indeed transforms – as the concept of ‘digital transformation’ claims – the nature of the justice system, and whether these changes are always positive or desirable. Some even argue that beyond ‘modernisation’ or ‘transformation’, the current reforms amount to a ‘digital revolution’.

Digitalisation is often viewed as a key condition to ensuring effective justice in the modern era, enhancing ‘resilience’ of justice systems. It presumably helps tackle delays, enhance legal certainty, and make justice cheaper and more accessible for all. At the same time, challenges associated with digitalisation are highlighted, such as ensuring access for disadvantaged groups to digital technologies, the impact of digital technologies on fundamental rights and procedural justice, and ensuring security and privacy of digital solutions. The emergence of new technology brings with it the need for ongoing assessment of its impact.

For this purpose the conference brings together about 60 researchers from approximately 30 countries to critically assess the process of digitalisation of justice systems and the evolving role of courts in the digital era in Europe and beyond.

Further information about the conference can be found here. Registration is available here.

A series of online seminars has been in launched in December 2021, organised by the team of the Vici project Affordable Access to Justice at the Erasmus School of Law: the general topic is Trends and Challenges in Costs and Funding of Civil Justice.

The next seminar in the series is scheduled for 20 April 2022 (14-16 CET) under the title Austerity policies and litigation costs reforms.

The relationship between access to justice, efficiency of courts, and litigation costs has never been an easy one. Yet, finding a proper equilibrium has never been more challenging than in recent times. The EU economic crises of the last decade and austerity policies deeply impacted justice budgets in several EU Member States and triggered justice reforms, particularly in the area of litigation costs. Building on the experiences of three EU jurisdictions that have been greatly affected by such developments (Greece, Portugal, and Spain), the seminar will assess the impact of austerity measures on access to justice.

The speakers are Panagiotis Perakis (Vice President CCBE), Paula Costa e Silva (Lisbon University) and Fernando Gascón Inchausti (Complutense University of Madrid).

Register here to attend the event.

The final conference of the JUDGTRUST project on the application of the Brussels I bis Regulation will take place in the Hague (and on-line) on 21 and 22 April 2022, organised by the Asser Institute with the University of Hamburg, the University of Antwerp and the Internationaal Juridisch Instituut.

The conference concludes a two-year project on the correct and consistent application of the Regulation. The research findings of the project will be presented and the conference will provide an opportunity to share knowledge amongst academics, legal practitioners and legislators on how to achieve a greater consistency among various instruments in order to enhance the legal certainty, predictability and access to justice in cross border legal transactions.

The conference will offer an opportunity to discuss about the interpretation of the Regulation; the difficulties in the application and interpretation of the Regulation by State courts; consistency within the European private international law system, and possible solutions.

Speakers include Michał Gondek (European Commission), Markus Tobias Kotzur (University of Hamburg), Vesna Lazić (Asser Institute, Utrecht University), Burkhard Hess (MPI Luxembourg), David Althoff (The Hague Institute of Private International and Foreign Law), Louise Ellen Teitz (Roger Williams University School of Law, Bristol, Rhode Island), Wolfgang Hau (Ludwig-Maximilians University of Munich), Antonio Leandro (University of Bari), Michiel de Rooij (Asser Institute), Javier Carrascosa González (University of Murcia), Gilles Cuniberti (University of Luxembourg), Fieke van Overbeeke (The Hague Institute of Private International and Foreign Law), Mukarrum Ahmed (University of Lancaster), Jachin Van Doninck (Free University Brussels), Luis de Lima Pinheiro (University of Lisbon), Lisette Frohn (The Hague Institute of Private International and Foreign Law), Beatriz Añoveros Terradas (University of Barcelona), Pontian Okoli (University of Stirling) and Francesca Villata (University of Milan).

The full programme is available here. See here for registration.

Since the Millennium, public interest litigation has become a growing phenomenon in civil courts. Activists and NGOs are filing civil lawsuits, both domestic and cross-border, in order to promote societal and political shifts.

Typical examples are (business and) human rights claims, environmental claims, climate change litigation but also cartel damage claims. Targeted defendants react also developing litigation strategies, such as bringing the disputes to the general public through the media. A currently much discussed example are SLAPP, strategic lawsuits against public participation – libel lawsuits brought against journalists, media and other stakeholders of the civil society in order to deter them from making investigations.

On 8 April 2022, at 4 pm CET, a Max Planck Law curriculum course is taking place under the title Strategic Litigation – A New Phenomenon in Civil Litigation?, where Burkhard Hess (Director, MPI Luxembourg) will present strategic litigation on the basis of actual cases, and analyse the main features of this (not that new?) phenomenon. The class will primarily focus on civil actions but equally look at recent developments at constitutional and international courts, trying to assess whether and to what extent this type of dispute is transforming civil litigation as we know it.

Those wishing to attend are required to register here by 6 April 2022.

Emmanuel Gaillard met la Russie échec et mat

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 Theory in Action will feature testimonials of a variety of professionals and discussions of some of the theories promoted by Emmanuel Gaillard, including the arbitral legal order and the boundaries of private international law.

The sudden passing of Professor Emmanuel Gaillard on 1 April 2021 came as a shock for the legal world. One year later, five learned societies, of which Professor Gaillard had been an active member, on whose governing board he had served or which he had founded, are endeavouring to pay tribute to his manifold contributions to the world of law as well as the depth of his thinking, in arbitration law and beyond. The testimonials, analyses and discussions that will be shared during this event will highlight Professor Gaillard’s ability to combine theory and practice. Though he is no longer with us, he will forever remain an inspiration to generations of lawyers, as they strive to carry forth his legacy: theory in action.

The full programme of the conference is available here. Registration to the conference is possible here.

Gaillard was a prolific author, who wrote many books and articles. He also liked to draw, and made some drawings which aptly summarise some of his theories.

Courtesy of Dimitrios Katsikis

The EAPIL founding conference is fast approaching! The conference will take place onsite in Aarhus on 2, 3 and 4 June 2022.

Those wishing to attend, are invited to register by 14 April 2022 at the latest. Please do so by filling the form available here

Registration fee is 100 Euros. Furthermore, you are very welcome to sign up for the conference dinner.

Law students without a final master degree in law can participate at a fee of 30 Euros (conference, including lunch and reception) and must register on the above link. If students wish to participate in the conference dinner, the separate conference dinner fee applies (see the registration link).

Participants who have previously chosen to transfer their registration/fee to the 2021 conference have been contacted directly by e-mail and offered to transfer their registration to 2022 or be reimbursed.

As there are other events in Aarhus during the days of the conference, it is strongly recommended that hotel reservations are made soon. Here are some suggestions in this regard.

The VIII Congress of Private International Law of the University Carlos III of Madrid will take place on 12 and 13 May 2022. It will be devoted to Regulation (EU) 2019/1111 on jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction.

Those interested in presenting a paper are invited to submit the title of the paper and an abstract of a maximum of 800 words before 10 April 2022 at Congresodipr@uc3m.es.

The selected papers may also be published in the online journal Cuadernos de Derecho Transnacional.

Further information on the Congress is available here.

The Charles De Visscher Center for International and European Law (CeDIE, UCLouvain, Belgium) will host a conference on Surrogacy and Private International Law, on 31 March 2022.

The conference aims at discussing the theoretical and practical debates on surrogacy, by presenting both the rules of domestic law (including a comparative law approach) and the rules of private international law, with an emphasis on the latter. It will also provide for an opportunity to revisit some of the issues related to the ethical and human rights implications of surrogacy.

Speakers will include legal and medical practitioners as well as academics.

Geneviève Schamps (Professeure, UCLouvain), Jehanne Sosson (Professeure, UCLouvain, avocat), Hugues Fulchiron (Professeur, Université Jean Moulin Lyon 3, Juge, Cour de cassation française), Patrick Wautelet (Professeur, ULiège), Petra Hammje (Professeure, Université de Nantes), Michelle Giroux (Professeure, Université d’Ottawa), Geoffrey Willems (Professeur, UCLouvain), Julie Mary (Assistante et doctorante, UCLouvain) , Amélie Panet (Maître de conférences, Université Jean Moulin Lyon 3),Catherine de Bouyalski (Avocate au barreau de Bruxelles), Nicolas Gendrin (Juge, Tribunal de la famille de Namur), Florence Anciaux Henry de Faveaux (Conseiller, Cour d’appel de Mons), Géraldine Mathieu (Maître de conférences, Université de Namur & ULiège), Sylvie Sarolea (Professeure, UCLouvain, avocate), Caroline Mecary (Avocate aux barreaux de Paris & du Québec), Candice Autin (Médecin gynécologue, Responsable du centre de Procréation Médicalement Assistée au CHU Saint-Pierre), Jean-Philippe Cobbaut (Professeur, Université catholique de Lille & UCLouvain) and Jean-Yves Carlier (Professeur, UCLouvain & ULiège, avocat). 

The working language will be French.

The full programme is available here. Online registration is open here.

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 Bruxelles I bis sous la loupe) at 6 pm online.

Participation is free. Details can be obtained from laurence.tacquard@u-paris2.fr.

The Center regularly holds conference from doctoral students who recently defended their doctorate at Paris I or Paris II University. It also occasionally holds conference from visiting professors at both universities. Podcasts of the latest conferences can be found here.

The webinar What Measures Should the EU Adopt to Enhance the Protection of Adults in Europe? announced earlier on this blog, will take place, as scheduled, on 10 March 2022 from 5 pm to 7 pm.

The webinar has been organised by a Working Group charged by EAPIL with drafting a response to the public consultation that the European Commission has recently launched regarding an EU-wide protection of vulnerable adults. The purpose of the webinar is to present a preliminary draft response and receive feedback from interested experts, practitioners and stakeholders.

An e-mail with the details for joining the webinar has already been sent to the registered participants. If you have registered, but haven’t received this e-mail, please check your spam folder. If you need assistance, please write to pietro.franzina@unicatt.it.

The Special Interest Group on Family and Succession Law of the European Law Institute will host a series of webinars on the Application of the EU Succession Regulation in the Member States, organised by a sub-group on Succession Law chaired by Gregor Christandl of the University of Graz.

The five webinars in the series will take place between March and June 2022 and will shed light on the actual practice regarding cross border succession cases in the Member States.

The reporters will open the webinars with short introductory statements and will then take part in a lively panel discussion on the application of the EU Succession Regulation in their respective jurisdictions. The results of these webinars will be presented as comparative reports at an online conference in September 2022. 

A message from Organizers and the programmme is available here.

Attendance is free of charge. A ZOOM link will be sent to those who register at zivilrecht@uni-graz.at.

The EAPIL Young Research Network is looking forward to welcoming the academic and research community to the beautiful city of Dubrovnik on 14 and 15 May 2022 for a closing conference on the EAPIL Young Research Network’s third research project with the title: Jurisdiction Over Non-EU Defendants – Should the Brussels Ia Regulation be Extended?

The research project aimed at facilitating a critical discussion of the possibility envisaged in Article 79 of the Brussels I bis Regulation of extending the personal scope of the jurisdictional rules contained in the Regulation.

The conference will include a presentation of the research project and its core results as well as discussions with the representatives of the European Commission, the Hague Conference on Private International Law and leading scholars. The Conference will be held at the Inter-University Centre located at the address Don Frana Bulića 4, in close vicinity of the Dubrovnik historical centre.

There is no fee for attending the conference and we are providing limited assistance in booking the most appropriate accommodation (as explained in the application form).

Please direct all inquiries regarding the conference to youngresearch@eapil.org.

The Conference Program is available here; the Application Form here.

The 4th German-speaking Conference for Young Scholars in Private International Law will take place on 23 and 24 February 2023 at the Sigmund Freud University in Vienna.

The theme of the conference will be Deference to the foreign – Empty phrase or guiding principle of private international law?

Here’s the concept:

As part of the legal system, rules of private international law are bound by the principles of their national jurisdiction, but they also open up the national system to foreign rules. Is the claim of deference to the foreign merely an empty phrase or, at best, a working hypothesis, or can it serve as a meaningful guiding principle of private international law? Are there tendencies within or across specific areas of private international law to move away from deference to, and towards a general suspicion against, the foreign? To what extent does (mutual) trust become the basis of deference to the foreign in the process of internationalisation and Europeanisation? What, if any, is the relationship between deference to the foreign and the methods of private international law?

The organisers of the conference (Andreas Engel, Florian Heindler, Katharina Kaesling, Ben Köhler, Martina Melcher, Bettina Rentsch, Susanna Roßbach and Johannes Ungerer) are inviting contributions from all areas of private international law, including but not limited to contract and tort law, company law, family and succession law as well as international procedural law, international arbitration and uniform law.

The written contributions will be published in an edited conference volume. The conference will be held in German, but English presentations are also welcome. The call for papers will be released in spring 2022. Abstracts may be submitted until late Summer 2022.

Further information on the conference is available here.

The Journal of Private International Law and the Singapore Management University will hold a virtual conference on 23 to 24 June 2022, divided into four sessions, on the conflicts of jurisdiction issue. The conference is aimed at assisting with the ongoing work of the Hague Conference on Private International Law (HCCH) on jurisdiction.

The speakers are leading private international law scholars and experts, many of whom are directly involved in the ongoing negotiations at the HCCH. Specifically, the first session, devoted to the common law approaches to conflicts of jurisdiction, chaired by Jonathan Harris, will include an opening by the dean of Yong Pung How School of Law from Singapore Management University and presentations by Campbell McLachlan, Ardavan Arzandeh, Ronald Brand and Mary Keyes; the second one, on the other, focused on civilian approaches to conflicts of jurisdiction, chaired by Kei Takeshita, will involve Tanja Domej, Geert Van Calster, Nadia De Araujo, Marcelo De Nardi and Zheng Sophia Tang; the third will follow, which, based on the work at the Hague Conference on Private International Law and chaired by Paul Beaumont, will be dealt with by Fausto Pocar, David McClean, João Ribeiro-Bidaoui and Matthias Lehmann; finally, continuing on the same topic, the forth chaired by Adeline Chong, including Trevor Hartley, Yeo Tiong Min, Franco Ferrari and Anselmo Reyes, concluded by closing remarks. Each session, with a break in between, will feature a dedicated Q&A moment.

Registration to attend the conference will open nearer the time. The programme for the conference is available here.

Furthermore, the biennial Journal of Private International Law Conference has been delayed until 2023 in order to enable it to take place in person at the Singapore Management University. This conference will be based on a call for papers. Similarly, further details will be announced in due course.

The Rijeka Doctoral Conference of 2021, organised by the Faculty of Law of the University of Rijeka, features a several presentations dealing with topics within, or related to, private international law.

Session 1C, scheduled to take place on 10 December 2021 at 8.30 CET will be devoted to Private International Law & Intellectual Property Law. Chaired by Oliver Remien (Julius Maximilian University of Würzburg), Elena Alina Onţanu (Tilburg University) and Giulia Priora (NOVA School of Law, Lisbon), the session will host presentations by: Caterina Benini (Catholic University of Sacred Heart, Milan): The Law Applicable to Choice-of-Court Agreements under the Brussels I bis Regulation; Denisa Docaj (University of Milan): Private International Law Issues Arising from Brexit: The Rule on Lis Pendens and Related Actions in Civil and Commercial Matters; Zuzana Vlachová (Masaryk University): Infringement of Copyright with a Cross-border Element – Applicable Law; Hongqian Zhou (Waseda University): Digital Exhaustion from the Perspective of Consumers and Competition.

