The Second Circuit last week issued a split-panel decision in Duran v. Beaumont, No. 06-cv-5614 (2d Cir. 2008). The case concerned a Chilean mothers’ decision to take her child to the USA and remain there, in derogation of a Chilean court order. The child’s parents—both Chilean—are recently separated, with formal custody not yet [...]
Following on from the success of the Journal of Private International Law’s inaugural conference at Aberdeen in 2005, and last year’s conference at Birmingham, the 2009 conference will be held on 16th - 18th April 2009 at New York University School of Law. The conference itself will be over two days (17th - 18th April [...]
On 24 and 25 July the Justice and Home Affairs Council held its 2887th session in Brussels, the first under the French Presidency. The official press release is currently available only in French (UPDATE: English version). Among the “Justice” issues, discussed on Friday 25th, two main points are of particular importance as regards the development [...]
Roger Alford at Opinio juris has an interesting post on a recent American case where an American court declined jurisdiction based on forum non conveniens, but found out during the appeal that the foreign court had itself declined jurisdiction. As a consequence, the alternative available forum had disappeared, and it seemed like the American court [...]
A new reference regarding the Brussels I Regulation is pending at the ECJ. The Bundesgerichtshof (Germany) has referred the following questions for a preliminary ruling:
Is the second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [...]
David-Christoph Bittmann: “Vom Exequatur zum qualifizierten Klauselerteilungsverfahren”
This new German publication analyses from a comparative perspective as to whether the new procedure introduced by Regulation (EC) No 805/2004 creating a European Enforcement Order for Uncontested Claims actually constitutes an advancement for the creditor without disregarding the debtor’s rights in comparison with the previous exequatur proceedings. Further, [...]
Are French courts willing to review arbitral awards on the ground that arbitrators violated European antitrust laws? As a matter of principle, French courts are extremely reluctant to review arbitral awards on the merits. In theory, an exception remains when the award violates French international public policy, but actual instances where French courts have found [...]
Today, the ECJ delivered its judgment in case Inga Rinau (C-195/08 PPU) which seems to be the first case under the urgent preliminary ruling procedure.
The judgment is not available in English yet, however in French, Italian, German and several other languages.
The Court held:
1) Une fois une décision de non-retour prise [...]
Christopher Kourakis, the Solicitor-General for the State of South Australia, has an interesting article on the interaction of choice of law rules and the Australian Constitution in cases of conflict between state laws in volume 28 of the Adelaide Law Review. The article discusses the decision of the High Court in Sweedman v Transport [...]
Prof. John Phaedon Kozyris (Universities of Thessaloniki and Ohio State) has published a very interesting article on Rome II in the latest issue of the American Journal of Comparative Law (Vol. 56(2), 2008): Rome II: Tort Conflicts on the Right Track! A Postscript to Symeon Symeonides’ “Missed Opportunity” (56 Am. J. Comp. L. 471). As [...]
Two new references for preliminary rulings on the Brussels I Regulation have been referred to the ECJ:
1. The Hof van Cassatie van België has referred the following question to the ECJ:
Is a creditor who pursues a claim in the name and for the account of his debtor a party within the meaning of Article 43(1) [...]
Recently, the July/August issue of the German legal journal “Praxis des Internationalen Privat- und Verfahrensrechts” (IPRax) was released.
It contains the following articles/case notes (including the reviewed decisions):
Burkhard Hess/David Bittmann: “Die Verordnungen zur Einführung eines Europäischen Mahnverfahrens und eines Europäischen Verfahrens für geringfügige Forderungen - ein substantieller Integrationsschritt im Europäischen Zivilprozessrecht” - the English abstract reads [...]
The Rome I Regulation (see the dedicated section of our site, and the programme of the forthcoming conference organized by the Journal of Private International Law) has been published in the Official Journal of the European Union n. L 177 of 4 July 2008. The official reference is the following:
Regulation (EC) No 593/2008 of the [...]
Four Iraqis who were detained in Abu Ghraib have sued U.S. military contractors before American courts. The cases were filed on June 30, 2008, in federal courts of Maryland, Ohio, Michigan and Washington state, where individual contractors reside. The plaintiffs are represented by law firms in Philadelphia and Detroit and by the Centre for Constitutional [...]