Issues of private international law will arguably arise in other sessions, notably Session 2B, on Family & Succession Law, with a presentation by Nazeemudeen Ziyana (University of Aberdeen) on The Use of Adoption in the Context of International Surrogacy Arrangements: A Comparative Analysis, and Session 2C, on Maritime & Aviation Law, with a presentation by María Gorrochategui Polo (University of the Basque Country) on Collective Bargaining and Cross-Border Collective Actions: The Maritime Industry as a Paradigm for Other Land-Based Industries.

Session 4A, scheduled at 15.30, will be devoted to Arbitration Law & Competition Law. Franco Ferrari (NYU School of Law), Stefan Enchelmaier (University of Oxford) and Miguel Verdeguer Segarra (EDEM Escuela de Empresarios & University of Nebrija) will chair the session. Featured presentations include: Gautam Mohanty (Kozminski University, Warsaw): Joinder of Third-Party Funders in International Investment Arbitration; Yihua Chen (Erasmus University Rotterdam): Third-Party Funding in International Arbitration: A Transnational Study of Ethical Implications and Responses; and Denis Baghrizabehi (University of Maribor): Private Enforcement of State Aid Law in Civil Litigation.

Additional information, including the link to join the various sessions, may be found here.

On 10 December 2021, from 16.30 to 19.00 CET, a webinar in English on The Recommendation of GEDIP Concerning the Private International Law Aspects of the Future EU Instrument on Corporate Due Diligence and Corporate Accountability, will take place, organised by the Interest Group on Private International Law of the Italian Society of International Law (SIDI).

Hans Van Loon, former Secretary General of the Hague Conference on Private International Law, and Giulia Vallar, of the University of Milan, will intervene.

This is the final event of a series of webinars entitled Private International Law in Europe: New Developments on Corporate Social Responsibility and Private International Law.

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

A series of webinars have taken place since June this year to celebrate European Law Institute’s 10th anniversary. The latest in the series is about the ELI project on the Protection of Adults in International Situations and is scheduled for 7 December 2021, from 18:15 to 19:45 (CET),

The ELI project on adults seeks to encourage the European Union to consider both external action and the enactment of legislation in the field. The final report provides analysis and proposals regarding further issues surrounding the application of the Hague Convention of 13 January 2000 on the International Protection of Adults or otherwise relevant to the protection of adults in international situations. It also includes a checklist intended for practitioners, to encourage the development of private mandates within the ambit of the substantive laws of the Member States.

Confirmed speakers are: Aneta Wiewiórowska-Domagalska (Chair; ELI Executive Committee member; Senior Research Fellow, University of Osnabrück), Pietro Franzina (ELI Project Co-Reporter; Professor at the Catholic University of the Sacred Heart, Milano), Richard Frimston (ELI Project Co-Reporter; Consultant, Russell Cooke), Philippe Lortie (First Secretary, Hague Conference on Private International Law (HCCH)), Pascal Pichonnaz (ELI President; Professor, Faculty of Law of the University of Fribourg), Geraldo Ribeiro (Chair of the HCCH Working Group charged with drafting a practical handbook on the Hague Convention of 13 January 2000 on the International Protection of Adults), Salla Saastamoinen (Director for civil and commercial justice, DG JUST, European Commission) and Adrián Vázquez Lázara (Member of the European Parliament; JURI Committee Chair).

The webinar will also feature a 20–25 minute Q&A session with attendees.

Attendance is free. The registration form is available here.

DXB – Identities on the move – Documents cross borders is a project aimed at facilitating the dissemination and implementation of Regulation (EU) 2016/1191 in EU Member States, funded by the European Union’s Justice Programme (2014–2020).

The final conference of the project will take place on 23–24 June 2022 in Castel San Pietro Terme, Bologna (Italy), at the premises of ANUSCA’s Academy (ANUSCA is the Italian association of civil status officers)

A call for papers and panels has been launched. All interested will find more information here.

Papers or panel abstract proposals shall be submitted by 22 December 2021.

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

The speakers will be Olivera Boskovic and Silvia Marino.

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

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

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

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

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

On 1 December 2021, at 3 pm CET, the University of Catania will host a webinar, in French, titled Différences culturelles et droit international privé de la famille (Cultural differences and Private International Law in Family Matters), organised by Pasquale Pirrone.

The main speakers are Jean-Yves Carlier (Catholic University of Louvain) and Léna Gannagé (Saint Joseph University, Beirut). Fabrizio Marongiu Buonaiuti (University of Macerata) and Roberto Baratta (Roma Tre University), among others, will also intervene.

Attendance is free, via Teams. Further details here.

The University of Toulouse (France) will host a conference on Notary’s Role in Private International Law (L’office du notaire en droit international privé) organised by Estelle Gallant, on 25-26 November 2021.

The conference will include sessions on the role of notary as competent authority in the field of private international law, the reception and circulation of public documents, the drawing up of deeds by notaries as well as roundtables on divorce by mutual consent, property regime of couples and international successions.

Speakers will include numerous PIL specialists:

  • Scholars : Hugues Kenkack (Toulouse), Fabienne Jault-Seseke (Paris-Saclay), Patrick Wautelet (Liège), Pierre Callé (Paris-Saclay), Christine Bidaud (Lyon 3), Hugues Fulchiron (Lyon 3), Eric Fongaro (Bordeaux), Michel Farge (Grenoble-Alpes), Hélène Péroz (Nantes), Nathalie Joubert (Bourgogne-Dijon), Sara Godechot-Patris (Paris-Est Créteil), Sandrine Clavel (Paris-Saclay), Marc Nicod (Toulouse), Lukas Rass-Masson (Toulouse), Estelle Gallant (Toulouse) & Cyril Nourissat (Lyon 3)
  • Notaries: Caroline Deneuville (Paris), Richard Crône (Paris) and François Tremosa (Toulouse) & Jean-Christophe Rega (Mission Europe du CSN),
  • Legal practionners working with notaries : Mariel Revillard, Marion Nadaud (Bordeaux) & Sophie Chalas-Kudelko (Lyon)

The full programme is available here. Online registration is open here.

A webinar in English on The resolution of the Institut de Droit International on Human Rights and Private International Law will take place on 12 November 2021, from 16.30 to 18.30 CET, organised by the Interest Group on Private International Law of the Italian Society of International Law (SIDI).

The speakers will be Fausto Pocar and Patrick Kinsch.

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

The Research Center on Private International Law (EDIEC – EA 4185) of the University of Lyon III – Jean Moulin (France) will host a three-day conference to understand whether EU Private International Law should be considered as a comprehensive system (Existe-t-il un système de droit international privé de l’Union européenne?), organised by Ludovic Pailler and Cyril Nourissat, on 17 to 19 November 2021.

The presentation of the conference reads as follows:

The ambitious program proposed by the organizers does not only aim to take stock of a vicennial construction of the law of judicial cooperation in civil matters. It should also allow the speakers to assess whether this field of Union law is merely a pile of autonomous texts (at most likely to constitute a few large blocks – family, obligations, etc.) or whether, beyond that, a comprehensive work is taking shape, a true “system” of private international law, in particular thanks to the many judgments handed down by the Court of Justice of the European Union. This event will also be an opportunity to question the necessity of a system of private international law in order to constitute the area of civil justice called for by the European Commission. In order to take up this major scientific challenge, the colloquium brings together eminent European authors, specialists in Private international law and Union law. Their analysis will be usefully completed by a comparative approach from points of view from outside the Union (China, Maghreb, USA) and by the intervention of practitioners (lawyers, bailiffs, notaries), better able to evaluate the usefulness of a system for their daily work.

Speakers include numerous PIL specialists, scholars as well as senior officials and practitioners:

Louis d’Avout (Paris II Panthéon-Assas), Etienne Farnoux (Strasbourg), Marie Vautravers (European Commission), Tania Jewczuk (French Ministry of Justice) Sandrine Clavel (Paris Saclay), Laurence Idot (Paris II Panthéon-Assas), Edouard Treppoz (Paris 1 Panthéon-Sorbonne), Yves El Hage (Lyon 3), Hélène Gaudin (Toulouse 1 Capitole), Bernard Haftel (Sorbonne Paris Nord), Lukas Rass-Masson (Toulouse 1 Capitole), Carine Brière (Rouen), Jean-Baptiste Racine (Paris II Panthéon-Assas), Malik Laazouzi (Paris II Panthéon-Assas), Emmanuelle Bonifay (Aix-Marseille), Mathias Audit (Paris 1 Panthéon-Sorbonne), Johanna Guillaumé (Rouen), Marie-Elodie Ancel (Paris II Panthéon-Assas), Stéphanie Francq (UCLouvain), Samuel Fulli-Lemaire (Strasbourg), Amélie Panet (Lyon 3), Marion Ho-Dac (Artois), Laurence Usunier (Cergy-Pontoise), Kamalia Metiyeha (Paris 1 Panthéon-Sorbonne), Pierre Callé (Paris-Saclay), Fabienne Jault-Seseke (Paris-Saclay), Michael Wilderspin (former administrator, European Commission), Blandine de Clavière (Lyon 3), Sylvaine Poillot Peruzzetto (French Cour de Cassation), Alain Devers (Lyon 3), Marc Cagniart (Notary, Paris), Alice Meier-Bourdeau (Lawyer, Paris Bar), Mathieu Chardon (Baillif), Emmanuel Guinchard (Liverpool), Sami Bostanji (Tunis), Claudia Lima Marques (Porta Alegre), Gustavo Cerqueira (Nîmes), Nicolas Nord (Strasbourg), Fabien Marchadier (Poitiers) and Jérémy Heymann (Lyon 3).

The full programme is available here.

For registration, please write to marie.brossard@univ-lyon3.fr

Under the auspices of the project “Time to Become Digital in Law” (DIGInLaw), funded by the Erasmus+ Partnerships for Digital Education Readiness, the University of Aberdeen organizes a PhD Book Club titled European Private International Law in a Digital World, in collaboration with the Universities of Osijek, Zagreb, and Milan.

The PhD Book Club will be held online on 8 December 2021. The goal of the book club is to raise awareness and expand knowledge through a discussion on contemporary private international law issues that stem from digitalization.

Participants can choose among the following discussion panels:

  • Topic 1 – Jurisdiction in Digital World: Focus on the Extraterritorial Effects of the General Data Protection Regulation and the EU Commission’s Proposal AI Act: 10.00 – 11.30 UK time
  • Topic 2 – Cross-Border Family Law in Digital World: Judicial & Administrative Co-operation and the Use of High-Risk AI Tools in Cross-Border Family Litigation: 12.30 – 14.00 UK time

The reading list will be distributed in advance to allow participants to prepare for discussion, which will be moderated by law professors and lecturers from the above-mentioned universities. All PhD researchers are eligible to apply. Please follow the registration link available on the event webpage here.

Ghent University (Belgium) and its Center for the Future of Dispute Resolution organise an online conference titled Transnational Dispute Resolution in an Increasingly Digitalized World, to be held on 24 March 2022.

A call for abstracts is open through 1 December 2021.

The concept is as follows:

The increased digitalization in the field dispute resolution, which received a boost from the Covid-19 pandemic, raises a number of important questions in terms of privacy, cybersecurity, data protection and artificial intelligence, going from rather practical concerns (how to protect the information exchanged, how to organize the taking of evidence, how to comply with the various obligations, etc.) to more fundamental inquiries (does it scare litigants off, does it foster or rather compromise efficiency, etc.).

The goal of the conference is to bring together academics, practitioners and policy makers with expertise in the field of dispute resolution (arbitration, transnational litigation, mediation, other ADR mechanisms) and technology law. That is why we are particularly (but not exclusively) interested in contributions that focus on :

  • Obligations of the actors of justice
  • Challenges and opportunities of (partial) online proceedings
  • Evidentiary issues related to cybersecurity and data protection
  • The (ab)use of these instruments as a dispute resolution strategy

and discuss these forward-looking dispute resolution topics in light of the various privacy, data protection, cybersecurity and AI regulations.

See here for more information.

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 cross border investments. It will also include several sessions more specifically dedicated to judicial cooperation, both with respect to Member States and Third States.

Speakers will include numerous PIL specialists, including some of the organisers of the conference (E. Farnoux, S. Fulli-Lemaire), and a number of external speakers (F. Marchadier, A. Marzal, E. Galland, J. Heymann, G.P. Romano, K. Parrot).

The full programme is available here. For registration, please write to jnyobe@unistra.fr.

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 been launched, on the five continents, under the coordination of the Foresight Council, in order to feed back the ideas that will be developed during the webinars and during the June event. These working groups are primarily aimed at the younger generation (PhD students, PhDs, young professionals in all branches of international law). Companies, essential actors of the international society, will be full partners, as well as NGOs and public actors.

A series of thematic White Papers will be prepared on 24 themes, including Cities, Civil Status, Cultural Heritage, Dispute Resolution, Migration, Intellectual Property or Oceans, to name only a few.

Regular updates concerning the evolution of the work of the Working Groups and the preparation of the celebration will be given by a Newsletter. The first issue is available here.

The University of Udine, in Italy, will host on 16 and 17 September an on-line conference under the title European Union and Third Countries: Issues on Jurisdiction and Recognition of Foreign Judgments.

Some of the presentations will be in English, others in Italian.

Speakers include Elisabetta Bergamini (University of Udine), Francesco Deana (University of Udine), Martin Gebauer (Eberhard Karls Universität Tübingen), Peter Kindler (LMU Munich), Fabrizio Marongiu Buonaiuti (Univ. of Macerata), Paolo Mengozzi (former Advocate General at the CJEU), Luca Penasa (University of Udine), Marcello Stella (University of Naples “Federico II”), Faidon Varesis (University of Oxford / Ethnikon kai Kapodistriakon Panepistimion Athinon) and Wolfgang Wurmnest (University of Augsburg).

The detailed programme and the registration form are available here.

On 23 and 24 September 2021, the GLaw Research Network (Maastricht University) will host an “hybrid” workshop on Article 47 of the EU Charter and effective judicial protection: The National Courts’ perspective.

This will be the second part of a broader research on effective judicial protection in the EU legal order. The first part focused on the Court of Justice’s perspective and led to an online workshop last April (reported here). The second workshop will adopt a comparative law approach within the national legal orders of the EU Member States.

The principle of effective judicial protection is one of the cornerstones of the EU legal order. Mentioned by the Court of Justice for the first time in the 1980s, and originally emanating from Articles 6 and 13 ECHR, this principle had a pivotal role in ensuring access to adequate remedies to protect the rights deriving from Union law. Since its inception, this principle was linked also to the protection of the rule of law, one of the founding values of the EU. Effective judicial protection is therefore one of the facets of the EU constitutional identity. Following the entry into force of Lisbon Treaty, this principle has been constitutionalised in Article 19 TEU and Article 47 of the EU Charter of Fundamental Rights, the latter laying down the right to an effective remedy and to a fair trial. Currently, Article 47 of the EU Charter is the most invoked EU Charter provision before national and EU courts.

The workshop will offer a comparative overview of the national case law applying Article 47 Charter and the principle of effective judicial protection. The speakers will collectively evaluate the systemic impact of Article 47, its interplay with other domestic and European provisions guaranteeing effective judicial protection, as well as the level of convergence (or divergence) in the national courts’ approaches.

The papers presented at the workshop will be included in the second volume of the book project ‘Article 47 of the EU Charter and effective judicial protection’ led by Mariolina Eliantonio, Giulia Gentile and Matteo Bonelli, all members of the GLaw-Net Research Network.

The full program is available here and registration is open here.

On 14 October 2021 an online roundtable will take place devoted to the private international law issues relating to the recognition and enforcement of foreign (mostly US) punitive damages judgments in countries outside of Europe.

The event is organised by the Maastricht University at the initiative of Lotte Meurkens and Cedric Vanleenhove.

An often-heard obstacle [to the recognition of judgments awarding punitive damages] is the public policy-exception. In a number of European countries, for example Italy, Spain and Germany, the supreme courts have rendered decisions on this matter.

Following the decision of the Italian supreme court of 2017, a conference was organised in Milan by the Department of Italian and Supranational Public Law of the University of Milan in 2018. A program of this conference, in which the organizers of this M-EPLI roundtable took part, can be found here. During the conference, the private international law question has been addressed from the perspective of several European countries.

We have decided to broaden this question and look into countries outside of Europe because extensive research into such jurisdictions has not been done yet. In this M-EPLI roundtable we bring together a group of experts who will reflect on the current position of their country (and surrounding countries). The insights gained through this research could be useful for the ongoing debate on the future of punitive damages in Europe.

Speakers include Cedric Vanleenhove (Ghent University / University of Liège), Béligh Elbalti (Osaka University), Wenliang Zhang (Renmin University of China), María Guadalupe Martínez Alles (IE University), Vsevolod Chernyy (Lomonosov Moscow State University) and Lotte Meurkens (Maastricht University).

More information available here.

On 9 and 10 September 2021, the Max Planck Institute Luxembourg for Procedural Law will host the 7th Conference of Young Procedural Scholars on Europeanisation of Civil Procedural Law: Disruption or Consolidation? The event will trace the influences of the ever-increasing European activities on national procedural law, and offers the opportunity to discuss whether Europeanisation consolidates or rather disrupt the coherence of national law.

The German-language conference aims to bring together young researchers with an interest in the field of procedural law – be it civil, criminal or pertaining to public law –, thereby recognizing the manifold intersections, overlaps and similarities of the sub-disciplines of procedural law. The wide-ranging activities of the European legislator as well as the case law of ECJ and ECtHR, having left their mark on all branches of procedural legal studies, particularly prompt such an overarching approach to questions of efficient procedural law enforcement.

Aimed at postdocs, PhD candidates and other researchers in an early stage of their academic career, the conference intends to create a forum for new and upcoming voices of procedural law. Further information is available at the MPI website or by reaching out to the organizers of the conference, Dr Lena Hornkohl and Dr Wiebke Voß (both Senior Research Fellows at the MPI Luxembourg) at jungesprozessrecht@mpi.lu.

The 15th Global Digital Encounter organized by Fide Foundation and TIPSA (Transatlantic Intellectual Property Academy) will take place on 8 September 2021, under the title Towards A More Predictable Legal Framework for Cross-Border Intellectual Property Disputes.

It will discuss the main lines of the Kyoto Guidelines on Intellectual Property and Private International Law drafted by a group of 36 renowned scholars from 19 jurisdictions under the auspices of the International Law Association.

Intellectual Property controversies and disputes become more and more cross border in the context of the IV Industrial Revolution and the enforcement of IP rights in this global environment raises new and complex challenges to the traditional models of solving conflicts through national courts. Issues like the rules for adjudication of international disputes (jurisdiction), the applicable law and the cross-border recognition and enforcement of judgments involving IP claims still differ widely from country to country, fostering therefore the development of an environment deprived of legal certainty which severely affects the enforcement of IP rights all over the world. Consequently, the adoption of model provisions on the private international law aspects of IP which could be used as guiding for national and international legislation has become an urgent matter.

The panel, composed by Marketa Trimble (University of Nevada), Toshiyuki Kono (Kyushu University) and Axel Metzger (Humboldt University of Berlin), will be moderated by Pedro de Miguel Asensio (Complutense University of Madrid).

For further information and registration, see here

conference titled Diversity of Enforcement Titles in Cross-border Debt Collection in the EU will take place in Maribor on 3 and 4 September 2021, in the framework of the The EU-En4S project. The event will be live streamed online for those who cannot attend in person.

Speakers include Marko Ilešič, Friderik Sjövall, Samuel Rudvall, Željko Pajalić, Lionel Decotte, Jens Bormann, Paolo Pasqualis, Wendy Kennett, Achilleas Demetriades, as well as participants from the several institutions that take part in the project.

The agenda of the conference may be found here. See here for registration.

The Hague Academy of International Law has made known the programme of the summer course of Private International Law of 2022.

The course will be opened by Dominique Hascher with a lecture on The Role of International Law in the Review of Awards.

The general course, titled Towards Worldwide Law Consistency, will be given by Louis d’Avout (Paris II University).

The special courses will be as follows: Marco Frigessi di Rattalma (University of Brescia), New Trends in the Private International Law of Insurance Contracts; João Bosco Lee (Universidade Positivo), The Application of International Conventions by Arbitrators in International Trade Disputes; Ulla Liukkunen (University of Helsinki), Mandatory Rules in International Labour Law; Kermit Roosevelt III (University of Pennsylvania Carey Law School), The Third Restatement of Conflict of Laws; Tiong Min Yeo (Singapore Management University), Common Law, Equity, and Statute: Effect of Juridical Sources on Choice of Law Methodology; Arnaud Nuyts (Université Libre de Bruxelles), The Forum for Cyber Torts.

Special lectures in tribute to Professor Emmanuel Gaillard will be delivered by Yas Banifatemi, Diego P. Fernández Arroyo, Dominique Hascher, Horatia Muir Watt and Luca Radicati di Brozolo.

The directors of studies will be Marie Linton (Uppsala University) and Luciana Beatriz Scotti (University of Buenos Aires). 

More information on the Academy’s programmes, including the upcoming Winter Course, may be found here.

The French Committee for Private International Law will hold a panel discussion on private international law and Brexit (Le droit international privé au défi du Brexit) in the afternoon of 8 October 2021, in Paris (3 pm CET).

The chairman will be Dominique Foussard. Speakers include Louis d’Avout, Stewart Leech, Eva Lein, Philippe Lortie and Michael Wilderspin.

The exact location is to be announced on the website of the Committee (here).

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 in Pakistan, Pakistan-China Joint Chamber of Commerce & Industry, and Center for International Investment and Commercial Arbitration.

This webinar and research is related to developments in recent years. A number of States and municipalities have established new commercial courts which are perceived by some to be the building blocks of economic development and global commerce. These new commercial courts include those that are designed primarily for domestic disputes and others geared toward international disputes. The new international courts share a common aspiration: to provide forums for the resolution of commercial conflicts that are cheap, quick, and whose judgments are enforceable.

As part of its Ease of Doing Business Reforms Agenda, Pakistan has recently established commercial courts at the district level. The new commercial courts dovetail with a number of macro-economic and geostrategic trends, including the rise of Asia, and China in particular, as a supplier of both outbound capital and dispute resolution, and the increasing diversification of forums across the world.

This webinar will provide an in-depth discussion of the new domestic and international commercial courts with a focus on topics including jurisdiction and legislative basis, regulatory framework, relationship to the domestic court system, staffing and personnel issues, the courts-arbitration nexus, and cross-border disputes and associated enforcement issues.

The speakers, including judges and lawyers from Pakistan, the UK, Singapore, and China, will share insights with the launch and evolution of these new courts in the context of both dynamic domestic and global legal transformations.

More information about the webinar and the ERC Research project are available here. See here for registering for the event.

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 range of challenges of their own, such as the lack of a level playing field and the overwhelming complexity of the legal and judicial system. Justice is the sine qua non for trade, and e-commerce will only be able to reach its full potential in Europe when justice permeates the digital realm. e-CODEX, the digital platform for cross-border legal data exchange within the European Union (EU), plays an important role in this regard. The mission of e-CODEX is to make cross-border justice accessible for all citizens and businesses within the EU.

To further this pursuit, e-CODEX hosted on 25 November 2020 an online roundtable discussion about e-justice as an enabler for cross-border e-commerce in Europe. The webcast of the roundtable discussion can be viewed here.

The e-Commerce Meets Justice White Paper is a representation of the facts and opinions expressed by the panel members. The panel was composed of Margarita Touch (Information Officer at DG JUST), Luca Cassetti (Secretary General of Ecommerce Europe), Marco Velicogna (Researcher at Institute of Legal Informatics and Judicial Systems of the National Research Council of Italy), and Hans van Grieken (Senior Technology Researcher at Capgemini, Gartner and Deloitte).

Their contributions to the White Paper discuss: e-commerce and developments triggered by the pandemic, the SMEs heavy reliance on platforms for cross-border e-commerce, the legal aspects of inter-European e-commerce, alternative dispute resolution means, and the role of e-justice in supporting cross-border e-commerce and building consumers’ trust.

More information on e-CODEX can be found here.

On 20 July 2021, the University of Milan will host the (on-line) Annual Conference of the EU-funded project Jean Monnet Module on Multilevel, Multiparty and Multisector Cross-Border Litigation in Europe.

This year’s topic, Incentives and Challenges to Transnational Access to Justice, will be discussed in the framework of two roundtables concerning, respectively, Third-party Funding in International Dispute Resolution and E-Justice in International Dispute Resolution.

The complete programme is available here. Registrations are open until 15 July 2021, through this form.

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 marks a turn in climate change litigation by targeting mainly the responsibilities of governments in curtailing the effects of climate change to suing corporations.

The seminar moderated by Jos Hoevenaars will bring together renown speakers on the topic Prof. Chantal Mak, Prof. Geert van Calster and Sanne Biesmans. They will discuss the implications of recent climate litigation in the context of private international law, fundamental rights and corporate liability.

Click here to register. More information on the coming two seminars can be found here.

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, Tristan Azzi, Etienne Pataut.

The book collects the proceedings of a conference held at the Cour de cassation in Paris on February 2018. Videos of the conference are freely available here.

 

The conference titled Child-friendly procedures in cases of international child abduction will take place online on 24 and 25 June 2021. The conference will present the results of research conducted with the INCLUDE project on what is considered to be ‘good practice’ for professionals in a context of child abduction as seen by children themselves. You can consult the agenda of the conference here, and register for it here.

The INCLUDE project, as explained by its coordinators, aims to enhance the wellbeing of children at all stages of an international child abduction by providing guidelines and good practices to legal and other professionals.

The deliverables of the project (including an International Child Abduction – Legal Framework and Literature Study) are available on the project’s website.

A webinar titled 1981-2021: 40 Years Since the Accession of the Hellenic Republic to the EU – The Impact on the Domestic Procedural Legal Order will take place on 26 May 2021 at 5 pm CET, organised by the law review Lex & Forum and Sakkoulas Publications.

The webinar, which will be held in Greek, will consist of four sections: (1) A flashback to the common European procedural roots; (2) The practical dimension; (3) The steps ahead; (4) A glimpse at the common European procedural future.

Speakers include Paris Arvanitakis (Aristotle University, Thessaloniki), Antonios Alapantas (President of the Court of first Instance, Piraeus), Ioannis Valmantonis (President of the Court of first Instance, Athens), Vassilios Sariyannidis (Director of the Unit on special legal matters of the Greek Ministry of Justice), Ioannis Delikostopoulos (University of Athens), Lida Pipsou (Aristotle University, Thessaloniki), Apostolos Anthimos (Attorney at law and  Editor in chief of Lex & Forum), Dimitrios Titsias (President of the Court of first Instance, Justice Counselor, Permanent Representation of Greece to the EU).

The full programme and the registration form can be found here. Registrations are open until 25 May at noon. Attendance is free.

From 9 to 11 September 2021, the Max Planck Institute for Comparative and International Private Law will host a conference titled The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law. Depending on the course of the pandemic, the organizers plan that the conference will take place either at the Max Planck Institute in Hamburg virtually or in a hybrid form. An official invitation was issued and registration is now open.

The conference is designed to present findings of the research project bearing the same title led by Ralf Michaels (Max Planck Institute for Comparative and International Private Law), Verónica Ruiz Abou-Nigm (University of Edinburgh) and Hans van Loon (former Secretary General of the Hague Conference on Private International Law). The project, as explained by its leaders, “aims to raise an awareness of how PIL – with its methods and institutions – is also capable of making a significant contribution in the quest for sustainable development” defined in UN Sustainable Development Goals 2030. The edited volume presenting findings of the project will be published by Intersentia and is scheduled to be released in September 2021, to be ready for the conference. The volume will be freely accessible online, in open access.

The following 19 contributors involved in the project will present and discuss their findings on respective SDGs (the exact conference program will be ready in the coming weeks):

SDG 1 No Poverty

Benyam Dawit Mezmur (University of the Western Cape, South Africa)

SDG 2 Zero Hunger

Jeannette Tramhel (Organization of American States, United States of America)

SDG 3 Good Health and Well-being

Anabela Susana de Sousa Gonçalves (Universidade do Minho, Portugal)

SDG 4 Quality Education

Klaus Beiter (North-West University, South Africa)

SDG 5 Gender Equality

Gülüm Özçelik (Bilkent Üniversitesi, Turkey)

SDG 6 Clean Water and Sanitation

Richard Frimpong Oppong (Kamloops, Canada)

SDG 7 Affordable and Clean Energy

Nikitas E. Hatzimihail (University of Cyprus, Cyprus)

SDG 8 Decent Work and Economic Growth

Ulla Liukkunen (University of Helsinki, Finland)

SDG 9 Industry, Innovation and Infrastructure

Vivienne Bath (University of Sydney, Australia)

SDG 10 Reduced Inequality

Thalia Kruger (Universiteit Antwerp, Belgium)

SDG 11 Sustainable Cities and Communities

Klaas Hendrik Eller (Universiteit van Amsterdam, Netherlands)

SDG 12 Responsible Consumption and Production

Geneviève Saumier (McGill University, Canada)

SDG 13 Climate Action

Eduardo Álvarez-Armas (Brunel University London, United Kingdom and Université Catholique de Louvain, Belgium)

SDG 14 Life Below Water

Tajudeen Sanni (Kampala International University, Uganda)

SDG 15 Life on Land

Drossos Stamboulakis (Monash University, Australia)
Jay Sanderson (University of the Sunshine Coast, Australia)

SDG 16 Peace, Justice and Strong Institutions

Sabine Corneloup (Université Panthéon-Assas, Paris II, France)
Jinske Verhellen (Universiteit Gent, Belgium)

SDG 17 Partnerships for the Goals

Fabricio Polido (Universidade Federal de Minas Gerais, Brazil)

On 17 May 2021 (from 5 to 7 pm CET), the French Supreme Court in civil and criminal matters (Cour de cassation) will host an online seminar (in French) on the respective roles of the court and the parties in the application of conflict-of-laws rules (L’office du juge et la règle de conflit de lois).

The chairmen are François Ancel (President of the International Commercial Chamber of the Paris Court of Appeal, ICCP-CA) and Gustavo Cerqueira (Professor at the University of Nîmes).

Speakers include Gian-Paolo Romano (Professor at the University of Geneva and co-director of the Yearbook of International Private Law), Nicolas Nord (Associate Professor at the University fo Strasbourg and Secretary General of the ICCS), Lukas Rass-Masson (Professor at the University of Toulouse 1, Director of the European school of law Toulouse) and François Mélin (Counsellor at the Paris Cour of Appeal).

The seminar will be streamed live on the website of the French Supreme Court (here).

It is part of a conference series dedicated to the office (role) of courts in different legal contexts and from a multidisciplinary approach.

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 variety of issues from a comparative perspective combining theoretical and practical approaches. The topics address issues of jurisdiction, various aspects of private international law (e.g. cross-border service of documents, taking of evidence, arbitration agreements, Brexit, applicable law in non-contractual obligations, corporate social responsibility), available remedies, and the harmonisation of procedural rules.

The Director of the School, Prof. Michele Angelo Lupoi, has invited experts from different jurisdiction (see here) to lecture on several aspects of private international and procedural law. The programme of the Summer School is available here.

The Summer School is aimed at law students as well as law graduates and law practitioners who want to obtain a specialised knowledge in the complex and fascinating area of international civil procedure.

The lectures are likely to be held in a hybrid form – in presence and online – in respect of the applicable rules and advice.

More information about the Summer School and the registration can he found here.

On 15 and 16 April 2021, the GLaw Research Network (Maastricht University) will host an online workshop on Article 47 of the EU Charter and effective judicial protection: The Court of Justice’s perspective.

Senior and junior academics specialising in EU law will discuss various aspects of the impact of Article 47 Charter on the EU constitutional order. On the first day of the workshop, the presentations will cover constitutional aspects of Article 47 of the EU Charter. On the second day, the speakers will discuss the application of this provision in selected EU policy areas.

The principle of effective judicial protection is one of the cornerstones of the EU legal order. Mentioned by the Court of Justice for the first time in the 1980s, and originally emanating from Articles 6 and 13 ECHR, this principle had a pivotal role in ensuring access to adequate remedies to protect the rights deriving from Union law. Since its inception, this principle was linked also to the protection of the rule of law, one of the founding values of the EU. Effective judicial protection is therefore one of the facets of the EU constitutional identity.

Following the entry into force of Lisbon Treaty, this principle has been constitutionalised in Article 19 TEU and Article 47 of the EU Charter of Fundamental Rights, the latter laying down the right to an effective remedy and to a fair trial. Currently, Article 47 of the EU Charter is the most invoked EU Charter provision before national and EU courts. Article 47 Charter has also been at the centre of recent EU jurisprudence on the protection of the rule of law in the EU. This case law has confirmed the pivotal role of effective judicial protection in the EU architecture. It is not an overstatement that Article 47 is almost ‘omnipresent’ in the EU judgments as a result of a growing number of preliminary rulings and direct actions regarding the application of that provision. Novel questions thus arise regarding the impact of Article 47 Charter on the EU constitutional order, which require scientific observation and reflection. 

On 26 and 29 March 2021, the European Commission will host a webinar on the use of artificial intelligence technologies in the field of justice.

This will be the first in a series of events, which are a follow-up to the Communication of the Commission itself on the Digitalisation of Justice in the European Union of 2 December 2020 (reported here on this blog).

The topic of the first webinar is the Anonymisation and pseudonymisation of judicial decisions.

The webinar will bring together representatives of the academia, the private sector and the Member States with the aim to further discussions, in particular on publication of judicial decisions practices, including online publication, provision of judicial decisions as open data, approaches towards the protection of personal data, techniques for anonymisation and pseudonymisation of judicial decisions, existing projects and solutions at the national level and solutions available on the market…

Speakers include Eero Hyvönen (Aalto University and University of Helsinki), Monica Palmirani (University of Bologna), Edita Gruodytė (Vytautas Magnus University) and Louis Béziaud (University of Rennes).

The full program is available here. For the web streaming service see here (26 March) and here (29 March).

Based on the priorities defined for the Portuguese Presidency of the Council of the European Union in the area of Justice, the Ministry of Justice of Portugal will host on 30 March 2021 a conference under the title Protecting Vulnerable Adults Across Europe – The Way Forward.

The relevance of private international law – and, specifically, the Hague Convention on the International Protection of adults – to the realisation of the fundamental rights of adults with disabilities features among the key topics of the conference.

Speakers include Salla Saastamoinen (Directorate-General for Justice and Consumers, European Commission), Zampia Vernadaki (Secretariat of the JURI Committee, European Parliament), Philippe Lortie (First Secretary, Hague Conference on Private International Law), and Jean-François de Montgolfier (Ministry of Justice, France).

Older persons, people with physical, intellectual, sensory or psychosocial impairments, and victims of hate crime or gender-based violence are among those adults who may face particular challenges in exercising their rights, defending their interests and accessing justice in civil and criminal proceedings.

Cross-border situations may further exacerbate these issues by creating additional obstacles with respect to language, representation and differences in national legal systems. This can particularly affect ‘vulnerable’ adults wishing to exercise their right of freedom of movement within the Union. In addition, the COVID-19 pandemic has increased the difficulties that this population faces.

These challenges affect a significant proportion of the European Union’s population. European societies are ageing and Eurostat expects that, by 2050, one-fifth people in the EU will have some form of impairment. This is likely to result in an increase in the numbers of people who may need support to protect their interests and participate on an equal basis with others in civil and criminal proceedings.

Since 2008, initiatives in the area of civil law have promoted the ratification of the 2000 Convention on the International Protection of Adults and discussed how to improve its application. Yet the overall situation in the EU remains far from satisfactory.

In the area of criminal law, the new EU Strategy on Victims’ Rights 2020-25 recognises the need to explore how to enhance the protection of adults in vulnerable situations.

In addition, since 2018, all EU Member States – and the EU itself – are States Parties to the UN Convention on the Rights of Persons with Disabilities.

As the protection of ‘vulnerable’ adults is one of the priorities of the Portuguese Presidency of the Council of the EU in the area of Justice, the Portuguese Ministry of Justice, the European Commission and the European Union Agency for Fundamental Rights (FRA) are organising a virtual High-Level Conference on 30 March 2021.

This event provides an opportunity to reflect on the current situation and look ahead to what steps are necessary to ensure that all members of our diverse societies can enjoy their fundamental rights, including equal access to justice, in practice.

Attendance is free. The practical information to attend may be found here. See here for general information on the event, including the detailed programme.

On 5 February 2021, a seminar entitled ‘The Netherlands, a forum conveniens for collective redress?’ was organised by the Amsterdam, Maastricht and Tilburg Universities, together with the Open University. A brief account of the seminar will appear in the Dutch Journal on PIL, NIPR. Experts addressed procedural and private international law features in European and particularly Dutch mass claims.

One panel discussed PIL instruments needing rules on collective actions and settlements as featured in an earlier post on this blog. Another panel reviewed legal standing under the Directive on representative actions in the cross-border context (Directive 2020/1828) and was moderated by Ianika Tzankova (hereinafter, IT).

Paulien van den Grinten (PG) from the Dutch Ministry of Security and Justice, Axel Halfmeier (AH) from Leuphana University and Vincent Smith (VS) from BIICL participated in the panel discussion. Below follows a shortened record of their exchange.

Introduction

IT: The Dutch approach to certification or admissibility in collective redress comprises two distinct questions:

  1. Who has standing to sue? The answer is: In general, designated and ad hoc entities that meet strict criteria (stricter perhaps than some of the criteria that the designated entities need to meet under the Directive in terms of governance, conflict of interest and financial capabilities); and
  2. Is the entity admissible? Note that both ad hoc established and designated entities are subject to the test that relates to their ‘admissibility’ in relation to the particular matter.

Since ad hoc entities play an important role in collective redress in the Netherlands also in the international context the question is, how the new Directive will impact the activities of these entities. One could think of several points that arise:

– When could Dutch ad hoc established and certified organisations be acknowledged before the courts of other Member State (MS)?

– The Dutch admissibility test seems to be more onerous than the Directive’s requirements. Will that impact the admissibility of foreign designated entities in the Netherlands?

– Will judgments in collective redress obtained by Dutch ad hoc established and court approved entities be recognised abroad?

Ad hoc Entities

IT: A central role in the Directive is given to so-called ‘qualified entities’. Perhaps we should first explain what ‘cross border’ and ‘designated entities’ mean in the context of the Directive…What is a ‘cross border action’ under the Directive? And what is a ‘designated entity’?

PG: Designated entity in the Directive refers both to entities designated in advance to be placed on the list and to the entities designated via acceptance by the court in a specific collective action.

AH: Cross-border action is defined in Article 3(7) Directive 2020/1828 and has nothing to do with other facts of the case. It is defined as a situation where a qualified entity sues in a MS that is not the MS in which that entity has been designated. For example, if a German entity files in the Netherlands against a Dutch company in the interest of Dutch consumers, this is a ‘cross-border action’.

IT: Apparently there was little support at EU level to incorporate the Dutch model of collective redress, where ad hoc entities play an important role, including in collective matters with an international dimension (Trafigura, Petrobras, VW, Salesforce, Shell, Fortis, Converium etc). The philosophy was to follow in that respect the Injunctions Directive, where only ‘designated entities’ placed on a list were given a role in cross border matters. What do you think of that approach?

VS: One of the major issues with this would be under the Brussels Ibis Regulation. If a national court (e.g. in Amsterdam) appoints an ad hoc entity then, under Brussels Ibis, although the judgment of the Dutch court is supposed to be recognised in all other MSs (and if there is no equivalent procedure, a MS has to provide one), judgments can be refused recognition on public policy grounds. So, a foreign judge could refuse to give full effect to the Dutch judgment, because the ad hoc entity (stichting) was not properly representative of the (international) class, and thus limit recognition (for example), for only Dutch residents were bound by the action, and not those in his forum State. The Directive avoids this by requiring recognition, but only for prequalified entities and only (outside the entity’s home State) on an opt-in basis.

PG: If the concept of recognition and enforcement under Brussels Ibis would be changed and become stricter due to the concept of a cross-border action under the Directive, that would have wide implications. This was surely not envisaged by the European legislator. The aim of limiting cross-border representative actions to actions started by entities placed on a list designated in advance was to prevent so-called ad hoc entities starting a representative action in another MS. The majority in the Council saw this as a way of protecting their courts. It had, however, nothing to do with a rejection of the Dutch national system with ad hoc entities as such. On the contrary, recital 28 of the Directive makes it clear that at a national level ad hoc organisations for a specific representative action designated by way of acceptance are allowed under Article 4 of the Directive. I do not see that courts in another MS could refuse the recognition and enforcement of a judgment resulting from such action based on public policy.

IT: How often (to your knowledge) have the ‘designated entities’ under the Injunction directive in your respective jurisdictions made use of their powers to file actions in cross-border matters? And do you think we should be optimistic about the role of these entities under the Directive?

PG: Not aware of any. We do not know whether claiming monetary damages in a representative action under the Directive will lead to more cross-border cases.

 VS: (1) Not aware. In UK there are few designated entities; most consumer associations are campaigning bodies not equipped to litigate. The competition collective actions regime was amended in 2015 so that representative bodies no longer had to be pre-approved by the Minister before they could bring collective competition claims. Before then, only one organization (Which) had applied for designation under the previous (2002) regime, and had only brought one claim (unsuccessfully).

(2) One issue is the body’s objects (purpose). The likely candidates are mostly charities, the UK charities regulator requires them to adhere to their objects and many of them are limited to UK actions. In UK competition ‘class actions’ so far all the representatives have been individuals (with litigation funding). In contrast to other common law ‘class action’ jurisdictions, however, they have generally been individuals with significant practical/professional experience related to consumer protection. For example, the current Mastercard collective action is headed by a Chief Financial Services ombudsman.

AH: Cross-border actions are rare in Germany. A remarkable recent exception was the action brought by an Italian consumer association (Verbraucherzentrale Südtirol) against Volkswagen in the interest of Italian buyers of cars in the Diesel emissions scandal. However, this is not an injunctions action, but one brought under the German ‘model declaratory action.’ The German consumer association (VZBV) had used this instrument in their own action on behalf of German consumers but had explicitly refused to represent foreign consumers.

Pre-approved (Designated) Entities

IT: So, what you are all saying is that there is no reason to believe that the designated entities will be active in practice. That is not a cheerful news for consumers. However, there must be good reasons why the EU has done this. Let us explore the advantages and disadvantages of granting standing in collective redress in cross-border actions only to pre-approved (designated) entities.

Advantages:

PG: MS courts know that every entity from another MS starting a procedure before its courts meets the harmonised requirements for designated entities, thus making mutual recognition of such entities less problematic.

PG: MS of origin is best placed to test whether an entity meets the harmonized requirements.

Disadvantages:

PG: Some requirements are difficult to test in theory without a collective claim.

PG: It might lead to circumvention of national requirements, as they are stricter.

VS: Many such entities will need to amend their objects.

IT: The Dutch experiences with collective actions (25 years) show that there may not always be such pre-existing entities, when needed, willing to fund such actions in which case the ad hoc established ones fill in that gap. Absent such entities there might be an access to justice deficit.

Funding

IT: And what about funding of designated entities and of collective redress? Articles 10 and 20 of the Directive deal with that, the first one dealing with TPF and the second one with lifting financial restrictions for designated entities.

IT @ PG: You assisted the Dutch government with the Directive and must have some insight. Why are there two separate articles on a related topic? How are non-profit organisations supposed to file this type of (costly) action in their jurisdictions?

PG: The original Commission proposal contained an Article 7 on funding and an Article 15 on assistance of qualified entities. Even though Article 7 was deleted and Article 15 was redrafted, a new provision on funding was reinstated as Article 7, but became Article 10 (and Article 15 became Article 20) in the final text. The importance of Article 10 is twofold: for those in favour of allowing third party litigation funding for representative actions, Article 10 makes it clear that funding is allowed under the Directive on strict conditions. For those against allowing third party litigation funding for representative actions, the wording of Article 7 serves to restrict the conditions under which such funding is allowed. Still, the wording is opaque for those who did not participated in the negotiations. Especially the reference made to in Article 10(2)(b) that a third party funder may not fund a representative action against a defendant which is a competitor of the funder or against a defendant on whom the funder is dependent, gives rise to interpretation questions. What is the rationale behind these provisions? Recital 52 gives clues about the rule prohibiting the funding against a competitor. A trader acting in the same market is considered to have a conflict of interest “since the competitor could have an economic interest in the outcome of the representative action, which would not be the same as the consumers’ interest”. The concern of the European legislator was that the representative action might become an instrument to harm a competitor rather than serve the interests of the consumers. As regards the funder, who is dependent on the defendant the concern of the European legislator is the reverse: such funder might be so dependent on the defendant that its actions are based on the interests of the defendant rather than the interest of the affected consumers.

IT @ AH: what is the view and position on funding of designated entities in Germany?

AH: In Germany, the “Verbraucherzentralen” are maybe the most active designated entities, including their federal association, the VZBV. These are mainly government-funded. In particular, the VZBV received extra money and extra funding of staff to specifically bring the new ‘model declaratory actions.’ So, we are looking at entities that are formally private law associations, which are more like outsourced parts of the government administration. We will see whether this will create future conflicts of interests. Hitherto government financing has not stopped them from bringing cases against (partly) State-owned companies such as VW, but this action was politically supported. There are close ties between the VZBV and the German government.

IT: This is interesting, but this potential issue was apparently not addressed in the Directive. It looks like the focus on potential conflicts of interest in the Directive is entirely on actions that are TPF-ed. Correct?

PG: yes, this seems to be the case. The Directive is limited to actions by consumers for infringements of EU-instruments placed on the list of Annex 1. Representative actions under the Directive will be between a qualified entity as claimant and a trader as the defendant. With the exception of the GDPR, the government is not a likely party in such actions. Conflicts of interest regarding the government were not seen as a point of concern in the negotiations for most MS or the Commission/EP. However, for the Netherlands it was in fact, a point of concern both regarding the designation of qualified entities and financial support to qualified entities. This concerned the broad scope of the Dutch mechanism for collective redress which is not limited to consumer actions. In the Netherlands around 40 % of all representative actions are against the Dutch government as defendant.

Insight into the Negotiations

IT @ PG: What considerations brought us to where we are and what were the most controversial issues during these negotiations? I am puzzled by the fact that actual experience does not seem to count for much in such negotiations: the MS have on the one hand no or disappointing experiences with the system of ‘designated entities’ under the Injunctions Directive and there are better experiences under the Dutch regime, that allows both type of entities (for over 25 years). Did this play any role in the negotiations? What evidence was produced?

PG: At the start of the negotiations in 2018, some MS had a collective redress system in place, others were working on it and some MS did not have any mechanism for collective redress. Throughout the negotiations more MS started legislative projects on collective redress in various shapes and forms. The Netherlands had pending legislation when the negotiations started. In the preparation for Parliamentary process we unearthed many issues relevant to the Directive. Real experience was largely irrelevant in the negotiations – it was easier for us with a collective redress mechanism to indicate difficulties in the Directive. By the late 2019, the Dutch WAMCA had become law. The result of this was that the Directive and the Dutch WAMCA are compatible. The Directive leaves enough room to accommodate MS’s national systems, e.g. designating ad hoc entities as qualified entities and the possibility for both opt out and opt in mechanisms. For some other aspects the provisions of the Directive match those of the WAMCA perfectly, e.g. the court can reject a claim at inception if it is manifestly unfounded, can be found both in Article 7(7), of the Directive and in Article 1018c, par. 5 (c). Therefore, the WAMCA will be the Dutch collective redress mechanism under the Directive without having to change. However, we do have to provide for a procedure for entities to be placed on the list predesignated for cross border actions. The Article 10 funding provisions seem to be more detailed than the WAMCA. We may have to exclude competitors or someone dependent on the defendant to acts as funder.

 AH:  Little of the discussion about collective actions is evidence-based. ‘Abusive’ litigation seems unlikely. On the contrary, the experience in Germany shows that almost all such actions are well-founded and not frivolous. Even if we look at the empirical data in the U.S., we clearly do not find the ‘abuse’ scenario that is often painted on the wall.

IT @ PG: What were you most proud of in the negotiations? What were you most frustrated by, also in view of the fact that Dutch ad hoc spv’s seem to need to meet much stricter criteria than the EU ‘designated entities’ in terms of governance, conflict of interest and funding capabilities and yet they are being perceived as somehow of a ‘lower rank’ in cross-border matters? Who will be in charge in the Netherlands in appointing designated entities?

PG: The biggest achievement was European legislative result on collective redress at all, obliging every MS in Europe to have a collective redress mechanism for consumers. Making a distinction between national collective and cross-border collective redress brought a breakthrough in the negotiations. Accepting that for cross border cases we have to work with a list of entities designated in advance with harmonised criteria, meant that the Netherlands – and others, like Germany – could preserve their national system. Even though the harmonised criteria may look different or less strict than the criteria under the WAMCA, the rationale behind the criteria are very similar. There are practically no criteria in the WAMCA which do not meet one of the criteria in Article 4 of the Directive. E.g. the obligation in Article 3:305a (2) of the WAMCA to have a governance structure with a supervisory board can be seen as the implementation of the obligation in Article 4, par. 3, (e) to be independent and to prevent a conflict of interest. We intend to make the Dutch ministry of Justice and Security responsible for the list of entities designated in advance for cross border actions. One of the more difficult issues in the negotiations in the Council was that of the concept of standing of a qualified entity on the one hand and the civil procedural concept of the admissibility of a specific representative action on the other. To underline that distinction the Directive contains several references to the procedural autonomy of MS and the room for courts to perform an admissibility test in accordance with their national law, e.g. in Recital 12 and Article 7(3).

Non-Dutch Perspectives on the Directive – And on Dutch Collective Redress

IT: Apparently one can speak of ‘Dutch exceptionalism’ in the context of EU collective redress. Let us hear non-Dutch perspectives on the EU Directive and on Dutch collective redress.

IT @ AH and VS: What is your take on the issues? In view of the sectoral approach in your respective countries versus the Dutch horizontal one? Are there any other issues that you identify in that context?

AH: I think there are some open issues regarding the EU Directive’s rules on standing on the one hand and individual Member States’ rules on admissibility of collective actions on the other. For example, if Dutch law would be restrictive in allowing foreign designated entities to sue, this could possibly violate Article 6(1) of the Directive that basically requires Member States to accept cases brought by designated entities from other Member States. For example, if a designated entity from EU Member State X sues a Dutch company before a Dutch court, but with respect to that company’s activities in Member State X and in the interest of consumers in Member State X, I think that the Dutch court would have to hear the case. It is also interesting that the Directive in its Article 5(4) allows the defendant trader to raise objections against the legitimacy of the designated entity with regard to the Directive’s criteria. But the Directive is silent on the procedure in such a case: Should the action be stayed until the home Member State of the designated entity has decided about such concerns? With regard to Germany, the German government worked hard to avoid ad hoc entities in the Directive and has succeeded in this regard. But there may be some more room now for foreign entities to sue in Germany under the Directive.

PG: As regards AH’s example, I think a Dutch court would accept that this foreign entity has standing. Accordingly the new Directive is no different from the current one for actions to obtain injunctions, be it that the foreign authorities at least have had to apply the harmonised criteria in order to place this entity on the list. In that respect it offers a better safeguard than now. Furthermore, accepting legal standing does not mean that the admissibility of the specific claim cannot be tested by the court. E.g. the Dutch court may still check whether the claim brought by the designated entity sufficiently safeguards the interests of the claimants and whether the entity has means to finance the claim.

VS: UK experience with the sectoral regime for collective competition (anti-trust) claims is still young, but developing. However, there are some clearly emerging issues which will also likely arise when implementing and applying the Directive:

It is modelled on the (horizontally applicable) Canadian regime, so we have a model to follow for the tricky questions. Even though there are differences between the EU and Dutch regimes, the Dutch experience will still be valuable for MS courts wanting to find an answer to issues not expressly dealt with in the Directive or national implementing legislation. The Dutch regime has many similarities with what is required under the Directive and, I think is likely to be used as a model by others.

A ‘class’ action doesn’t work so well for non-economic loss (eg injury due to clinical negligence etc) due to widely differing circumstances, whereas the Dutch settlement element was set up to deal with exactly that situation.

A sectoral approach could lead to borderline cases — e.g. claims pretending to be about consumer law, when they are in reality competition law cases, which are not covered by the Directive.

Also, it may be difficult to tell in many cases whether a case is about breach of EU law or national law. For example, in the consumer protection and environmental protection fields, EU law is mostly contained in Directives which are then implemented by the MS. So, the ‘consumer’ (claimant) will only immediately see a breach of legal norms in his national legislation. For many, working out whether their claim is in fact based on EU law may be unnecessarily difficult.

PG: Yes, to me this is a key observation and is why we want the Dutch WAMCA to be our system under the Directive, meaning that there will still be only one system in the Netherlands.

Is the Directive a Threat to Dutch Cross-Border (Consumer) Actions?

IT @ all: To circle back at the beginning of our discussion, do you think that the limitation on standing to pre-approved entities in the new EU Directive is a threat to Dutch cross border (consumer) actions, what is your final word on that?

VS: In my view the ‘threats’ to cross-border actions by qualified entities are mainly that they do not have the experience in doing this and that their purpose may be national rather than international. The EU level umbrella bodies might be better placed (e.g. BEUC) but they would have to be recognized by a national authority (lots of applications for designation to the Belgian authorities in Brussels?). So, the most important aspects I think are willingness of national authorities to recognize the few international ‘entities’ who might want to do this – not specific to the Dutch situation, I think, and a willingness/expertise in acting cross-border.

PG: I agree. Let’s not forget that since the entering into force of the Injunctions Directive not a single cross border action was ever started in the Netherlands or elsewhere until last year’s action against VW. It is cumbersome and might be very expensive having to start a case in another jurisdiction, working with foreign lawyers etc.

AH: One of the areas in which the Directive is really a step forward is third-party funding of litigation. In Germany, there is considerable uncertainty after some court decisions that prohibited this as being immoral in relation to a certain type of consumer associations’ actions. We now have the language in Article 4(3) e of the Directive, which certainly is a compromise, but at least shows that TPF cannot be completely prohibited, but needs to be regulated and looked at in more detail. In general, I think that the Dutch courts will remain an attractive forum for cross-border collective actions, and I expect that the Netherlands will remain the innovation leader in this field.

IT: Thank you very much for sharing your views and insights on this fascinating and challenging topic.

Charlemagne Dagbedji (University of Corsica) organises a webinar (in French) titled “Effective Recognition of Non-Judicial Divorce” (L’efficacité internationale du divorce sans juge).

The webinar aims at assessing the international legal acquis on non-judicial divorce, with a special focus on the means to ensure its cross-border recognition. It requires to analyse private international law rules but also to adopt a comparative law approach and a practical perspective.

It will take place on 25 March 2021, 2 to 4 PM (CET).

The speakers are André Giudicelli (University of Corsica), Alex Tani (University of Corsica), Alain Devers (University of Lyon 3 & Lawyer at the Lyon Bar), Charlemagne Dagbedji (University of Corsica) and Sonia Ben Hadj Yahia (University of Corsica).

Program and registration here.

French Private International Law (“PIL”) has never been codified despite various proposals of codification in the last century (see for instance here and here). The growing European acquis of PIL and the idea of an European Code of PIL (see for instance here and more recently within the EAPIL here), as well as the numerous codifications in the field within EU Member States have probably contributed to a re-launch of the reflection, in particular among French governement officials.

An expert group has be appointed two years ago under the leadership of Jean-Pierre Ancel (former President of the first Chamber of the French Court of Cassation) to draft a project of French PIL Act.

Against this backdrop, Ludovic Pailler (University of Lyon 3) organises a webinar (in French) titled “Codification of French Private International Law in the European context” (La codification du droit international privé français à l’heure européenne).

It will take place on 18 March 2020, 2 to 5 PM (CET).

The speakers are Jean-François de Montgolfier (Director of the Civil Affairs of the French Ministry for Justice), Marc Cagniart (Notary, SCP Castiglione, Paris), Alain Devers (University of Lyon 3 & Lawyer at the Lyon Bar) and Emmanuel Putman (University of Aix-Marseille).

The program is available here.

Those wishing to attend the webinar may write an e-mail to marie.brossard@univ-lyon3.fr.

The author of this post is Ségolène Normand, Postgraduate Student in Private Law at the University of Valenciennes.


Digital technology has been investing all areas of society and its potential seems unlimited. At the global level, public institutions are progressively transforming in favour of eGovernment which involves rethinking both organisation and process, so that public services can be delivered online, quickly and at a lower cost for individuals and businesses (see for instance here). States are also investing massively in the digitisation of their justice system and national courts have to adapt to this new paradigm, irrespective of the type of disputes – domestic or cross-border – they are dealing with. Digitalisation has no borders.

Against this backdrop, the use of new technologies can facilitate the resolution of cross-border disputes, as it helps justice being faster, more accessible and efficient. The distance between courts and litigants may be removed by online hearings and proceedings. Digitalisation also makes cross-border judicial cooperation easier, in particular through the dematerialisation of circulation of procedural documents between courts, legal professionals and litigants. This trend has recently been illustrated by the recast of the Taking of evidence and Service Regulations (announced here) within the European Union (“EU”) and is one of the axioms of the modernisation of the European judicial area in civil matters (see here).

A seminar on Digital technology in family matters organised by the Academy of European Law (ERA) on 27 January 2021 gives me the opportunity to focus on digital justice in cross-border dispute resolution. What are the main tendencies of digital justice for international families worldwide? Does digitalisation lead to different ways and results in the legal and judicial treatment of family matters, as in other fields of private law?

On the one hand, digitalisation can contribute to promoting family mobility and ease dispute resolution. For instance, the translation of judgements by artificial intelligence (AI) may simplify the recognition of families’ documents in the receiving States. On the other hand, family legal issues often involve vulnerable parties and, therefore, deserve a specific attention within the process of digitalisation of justice.

This ERA seminar gave interesting insights on digitalisation of family justice, that I propose to share with the readers of the blog. The seminar brought together practitioners (professors, judges, lawyers, mediators…) from different jurisdictions, in order to present their national, as well as international experiences on digitalisation of family justice (1), the use of e-Codex in European cross-border procedures (2) and finally on legal tech and AI in family matters (3). The report is limited to some aspects of their contributions, with a private international law perspective.

1. Digitalisation of Family Justice

Several speakers presented various national digital progress in family law.

First, Annette Kronborg (Southern University of Denmark) screened the “mandatory digital application” and the “recovery of maintenance obligation” in Denmark. Unlike other Members States, Denmark introduced early the digitalisation in the family justice system. In fact, the first policy paper on digitalisation was introduced in 2001. The establishment in 2014 of a “mandatory digital application” introduced a digital communication between citizens and public authorities through a software application. And since 2015, a new digital authority has been centralising maintenance debts. But, according to the speaker, it must be reformed to be more efficient.

Second, Bregje Dijksterhuis (Molengraaff Institute for Private Law) explained the online divorce proceeding in the Netherlands. Thanks to “Rechtwijzer”, spouses can divorce online. It is up to them to decide what type of measures for their divorce they want. The project is a success for the user; nevertheless, lawyers criticise the lack of information on spouse’s rights.

Third, Yuko Nishitani (Kyoto University) presented the project of online marriages and divorces in Japan. Indeed, since the pandemic, Japan’s authorities plans to digitalise marriage and divorce as well as replace traditional administrative (paper) documents. Moreover, Japanese authorities envisage a legislative reform following the Resolution of European Parliament of 8 July 2020 on the international and domestic parental abduction of EU children in Japan. Since there is no possibility under Japanese law to obtain shared or joint custody, there is a significant number of unsolved parental child abduction cases where one of the parents is an EU national and the other is a Japanese national.

2. E-CODEX and Cross-border Proceedings

Joanna Guttzeit (Judge at the District Court Berlin & Liaison Judge of the International Hague Network of Judges and the EJN in Civil and Commercial Matters) focused on cross-border family procedures and online hearings.

In the EU, the general statutory duty to hear in-person the participants to the proceeding (especially children) for family courts can lead to the refusal of recognition for judgements in the field of parental responsibility in case of online hearings. This results from Article 23 of the Brussels II bis Regulation. Traditionally, families travelled to the courts to be heard. But with the advent of new technologies, family courts could proceed to online hearings if a family member is unable to travel. However, some EU Member States might refuse to recognise the judgment in such circumstances.

The pandemic speeds up online-hearing in many European countries, such as Spain, Poland and Germany. However, online hearing should be exceptional and never become the “normal rule”, in particular within proceedings implying children. The procedures have to guarantee the welfare of children. Some States, like Germany, are really strict on this point. This is the reason why the EU Members States should harmonise their procedures by following European guidelines.

Then, Cristina Gonzàlez Beilfuss (University of Barcelona) discussed digitalisation of cross-border judicial procedures.

Undeniably, the pandemic shows that digital development in Europe could be a real opportunity to improve cross-border judicial cooperation. This is why the European Commission promotes national reforms in the field. The use of new technologies is, according to the Commission, the more efficient way to encourage exchanges between competent authorities in the area of mutual legal assistance. A vast majority of participants during the seminar, thought this communication should be predominantly digital in the future, while a minority thought it should be exclusively digital.

Actually, the main issue is the assessment of the legal effect or admissibility of the electronically determined document and the applicable law. It should be governed by the law of the requesting State. Pr. Gonzàlez Beilfuss proposed to harmonise the diffusion methods of electronic documents between the courts of the EU Member States to have a more predicable cross-border proceeding for international families. Regarding the legal effect, it cannot be denied on the sole ground that it is an electronic means of obtaining a judgment.

To conclude this session, Xavier Thoreau (Council of the European Union) presented e-CODEX and the new EU initiatives for the digitalisation of justice systems (here and here).

E-CODEX is a project established by the European Commission, in order to facilitate secure exchanges of data between legal professionals and litigants in different EU Member States. It consists of a package of software components that enable the connectivity between national systems. In cross-border proceeding, e-CODEX allows to establish a bridge between national systems. For the Commission, e-CODEX is the reference for secure digital communication in cross-border legal proceedings.

More than half of the participants rarely or never received in the context of their legal practice requests in electronic format by e-CODEX. According to Xavier Thoreau, this is problematic and shows that EU ambition to use the e-CODEX system to support national digitalisation of cross-border as well as domestic justice may take a long time. This is also supported by the fact that the EU has only a “subsidiary jurisdiction” in domestic family procedure.

3. Legal Tech and Artificial Intelligence in Family Matters

Markus Hartung and Ulrike Meising (lawyers) presented with Alan Larking (Family Law Patners, Brighton) the potential of AI and legal tech in the lawyer’s work.

AI and legal tech are great tools to help lawyers. From now on, they have an unlimited access to the law. In particular, they have an easier access to the law of other Member States, which is useful in the presence of foreign components in legal disputes. Increasingly, online applications with algorithms rank the dispute resolution models. For example, some law firm websites provide clients with a form to fill in online and an algorithm proposes a legal solution. Digital cross-border dispute resolution is possible since online applications are capable to adapt to each family model. However, a lawyer should always control the solution introduced by the algorithm.

Finally, Bérénice Lemoine (Council of the European Union) concluded with some thoughts on legal tech in family matters. Yet, the development of digitalisation of family justice in Europe is still far from uniform. For instance, only 24% of EU Member States integrate the issuance of “multilingual standard forms” of the Regulation on Public Documents, whereas in 54% of Member States, the possibility does not exist. Indeed, European citizens are not required to provide an official translation of family documents. They can ask the authorities of the EU country that issued their document to provide a “multilingual standard form” to facilitate its recognition in the receiving State. In the same vein, in 15% of Members States, official court documents cannot be served electronically on citizens and businesses. And for a third of them, evidence submitted in digital format is not deemed admissible. According to Bérénice Lemoine, it is not only necessary to encourage Member States to use already available legal tech and quickly develop them, but also to start the digital Justice transformation in those States which are less advanced, with the aim of having a more efficient resolution cross-border family procedure. For that, the EU offers a financial support (see Tool 1 of COM/2020/710 final).

 

 

As announced earlier on this blog, the Private International Law Interest Group of the Italian Society of International Law and EU Law organises a series of webinar titled Private International Law in Europe: Current Developments in Jurisprudence.

The webinar scheduled to take place on 19 February 2021 on State Immunity and Jurisdiction in Civil and Commercial Matters in Recent Court of Justice Rulings, with Alexander Layton and Lorenzo Schiano di Pepe has been rescheduled. It will take place on 1 March 2021, 4 to 6 PM (CET).

To attend the webinar, please write an e-mail to sidigdipp@gmail.com.

On 22 February 2021, from 5 to 7 pm CET, the Catholic University of the Sacred Heart in Milan will host a webinar titled The Fundamental Rights of Persons with Cognitive Disabilities in Cross-border Situations – Time for Italy and Spain to Join the Hague Adults Convention.

The Hague Convention of 13 January 2000 on the International Protection of Adults is currently in force for thirteen States. As the Hague Conference on Private International Law is preparing to host a Special Commission to review the practical operation of the Convention, scheduled to take place in 2022, other States – including Italy and Spain – are considering ratification.

The purpose of the webinar is to give an account of the domestic rules of private international law governing the protection of adults in Spain and Italy, and explore the benefits that joining the Convention would entail in the two countries for the adults concerned, the competent authorities and legal practitioners, including notaries.

In carrying out this exercise, regard will be had, in particular, to the experience of Portugal, which became a party to the Convention in 2018.

The organisers also seek to collect the views of stakeholders, notably human rights organisations with a focus on the rights of those with cognitive disabilities, regarding the issues surrounding the protection of such rights in cross-border situations, and the role that the Convention may play in enhancing such protection.

Speakers include Philippe Lortie (First Secretary of The Hague Conference on Private International Law), Salomé Adroher Biosca (Comillas Pontifical University), Pietro Franzina (Catholic University of the Sacred Heart) and Geraldo Maciel Rocha Mendes Ribeiro (University of Coimbra).

Attendance is free. No prior registration is required.

For more information, including the link to access the webinar, see here.

The Private International Law Interest Group of the Italian Society of International Law and EU Law has organised a series of webinar, most of which will be conducted in English, under the title Private International Law in Europe: Current Developments in Jurisprudence.

The programme is as follows:

29 January 2021, 4 to 6 PM (CET): Limiting European Integration through Constitutional Law? Recent Decisions of the German Bundesvarfassungsgericht and their Impact on Private International Law – Speaker: Christian Kohler (Univ. Saarbrücken); Discussant: Giulia Rossolillo (Univ. Pavia).

19 February 2021, 4 to 6 PM (CET): State Immunity and Jurisdiction in Civil and Commercial Matters in Recent Court of Justice Rulings – Speaker: Alexander Layton (King’s College London); Discussant: Lorenzo Schiano di Pepe (Univ. Genova).

12 March 2021, 4 to 6 PM (CET): La trascrizione dell’atto di nascita nella recente giurisprudenza della Corte costituzionale italiana – Speaker: Sara Tonolo (Univ. Trieste); Discussant: Elena Rodriguez Pineau (Univ. Autonóma Madrid).

9 April 2021, 4 to 6 PM (CET): Law Governing Arbitration Agreements in a Recent Judgment of the UK Supreme Court – Speaker: Adrian Briggs (Univ. Oxford); Discussant: Pietro Franzina (Catholic Univ. of the Sacred Heart, Milan).

23 April 2021, 4 to 6 PM (CET) (TBC): Jurisdiction in Matters Relating to Cross-Border Torts according to the Recent Volkswagen Judgment of the Court of Justice – Speaker: Giesela Rühl (Humboldt Univ. Berlin); Discussant: Fabrizio Marongiu Buonaiuti (Univ. Macerata).

More information available here.

On 11 January 2021, the Tax and Law Department of HEC Paris will host an online workshop titled What future for Cross-Border Small Claims?

The event will involve a keynote speech by Elena Alina Ontanu (Erasmus University Rotterdam) and a presentation of the guidelines on the European Small Claims Procedure Regulation (ESCP) that have been produced in the context of the SCAN Project, co-funded by the European Union. The objective of the workshop is to disseminate information about the ESCP in order to help consumers and other stakeholders to use this procedure.

The workshop is organized in the framework of the EU-financed project SCAN – ‘Small Claims Analysis Net’, aimed at studying the flaws and implementation issues regarding the ESCP.

The programme of the event and the registration form are available here.

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 Private International Law earlier this year.

The English abstract of the work reads:

Individualism is one the characteristic features of modern legal theories. The emergence of individualism has so profoundly altered the meaning of the judicial phenomenon that it may be considered as the decisive factor in the evolution from a classical to a modern conception of the Law. This evolution is the product of a substantial mutation of our vision of the world, inextricably linked to a change of philosophical paradigm. The analysis of this evolution is essential not only to the understanding of the meaning of the Individualism doctrine but also to apprehend its main repercussions. International private Law has also been influenced by this evolution. The Conflict of Laws doctrine is necessarily based on a specific conception of the Law itself. Thus, the emergence of the individualistic approach of the Law undoubtedly has decisive consequences on this field: the methods used to solve conflicts of laws have evolved while the goals have been substantially altered. The Conflict of Laws doctrine is now structured toward the sole analysis of individual interests. This new feature is radically opposed to the balance that characterized the classical approach of Conflict of Laws. In order to reveal the extent of the implications of the Individualism on this field, a study of the concept within the Conflict of Laws doctrine is necessary.

The table of contents of the thesis is available here.

A video of the conference (in French) can be accessed here.

As readers of this blog know, the first EAPIL (Virtual) Seminar, devoted to the impact of Brexit on Private International Law, will take place tomorrow from 11 am to 1 pm (MET). For more information on the event, see here.

Registrations to the Seminar are now closed. The login details have been sent to the registered participants by e-mail this morning (if you can’t find our e-mail, please check your spam folder or get in touch with us at blog@eapil.org).

The University of Lyon (EDIEC-CREDIP) hosted a webinar (in French) under the title Situations in Motion : Debate on the Method, now available for online viewing.

Jean-Sylvestre Bergé (University of Côte d’Azur and French University Institute, IUF) presented his research project on Situations in motion and the Law, soon to be published in Q1 2021 (Dalloz). The webinar was co-chaired by Ludovic Pailler (University of Lyon) and Cyril Nourissat (University of Lyon) and organised by Marie Brossard and Véronique Gervasoni.

More details here.

The 2020 Annual Conference of the French Association for European Studies (AFEE) will focus on Family within the Legal Order of the European Union, based on a collective research led by academics and practitioners from different EU countries, which resulted in a book edited by Elsa Bernard (University of Lille), Marie Cresp (University of Bordeaux) and Marion Ho-Dac (University of Valenciennes), to be published soon by Bruylant.

This year’s conference will take place on 11 December 2020, in the form of a Zoom webinar, from 11.45 to 14.30 MET, with the participation of the book’s authors and other speakers. It will be preceded, starting on 7 December 2020, by the posting of a series of short videos devoted to the contributions in the book.

Attendance is free, but those interesting in attending are required to register by 9 December 2020, by sending and e-mail to aline.dherbet@univ-lille.fr.

Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law as well as its substantive (i.e. European citizenship, EU social policy, EU civil service…) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.

Contributors include: Katharina Boele-Woelki, Marlene Brosch, Christelle Chalas, Kiteri Garcia, Susanne Lilian Gössl, Loïc Grard, Víctor Luis Gutiérrez Castillo, Anastasia Iliopoulou-Penot, Beata Jurik, Hester Kroeze, Laure Lévi, Cristina M. Mariottini, Martina Melcher, Benjamin Moron-Puech, Marion Nadaud, Nicolas Nord, Cyril Nourissat, Ludovic Pailler, Nausica Palazzo, Amélie Panet-Marre, Etienne Pataut, Delphine Porcheron, Isabelle Rein Lescastereyeres, Sophie Robin-Olivier, Mathieu Rouy, Sandrine Sana Chaillé de Néré, Solange Ségala, Gaëlle Widiez et Geoffrey Willems.

As announced earlier on this blog, EAPIL will hold its first Virtual Seminar on 11 December 2020, from 11 a.m. to 1 p.m. (MET).

Devoted to the impact of Brexit on Private International Law, the seminar will feature speakers from the United Kingdom and the European Continent.

They will analyze the legal framework that will apply to cross-border cases in the short-term, i.e. as of 1 January 2021 when the transition period provided for in the Withdrawal Agreement expires. Speakers will also discuss what the future relationship between the EU and the UK could and should look like.

Special emphasis will be placed on the question of whether the EU and the UK should strive to adopt a new – bespoke – bilateral agreement (or whether it should simply join existing international conventions).

The speakers of the first session, on civil and commercial matters, will be Alexander Layton (Twenty Essex Street Chambers, London), Eva Lein (University of Lausanne) and Michiel Poesen (KU Leuven).

In the second session, Sir Andrew Moylan (Court of Appeal of England and Wales), Pietro Franzina (Catholic University of the Sacred Heart, Milan) and Anatol Dutta (Ludwig Maximilian University Munich), will focus, instead, on family matters.

Register here if you wish to discuss with us.

Registered participants will receive the details to join the seminar on 10 December 2020.

On 23 November 2020, at 9 am MET, the Université Côte d’Azur will host, via Zoom, the final conference of the EU co-funded research project called En2Bria – Enhancing Enforcement under Brussels Ia.

The topics addressed include: transport matters and Article 67 of the Brussels I bis Regulation (Rosario Espinosa Calabuig); Article 67 of the Brussels I bis Regulation and Directives in special matters (Laura Carpaneto); GDPR, International Treaties Concluded by the EU, and “Optional Regulations” (Stefano Dominelli); Connections, disconnections and fragmentation in international civil procedure (Paula-Carmel Ettori, Jessica Sanchez and Chirouette Elmasry).

The full programme, together with further details, can be found here.

Attendance is free. Those interested may write to Giulio Cesare Giorgini at giulio-cesare.giorgini@univ-cotedazur.fr to obtain a link to access the platform.

The fourth online public workshop on Private International Law after Brexit from global, European, Commonwealth and intra-UK perspectives, organised by Paul Beaumont (University of Stirling), Mihail Danov (University of Exeter) and Jayne Holliday (University of Stirling), will be held on 26 and 27 November 2020.

Speakers include Reid Mortensen (University of South Queensland), Mihail Danov, Susanne Goessl, Ruth Lamont (University of Manchester), Fausto Pocar (University of Milan), Jonathan Harris QC (King’s College London), Lord Mance (former UK Supreme Court Judge), Ardavan Arzandeh (University of Bristol), Giuditta Cordero-Moss, and Paul Beaumont.

The following topics, among others, will be discussed: The opportunities of Brexit for the development of Private International Law in the Commonwealth; Connecting factors in Private International Law – A global perspective; Pluses and minuses of the UK being a party to the Lugano Convention after Brexit; Resolving Conflicts of Jurisdiction after Brexit at a global level; The Hague Adults Convention 2000 and the role of the UK and the EU in the Hague Conference after Brexit; Private International Law of Arbitration – A global perspective and the impact of Brexit on arbitration in the UK.

Further information available here.

An online workshop under the title Private International Law in the UK after Brexit (Commercial focus) will take place on 19 and 20 November 2020, hosted by Paul Beaumont (University of Stirling), Mihail Danov (University of Exeter) and Jayne Holliday (University of Stirling).

This is the third of four public workshops funded by the Arts and Humanities Research Council, on Private International Law after Brexit from global, European, Commonwealth and intra-UK perspectives.

Speakers include Jenny Papettas (University of Birmingham), Yvonne Baatz (Queen Mary University of London), Rob Merkin QC (University of Exeter), Tom Sprange QC (King & Spalding), Mihail Danov (University of Exeter), Mary Keyes (Griffith University), Christophe Bernasconi (Secretary General of the Hague Conference on Private International Law), Iain Mackie (Macfarlanes), Alex Layton QC (King’s College London and Twenty Essex), Barry Rodger (University of Strathclyde), Lindsey Clegg (Freeths), Omar Shah (Morgan, Lewis & Bockius LLP), and Nick Frey (Freshfields Bruckhaus Deringer LLP).

The full programme and the details to attend the workshop are available here.

On 16 November 2020, the JURI Committee of the European Parliament will vote on the draft recommendations for second reading on the proposed directive on representative actions for the protection of the collective interests of consumers, the proposed regulation amending Regulation No 1206/2001 of 28 May 2001 on cooperation in the taking of evidence in civil or commercial matters, and the proposed regulation amending Regulation No 1393/2007 on the service of judicial and extrajudicial documents in civil or commercial matters.

During the afternoon session, the JURI Committee will hold a Workshop on ”The 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction”, in the presence of the EP Coordinator of Children’s’ Rights, Ms Ewa Kopacz.

The workshop will mark the 40th anniversary of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and is aimed at examining assessing the success and importance of the Convention in ensuring the prompt return and thus the best interests of the abducted children. Against this background, the workshop will bring together Members of the European Parliament and a number of experts, practitioners and academics with a view to presenting the functioning of the Convention from the child’s rights dimension and pointing out ongoing issues with its implementation. The programme and two in-depth analysis on the topic can be downloaded here.

Both the voting and the workshop will be webstreamed.

The first EAPIL Seminar will take place on 11 December 2020, from 11 am to 1 pm (MET). It will be devoted to the impact of Brexit on Private International Law.

In short introductory statements speakers from the United Kingdom and the European Continent will analyse the legal framework that will apply to cross-border cases in the short-term, i.e. as of 1 January 2021 when the transition period provided for in the Withdrawal Agreement has expired.

In addition, they will discuss what the future relationship between the EU and the UK could and should look like. Special emphasis will be placed on the question of whether the EU and the UK should strive to adopt a new – bespoke – bilateral agreement (or whether it should simply join existing international conventions).

The speakers of the first session, on civil and commercial matters, are Alexander Layton (Twenty Essex Street Chambers, London), Eva Lein (University of Lausanne) and Michiel Poesen (KU Leuven).

The second session, on family matters, will feature presentations by Sir Andrew Moylan (Court of Appeal of England and Wales), Pietro Franzina (Catholic University of the Sacred Heart, Milan) and Anatol Dutta (Ludwig Maximilian University Munich).

The Seminar will take place via Zoom. Information about how to register will be announced in due course through this blog.

The EAPIL (Virtual) Seminar Series wishes to contribute to the study and development of (European) Private International Law through English-language seminars on topical issues. It will provide an easily accessible and informal platform for the exchange of ideas – outside the bi-annual EAPIL conferences. At the same time, it will serve as a means for EAPIL members to connect with other EAPIL members and non-members.

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 Ministry of Foreign Affairs), Ybo Buruma (Netherlands Supreme Court and Radboud University Nijmegen), and Jerker B. Svantesson (Bond University; Swedish Law & Informatics Research Institute, Stockholm University, Sweden and Masaryk University) will be discussing whether the concepts and ideas developed in the ‘predigital era’ still fit the digital world. In doing so the speakers will analyse whether international law (both public and private) is ready for the digital era or whether law has been a rather ‘fragmented follower of developments’ and we should be fundamentally rethinking a number of notions and approaches.

Marjolein Busstra and Wieteke Teeuwen will focus on International Law in the Context of Cyber Operations. Ybo Buruma will look at internet from the perspective of International Law and Cyberspace – Issues of Sovereignty and the Common Good. Finally, Jerker B. Svantesson will be discussing whether International Law [Is] Ready for the (Already Ongoing) Digital Age: Perspectives from Private and Public International Law.

Registration is open until 3 November 2000 at info@knvir.org.

The reports (preadviezen) prepared by the legal experts have been published in November by Asser Press under the title International Law for a Digitalised World. You can find more information about this here.

A webinar, organised by the Young EU Private International Law Research Network (an EAPIL activity), will take place on 16 November 2020, from 9.15 to 15.30. The webinar’s topic is Overriding Mandatory Rules in the Law of the EU Member States.

Speakers include Katarzyna Bogdzevič (Mykolas Romeris University), Stefano Dominelli (University of Genoa), István Erdős (ELTE), Uglješa Grušić (University College London), Holger Jacobs (University of Mainz), Martina Melcher (University of Graz, co-chair of the Network), Markus Petsche (Central European University), Ennio Piovesani (University of Turin/University of Cologne), Johannes Ungerer (University of Oxford), Tamás Szabados (ELTE, co-chair of the Network), Dora Zgrabljić Rotar (University of Zagreb).

The sessions will be chaired by Florian Heindler (Sigmund Freud University Vienna) and Eduardo Alvarez-Armas (Brunel University London).

The full of programme of the event is available here.

Attendance is free of charge, but those interested in attending are asked to register via email at youngeupil@gmail.com before 12 November 2020.

A free webinar on Access to Justice in cross-border Litigation: Lugano v. the Hague will take place on 27 October 2020, at 12.00 CET, organised by the UK Law Societies Joint Brussels Office.

The webinar aims at exploring the implications of the UK leaving the EU system of enforcement and recognition of judgments in civil and commercial matters on access to justice for citizens.

In particular, the speakers will examine what the future relationship of the UK and EU regarding the enforcement of judgments in civil and commercial matters will look like under both the Lugano Convention and alternatively, The Hague Judgments Convention. The panel will discuss the consequences of both scenarios on citizens and businesses.

The panellists are Philip Thorsen (Partner at Mazanti-Andersen Korso Jensen, Copenhagen), Christopher Deacon (Partner at Stewart & Stewart, London) and Guido Callegari (Partner at De Berti Jacchia Franchini Forlani, Milan).

The discussion will be moderated by Diana Wallis (University of Hull, former President of the European Law Institute and former Vice-president of the European Parliament).

More details and advance registration here.

The 2021 winter course of the Hague Academy of International Law will be held online from 11 to 29 January 2021.

One remarkable feature of the Academy’s winter courses is that they jointly cover topics belonging (or traditionally labelled as belonging) to both public and private international law.

The General Course will be delivered by Maurice Kamto under the title International Law and Normative Polycentrism.

Special courses include: Evidence in International Adjudication by Chester Brown, The Protection of Religious Cultural Property in Public and Private International Law by José Angelo Estrella Faria, and The Regulation of the Internet by Inger Österdahl.

The winter course’s full programme is available here.

Registration will open on 8 October 2020. Further information is available on the Academy website.

An online event titled Coordinating Brussels Ia with other Instruments of EU Law: A Roundtable on Theoretical and Practical Issues will take place on 24 September 2020, at 3 pm (CET).

The purpose of the event, organised by the Universities of Genoa, Nice, Valencia, and Tirana, is to present the first results of the investigation conducted under the EU co-funded research project En2Bria – Enhancing Enforcement under Brussels Ia, which aims to shed light on the terms whereby the relationship between the Brussels I bis Regulation and other EU law instruments is to be handled.

The conference will be chaired by Chiara E. Tuo (Univ. Genoa). Speakers include Jean-Sylvestre Bergé (Univ. Nice), Guillermo Palao Moreno (Univ. Valencia), Giulio Cesare Giorgini (Univ. Nice), Rosario Espinosa Calabuig (Univ. Valencia), Rosa Lapiedra Alcami (Univ. Valencia), Isabel Reig Fabado (Univ. Valencia), and Stefano Dominelli (Univ. Genoa).

See here for further information.

Those interested in attending the conference are invited to write an e-mail to Stefano Dominelli at stefano.dominelli@unige.it.

A series of webinars devoted to the Conventions of the Hague Conference on Private International Law will be offered from 16 to 18 September by the the Supreme Court of the Philippines, the Philippine Judicial Academy and the Department of Foreign Affairs of the Philippines.

Speakers include Christophe Bernasconi, Secretary General of the Hague Conference, Philippe Lortie, First Secretary of the Conference, and Ning Zhao, Senior Legal Officer at the Conference’s Permanent Bureau.

See here for more information available.

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 Garašić (University ofZagreb), Francisco Garcimartín (Autonomous University of Madrid), Edward Janger (Brooklyn Law School), John Pottow (University of Michigan), Bartosz Groele (Tomasik & Pakostewicz & Groele), Zoltan Fabok (DLA Piper Posztl, Nemescsói, Györfi-Tóth & Partners), Miodrag Đorđević (Supreme Court of the Republic of Slovenia), Leif M. Clark (former US Bankruptcy Judge), Simeon Gilchrist (Edwin Coe LLP), Renato Mangano (University of Palermo), Rodrigo Rodriguez (University of Lucerne) and Gerry McCormack (University of Leeds).

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 well as regulatory competition of company laws depend on clearly cut out rules designating the applicable substantive company law. It would thus seem an integral part of a functioning internal market to provide such conflict of laws rules. Regrettably, however, a ‘Rome IV’ Regulation, ie an EU conflict of laws code for companies, despite manifold initiatives, has not been adopted yet. Instead, the stage has been left to the Court of Justice of the European Union (CJEU), which in well-rehearsed case law from the Daily Mail (C-81/87) until the Polbud (C-106/16) decisions has developed a certain framework for corporate mobility, culminating, of late, in Directive 2019/2121 on cross-border conversions, mergers and divisions. One big shortcoming of the European status quo is that the piecemeal harmonisation acquired through these developments still leaves a fundamental question unanswered: which company law regime by default is applicable to a given company?

This feasibility study will aim at laying the foundations for a prospective project that fully restates EU law on the matter implicit in conflict of laws legislation on adjacent topics like contract, tort, successions, insolvency and capital markets. Further, it will aim at foundations that go beyond CJEU case law and include national adjudicative practice and academic research into the picture. Based upon this acquis communautaire, the project of a future Rome IV Regulation can be investigated, notably putting to use techniques of private international law in order to address Member State reticence towards such an instrument as expressed hitherto.

To register for the webinar free of charge, please contact the ELI Secretariat at secretariat@europeanlawinstitute.eu.

Albert Henke (University of Milan) has been awarded the EU-funded Jean Monnet Module on ‘Multilevel, Mutiparty and Multisector Cross-Border Litigation in Europe’. The three-year teaching and research project will run from 2021 to 2023 and will focus on three main areas: relations and conflicts between national courts, European courts and international tribunals; cross-border collective redress; procedural issues arising out of litigating cross-border commercial, financial, competition, IP, labour, consumers and family law disputes.

Civil litigation in a cross-border dimension presents greater complexity than domestic litigation, due to differences in legal traditions and regimes, as well as in cultural and social values among jurisdictions. A recent EU Study (JUST/2014/RCON/PR/CIVI/0082) shows that EU Member States’ procedural law regimes are still far from being harmonized, what negatively impacts on free circulation of judgments, equivalence and effectiveness of procedural protection and the functioning of the internal market.

The module is proposed to Italian and foreign under- and postgraduate students, as well as to practitioners. It will identify the main procedural issues deriving from a lack of harmonization among EU jurisdictions, contribute to the academic debate at national and European level, produce a series of academic outputs and set the basis for future academic cooperation, also in view of international joint research projects.

The teaching staff includes Alan Uzelac (University of Zagreb), Diego P. Fernández Arroyo (Sciences Po, Paris), Gilles Cuniberti (University of Luxembourg), Fernando Gascón-Inchausti (Complutense University of Madrid), Maria Teresa Carinci (University of Milan), Francesco Rossi dal Pozzo (University of Milan), Stefaan Voet (Katholieke Universiteit, Leuven), Francesca Marinelli (University of Milan), Pietro Ortolani (Radboud University, Njimegen) and Apostolos Anthimos (European University, Cyprus).

For information, please contact Prof. Albert Henke at albert.henke@unimi.it.

cfdiplogoThe 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 second speaker will be Justice Jean-Pierre Ancel, who is a former president of the first civil Chamber of the Cour de cassation, and now presides over a working group on the codification of French private international law.

The exact time and location are to be announced on the website of the Committee.

The Hague Academy of International Law announced the extension of the deadline to apply for the 2021 Centre for Studies and Research (postponement of the 2020 edition) until 1 September 2020. The programme will take place between 16 August and 3 September 2021 and will focus on the topic of Applicable Law Issues in International Arbitration.

The programme description reads:

International arbitration has long been the most successful method for settling all kinds of international commercial disputes, and still is – notwithstanding the surrounding criticism – the leading method for settling disputes between foreign investors and the host state. One of the characteristics of international arbitration is that it to a large extent relies on an international or transnational legal framework. The effects of arbitration agreements and of arbitral awards, as well as the role of the courts regarding arbitration agreements and awards, are regulated in international conventions such as the New York or the ICSID Conventions. Furthermore, although there is room for specificities of national law, commercial arbitration acts are largely harmonised especially through the impact of the UNCITRAL Model Law. Similarly, even if arbitral institutions try to distinguish one from each other by providing for some specific tools, the essential content of arbitration rules does not vary. It can be said, consequently, that the transnational framework of arbitration is intended to create to the extent possible an autonomous system of dispute resolution, which can be applied in a uniform way irrespective of the country in which the proceedings take place or the award is sought enforced. The procedural autonomy of arbitration may also have an impact on how arbitral tribunals relate to the substance of the dispute.

As arbitral awards are final and binding, and domestic courts and ICSID annulment committees do not have the power to review them in the merits, arbitral tribunals enjoy a considerable flexibility in selecting and applying the rules of law applicable to the dispute, even though they are constrained to respect the will of the parties. Legal literature has strongly emphasized that this flexibility creates an expectation of delocalization: both from the procedural and from the substantive point of view, arbitration is described as a method for settling disputes that strives for uniformity on a transnational level and should not be subject to national laws. The autonomy and flexibility of arbitration, however, are not absolute. The international instruments that regulate arbitration either make, in some contexts, reference to national law or call for the application of (general or concrete) international law. Also, they do not cover all aspects of arbitration, thus leaving room for national regulation. Additionally, the restricted role that courts and ICSID ad hoc committees have in arbitration does not completely exclude that national law may have an impact. While court and committee control is not a review in the merits, application of the parameters for validity or enforceability of an award, even where these parameters are harmonised, may depend on national regulation.

Importantly, the definition of what disputes are arbitrable is left to national law. While the scope of arbitrability has been significantly expanded starting from the last two decades of the last century, there are signs now that it may be restricting. The scope of arbitrability may be looked upon as a measure of the trust that the legal system has in arbitration. From another perspective, it may represent the way in which States approach the settlement of international commercial disputes: intending to keep an exclusive power by means of the exclusion of private deciders, or adopting the role of controllers of the regularity of arbitration. As far as investment arbitration is specifically concerned, it is well known that States’ attitudes are diverse and may change from time to time. In both cases, States’ policy choices may have an impact on applicable law issues.

All the foregoing considerations, succinctly exposed, are the frame for the present topic. On such a basis, it is possible to develop two lists of issues to be individually addressed. The first list deals with the fundamental aspects of the topic. Among the issues included therein, some refer to all types of arbitration, while others are rather specific to either commercial or investment arbitration. The second list responds to the fact that the applicable law is not necessarily unitary. Indeed, according to the principle of severability, a different law may apply to the procedural aspects and to the substantive aspects of the dispute, and within these two categories there are further possibilities for severing the applicable law. Thus, one can wonder to which issues is it appropriate to apply international sources of law, to which issues is it appropriate to apply soft sources of law, to which is it appropriate to apply national sources of law, and to which issues is it appropriate to apply (or to create) transnational standards. Or a combination of these sources? On which basis may this selection be made, and what are its effects on the autonomy of arbitration, on the expectations of the parties and on the credibility and legitimacy of arbitration as an out-of-court judicial system that enjoys enforceability?

The Directors of Research, Prof. Giuditta Cordero-Moss (University of Oslo) and Prof. Diego Fernández Arroyo (Sciences Po, Paris), invite applications from researchers including students in the final phase of their doctoral studies, holders of advanced degrees in law, political science, or other related disciplines, early-stage professors and legal practitioners. Applicants should identify the specific topic on which they intend to write. Participants will be selected during the fall of 2020, and will convene at The Hague during the programme period to finalize their papers. The best articles will be included in a book to be published in the fall of 2022.

All applicants are required to register online via the appropriate registration form.

More information about the programmes of The Hague Academy of International Law can be found here.

At its fifty-second session, in 2019, UNCITRAL considered a proposal from the European Union on applicable law in insolvency proceedings (A_CN.9_995_E).

UNCITRAL agreed on the importance of the topic, which complemented the significant work already done by UNCITRAL in the area of insolvency law, in particular cross-border insolvency.

However, UNCITRAL also observed that the subject matter was potentially complex and required a high level of expertise in various subjects of private international law, as well as on choice of law in areas such as contract law, property law, corporate law, securities and banking and other areas on which it had not worked recently. Therefore, UNCITRAL agreed that it was essential to delineate carefully the scope and nature of the work that it could undertake.

UNCITRAL requested the Secretariat to organize a colloquium, in cooperation with other relevant international organizations, with a view to submitting concrete proposals for UNCITRAL’s possible future work on such topic, for consideration by the Commission at its fifty-third session, in 2020. The Colloquium is to be conducted on an informal basis, that is, not as an intergovernmental group.

The Colloquium was to be held in New York on 15 May 2020 (see the draft programme here), in cooperation with the Hague Conference on Private International Law.

Due to the postponement of the Working Group V session originally scheduled for 11-14 May 2020, the Colloquium on Applicable Law in Insolvency Proceedings is also postponed. Information on the new date will be communicated by the UNCITRAL Secretariat when possible.

On 25 and 26 September 2020, the University of Bonn will host a conference titled The 2019 Hague Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries.

The conference focuses on the Hague Convention of 2 July 2019 on the recognition and enforcement of foreign judgments in civil and commercial matters, and is organised by Moritz Brinkmann, Nina Dethloff, Matthias Lehmann, Philipp Reuss and Matthias Weller.

The event is organised in cooperation with the Permanent Bureau of the Hague Conference on Private International Law (HCCH), the Zentrum für europäisches Wirtschaftsrecht at the University of Bonn and The International Litigation Exchange (ILEX). Dr Christophe Bernasconi, Secretary General of the HCCH, will give a welcome note (via video message), while Dr Ning Zhao, Senior Legal Officer, HCCH, will provide an overview of the genesis of the Convention, and Dr João Ribeiro-Bidaoui, First Secretary, HCCH, will conclude the event with summary remarks.

Speakers include Hans van Loon (Former Secretary General of the Hague Conference on Private International Law), Pietro Franzina (Catholic University of Milan), Xandra Kramer (Erasmus Universiteit Rotterdam), Wolfgang Hau (Ludwig-Maximilians-Universität Munich), Francisco Garcimartín Alférez (Autonomous University of Madrid), Colin Brown (to be confirmed) and Andreas Stein (both European Commission), Jan Teubel (German Ministry of Justice), Heiko Heppner (ILEX), Paul Beaumont (University of Stirling), Marie-Elodie Ancel (University of Paris-Est Créteil), Pippa Rogerson (University of Cambridge), Ilija Rumenov (Ss. Cyril and Methodius University), Veronica Ruiz Abou-Nigm (University of Edinburgh), José Angelo Estrella-Faria (Former Secretary General of UNIDROIT, Senior Legal Officer UNCITRAL Secretariat, International Trade Law Division Office of Legal Affairs, United Nations).

The programme of the event can be found here. Looking forward to meeting as many as possible of you in Bonn!

Hauptgebaeude Uni Bonn

A free webinar on Force Majeure and Hardship under Cross-border and Comparative Perspectives will take place on 8 April 2020 at 17.00 BST, organised by the British Institute of International and Comparative Law.

Speakers include Alice Decramer (avocat, Signature Litigation Paris), Nicole Langlois (Barrister, XXIV Old Buildings) and Tom Sullivan (partner & attorney, Shook Hardy Bacon, Philadelphia). The webinar will be chaired by Duncan Fairgrieve (Senior Research Fellow in Comparative Law & Director, Product Liability Forum). 

The objective of this webinar is to examine the legal consequences of a party’s inability to perform a contract due to events outside their control, by comparing and contrasting a series of different juridictions including the US, France and the UK. An analysis will be made of the issue of force majeure / and hardship in comparative perspective, looking at the impact of contractual force majeure clauses, and their interpretation by the courts in a series of different juridictions. The seminar will look at supply of goods contracts, as well as commercial contracts more generally. An analysis will be given of the position where there is no specific contractual provision, and reliance is instead placed on frustration / hardship or impracticability. What are the conditions of these doctrines and what is the remedy that might be awarded? Distinguished speakers will examine the issues with a particular focus on the impact of the current circumstances.

More details and advance registration here.

On 2 April 2020, the Hague Academy of International Law announced its decision to postpone the Summer Courses on Public and Private International Law scheduled for July and August 2020, as well the Academy’s Centre for Studies and Research, devoted this year to Applicable Law Issues in International Arbitration.

Both events will take place in 2021.

The Academys’ annoucement reads as follows.

It is with a very heavy heart that, in view of the evolution of the spread of COVID-19, the Academy is forced to cancel its programmes planned for the summer of 2020: the Summer Courses on Public and Private International Law, as well as the Centre for Studies and Research. This is the second time in their almost centenary existence that the Summer Courses will not be able to take place. Only the Second World War was able to stop the running of the courses, the Academy’s main activity;  the one to which it owes its renown.

An exceptional situation, which calls for an exceptional decision: the Academy’s doors will remain closed this summer. The two programmes will be postponed to 2021. The Summer Courses will take place between 5 July and 13 August 2021 and the session of the Centre for Studies and Research between 16 August and 3 September 2021. The updated poster of the 2021 Summer Courses will be available online in April/May.

A video message by Jean-Marc Thouvenin, the Secretary-General of the Academy, may be found here.

indexTriggered by recent events, notably the Dieselgate scandal, collective redress is now back on the EU civil justice agenda (see here). It is also the subject matter of requests for preliminary rulings addressed to the CJEU (see, concerning a situation with cross-border implications, the currently pending case C-709/19, Vereniging van Effectenbezitters).

A conference on the topic, organised by the Max Planck Institute Luxembourg for Procedural Law in cooperation with ERA – Academy of European Law, will take place on 16 and 17 April 2020 in Trier.

The conference will: introduce the proposed EU Directive on representative action; provide a platform for debate on topical issues of this key Directive; analyse major case law of the CJEU and national Supreme Courts on collective redress; look at the mismatch of EU law and collective redress; present the most recent hands-on experience with collective redress; debate funding issues, namely contingency fees and third-party funding.

The event is chiefly meant for legal practitioners specialised in the field of consumer law and policy, litigators involved in mass damage cases, representatives of business and consumer organisations, ministry officials, and academics.

For more information please see here.

affiche_colloque_CCIP_1122The 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 same language.

The Court has provided the following summary in English:

Opening of the Symposium

A little more than a year after the signature of the procedural protocols establishing the international commercial chambers in the Commercial Court and the Paris Court of Appeal, the symposium was opened to a large audience by Mrs Chantal Arens, First President of the Paris Court of Appeal, who, among other things, announced the forthcoming publication of a bilingual procedural guide before these chambers, with the aim of presenting the proceedings in a detailed and didactic manner, and called for the regulatory consolidation of the jurisdiction of the Paris Court of Appeal.

Mr Gille Cuniberti, Law Professor at the University of Luxembourg and moderator of the roundtables, pointed out that the creation of international commercial chambers forms part of an international competition between courts from which one of the issues at stake is the attractiveness of French law.

The creation of the Paris International Commercial Chambers

After a reminder of the origins of the commercial chambers by Mr Guy Canivet, Honorary First President of the Court of Cassation, and of the options chosen by the Ministry of Justice presented by Mr Thomas Andrieu, Director of Civil Affairs for the French Ministry, Ms Marie-Aimée Peyron, Chairman of the Paris Bar Association, went back on the support of the Paris bar in the creation of these chambers.

Students at the Sciences Po Law school of Paris (Mr Félix Briant, Ms Auriane Clement, Mr Mathieu Larroque, Ms Charlotte Muller) presented the fruit of their work done during one year with the International Commercial Chamber of the Court of Appeal by providing an overview of the choices made abroad in the creation of international commercial courts in Europe and in the world.

Roundtables

This symposium allowed to set out how to access to the international chambers in France, their jurisdiction and the applicable procedure, stressing in particular the desire to give greater importance to predictability in the conduct of the trial, the orality of the proceedings, the possible use of foreign languages and, in particular, the use of the English language.

Mr François Ancel, Ms Fabienne Schaller and Ms Laure Albert, all three judges in the International Commercial Chamber of the Paris Court of Appeal intervened to develop these various points, as have the President of the International Commercial Chamber at the Paris Commercial Court, Mr Philippe Bernard, and Mr François Vaissette, Avocat Général representing the General Public Prosecutor’s Office of the Paris Court of Appeal , which was able to clarify the role of the Public Prosecutor’s Office in these chambers.

Mr Alban Caillemer du Ferrage and Ms Emilie Vasseur, members of the Paris Bar, stressed the important role of the creation of these chambers and the will of the bar to promote the stipulation of clauses conferring jurisdiction to the benefit of the Paris courts (in particular in the choice of ISDA to open its Master Agreement to the jurisdiction of French courts and French law) and inisted also on the judicial administration of evidence and the voluntary appearance of the parties and witnesses.

Finally, scientific insight was given by Ms Marie-Elodie Ancel, Law Professor at the University of Paris Est Créteil on the first decisions handed down by the International Chamber of the Court of Appeal and by Professor François Mailhé, Deputy-Dean of the Faculty of Law and Political Science of the Picardie Jules Verne University, who asked in particular how to meet the needs of economic stakeholders (use of the English language, set up of a procedural timetable; compulsory production of evidence; cross-examination).

Closing speech

During his executive summary, Mr Emmanuel Gaillard, Visiting Professor at the Yale Law School and at the Harvard Law School, called for pursuing the movement initiated by the creation of these chambers, in particular in favour of the use of the English language without translation and by implementing an adequate communication to raise awareness of these chambers, considering that France could usefully offer a high-quality public service of justice within a reasonable time and in accordance with international standards.

The fourth research seminar of the IFITIS Research Project, led by Jean-Sylvestre Bergé, will take place in Nice on 13 March 2020.

The IFITIS Project explores, generally, a phenomenon that the project leaders call “full movement beyond control”.

The expression refers to the movement of persons, goods, services etc. across territories. The phenomenon is understood to have a “full” dimension in that it calls for the attention and action of public and private actors (States, companies, individuals) at local, national and international levels. And it is regarded as “beyond control” in the sense that, in specific or short-term situations, like those of crisis, institutions with responsibility for such movement do not have full control over it.

The seminar, titled Antecedent and Modal Approaches to Circulation, is concerned with the understanding and representations of the notion of movement and with the modalities of movement in different areas of knowledge.

Speakers include Christian Rinaudo (Univ. of Nice), Jeremy Heymann (Univ. Jean Moulin – Lyon 3), Alain Strowel (Catholic Univ. of Louvain), Philippe Billet (Univ. Jean Moulin – Lyon 3), Marina Teller (Univ. of Nice), Jean-Yves Carlier (Catholic Univ. of Louvain), Sophie Robin-Olivier (Univ. Paris 1 – Panthéon Sorbonne) and Jean-Sylvestre Bergé (Univ. of Nice).

See here for further information.

brexitAs reported earlier in this blog, the Queen Mary University of London will host a series of workshops on Private International Law after Brexit.

The first workshop of the series, scheduled for 28 February 2020, is sold out. The second and third workshop will be held on 1 and 2 April 2020, and will focus on the future development of private international law in the UK in relation to commercial law and family law, respectively.

More on the events can be found here.

brexitOn 28 February 2020 the Queen Mary University of London will host the first of four public AHRC (Arts and Humanities Research Council) workshops on Private International Law after Brexit.

The workshop will focus on the Development of Private International Law in the UK post Brexit.

The issue will be addressed from four key perspectives: Global – by Professor Trevor Hartley LSE; Commonwealth – by Professor David McClean, University of Sheffield; EU/EEA – by Michael Wilderspin – Commission Legal Service, and Intra-UK – by Dr Kirsty Hood QC, Faculty of Advocates, Scotland.

The workshop will also hear from the organisers of this AHRC Research Network, Professor Paul Beaumont, University of Stirlingand dr Mihail Danov, University of Exeter (who will report on his English pilot study). Furthermore, some empirical research findings will be shared by Professor Sophia Tang, University of Newcastleand dr Jayne Holliday, University of Stirling.

The organisers invite persons interested in advising on the development of the Research Network to stay for an informal meeting to be held at the end of the workshop.

The event is free and open to all, but registration is required because spaces are limited.

More on the event can be found here.

AMICABLE, a project co-funded by the European Commission, aims to create Best Practice Tools assisting with the enforceability of mediated agreements in the EU, and a Model for incorporating mediation into child abduction proceedings.

The Best Practice Tool is a sort of legal “roadmap” for judges, legal practitioners and mediators. It will consist of an EU general Best Practice Tool and four country-specific tools for Spain, Poland, Italy and Germany, respectively.

The Model is already operative in Germany, the UK and the Netherlands. The project’s goal is to facilitate the exchange of information and mutual learning and to explore how the model could be introduced in Spain, Poland and Italy.

The Project is led by MiKK, International Mediation Centre for Family Conflict and Child Abduction (Germany) in cooperation with the Universities of Milano-Biccocca (Italy), Wrocław (Poland) and Alicante (Spain).

Registration is open for the Project Seminars, scheduled to take place on 26 and 27 March 2020 in Alicante, on 23-24 April 2020 in Wrocław and on 21-22 May 2020 in Milan.

More information is available through the Project’s website.

indexThe fourth edition of the IAPL-MPI Summer School, organised by the International Association of Procedural Law and the Max Planck Institute Luxembourg, will be held from 27 to 30 July 2020 in Luxembourg.

The School aims to bring together young post-doc researchers dealing with European and comparative procedural law, as well as with other relevant dispute mechanisms for civil controversies, during a four-day event of fruitful discussion and scientific debate.

This edition’s focus is on The interplay of global tendencies with local traditions in procedural law.

The deadline for applications is 31 January 2020.

For more information: summer-school@mpi.lu.

UPDATE – 5 March 2020: the conference has been cancelled.

On 23 April 2020, the Catholic University of Milan will host a conference, in English, on the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

The conference will be opened by Fausto Pocar (University of Milan). Speakers include Gilles Cuniberti (University of Luxembourg), Elena D’Alessandro (University of Turin), Francisco Garcimartín Alférez (Autonomous University of Madrid), Marko Jovanovic (University of Belgrade), Antonio Leandro (University of Bari) and Matthias Weller (University of Bonn). Luca Radicati di Brozolo (Catholic University of Milan) will provide some concluding remarks.

The event benefits from the support of EAPIL, the European Association of Private International Law, and of the Interest Group on Private International Law of SIDI, the Italian Society of International and EU Law.

Attendance is free, but those wishing to attend are required to register by 10 April 2020 through the conference website. In view of the limited seating capacity of the room where the conference will take place, early registration is recommended.

For more information: pietro.franzina@unicatt.it.