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Practical application of the reciprocity principle in the recognition and enforcement of foreign judgments in civil and commercial matters in Vietnam Journal of Private International Law Pub Date : 2024-02-12 Bich Ngoc Du
The reciprocity principle was first introduced in Vietnam by Decree 83/1998 to allow for the recognition of foreign non-executionary judgments, decisions on family and marriage matters in Vietnam. ...
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Procedural issues in international bankruptcy under Turkish law Journal of Private International Law Pub Date : 2024-02-12 Meltem Ece Oba
This article examines the procedural issues in a bankruptcy lawsuit with a foreign element from a Turkish private international law perspective. The article begins with a brief overview of the bank...
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The governing law of contribution claims: looking beyond Roberts v SSAFA Journal of Private International Law Pub Date : 2024-02-12 Veena Srirangam
The governing law of claims for contribution, where the applicable law of the underlying claim is a foreign law, has long posed a knotty problem in English private international law. The Supreme Co...
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Implied jurisdiction agreements in international commercial contracts: a global comparative perspective Journal of Private International Law Pub Date : 2024-02-12 Chukwuma Samuel Adesina Okoli, Abubakri Yekini
This article examines the principles of implied jurisdiction agreements and their validity on a global scale. While the existing scholarly literature primarily focuses on express jurisdiction agree...
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A principled conflict of laws characterisation of fraud in letters of credit Journal of Private International Law Pub Date : 2024-02-12 Weitao Wong
This article examines how the issue of fraud in letters of credit (which constitutes a critical exception to the autonomy principle) should be characterised in a conflict of laws analysis; and cons...
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Recognition of talaq in European states – in search of a uniform approach Journal of Private International Law Pub Date : 2024-02-12 Zlatan Meškić, Anita Duraković, Jasmina Alihodžić, Shafiqul Hassan, Šejla Handalić
The paper aims to answer the question if and under which conditions a talaq performed in an Islamic state may be recognised in European states. The authors provide an analysis of various forms of t...
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The principle of the best interests of the child and the principle of mutual trust in the justice systems of EU Member States - Return of a child in cross-border cases within the EU in the light of EU Council Regulation 2019/1111 and the situation in Poland Journal of Private International Law Pub Date : 2024-02-12 Anna Natalia Schulz
The suspension of the enforcement of a return order under the Hague Convention on the Civil Aspects of International Child Abduction and EU law, as well as the admissibility of modifying such an or...
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Transboundary pollution at the intersection of private and public international law Journal of Private International Law Pub Date : 2024-02-12 Uglješa Grušić
This article reviews Guillaume Laganière’s Liability for Transboundary Pollution at the Intersection of Public and Private International Law (Bloomsbury Publishing, 2022). This book makes a valuabl...
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Capacitating personal capacity: cross-border regulation of guardianship alternatives for adults Journal of Private International Law Pub Date : 2023-12-15 Sharon Shakargy
Increasing global mobility of people with disabilities, changes in the measures employed to protect them, and growing awareness of their human rights significantly challenge the existing cross-bord...
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Putting the recognition and enforcement of foreign judgments in context: Comparative Recognition and Enforcement, by Dr Drossos Stamboulakis Journal of Private International Law Pub Date : 2023-11-13 Benjamin Hayward
Published in Journal of Private International Law (Vol. 19, No. 2, 2023)
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Cross-border internet defamation conflicts and what to do about them: Two proposals Journal of Private International Law Pub Date : 2023-11-13 Dan Jerker B. Svantesson, Symeon C. Symeonides
Conflicts of laws in cross-border defamation cases are politically and culturally sensitive and their resolution has always been difficult. But the ubiquity of the internet has increased their freq...
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Enforcement of foreign judgments – Israel as a case study Journal of Private International Law Pub Date : 2023-11-13 Vera Shikhelman
This article shows how enforcement of foreign judgments in Israel works in practice. Using an original hand-coded dataset, the article seeks to determine empirically which factors increase the like...
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Conflicts in insolvency jurisdiction Journal of Private International Law Pub Date : 2023-11-13 Gerard McCormack
The Hague Judgments Convention 2019 contains an insolvency exception. The paper suggests that the proposed Hague Jurisdiction Convention should contain an insolvency exception that mirrors that con...
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Protection against the breach of choice of court agreements: A comparative analysis of remedies in English and German courts Journal of Private International Law Pub Date : 2023-11-13 Leon Theimer
In fixing the place and provider for the resolution of disputes in advance, choice of court agreements increase procedural legal certainty and the predictability of litigation risks. Hence, their p...
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The transfer of proceedings in international family cases Journal of Private International Law Pub Date : 2023-04-26 David McClean
There is general agreement that jurisdiction over issues concerning children or vulnerable adults should lie with the court of their habitual residence. There are particular circumstances in which that is not wholly satisfactory and four international instruments have provided, using rather different language, the possibility of jurisdiction being transferred to a court better placed to decide the
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Incremental international law-making: The Hague Jurisdiction Project in context Journal of Private International Law Pub Date : 2023-04-26 Matthias Lehmann
The Hague Conference on Private International Law is currently working towards a new instrument on jurisdiction and parallel proceedings. But critics ask if we need another instrument, in addition to the Hague Choice of Court Convention of 2005 and the Hague Judgments Convention of 2019. This article gives reasoned arguments for a “yes” and explores possibilities for the substantive content of the
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Blaming the middleman? Refusal of relief for mediator misconduct under the Singapore Convention Journal of Private International Law Pub Date : 2023-04-26 Ben Köhler
The discussion surrounding the Singapore Convention on Mediation 2018 has gathered steam. In particular, the refusal of enforcement based on mediator misconduct as prescribed in Article 5(1)(e) and (f) has been the focus of debate and is widely perceived to be the Convention’s Achilles heel. These two provisions, already highly controversial in the drafting process, have been criticised as ill-suited
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The effectiveness of foreign jurisdiction clauses in Nigeria: an empirical inquiry Journal of Private International Law Pub Date : 2023-04-26 Abubakri Yekini
Business entities do not often include terms in commercial agreements unless those terms are relevant and are designed to maximise the gains of the parties to the agreement. To realise their reasonable and legitimate expectations, they expect that contractual terms and promises would be respected by the parties and courts. There is a growing body of literature suggesting that Nigerian courts are not
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The enforcement of jurisdiction agreements in Iran Journal of Private International Law Pub Date : 2023-04-26 Mohammed Mjed Kabry, Azam Ansari
Parties to a contract may designate the court or courts of a particular country to decide their disputes which have arisen or may arise from a particular legal relationship. Many countries give party autonomy its binding effect in selecting the competent court and enforcing jurisdiction agreements. There is complete silence in Iranian law regarding the enforcement of jurisdiction agreements. The current
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International treaties on assistance in civil matters and their applicability to recognition of foreign judgments on the opening of insolvency proceedings (reflections regarding the Russian national and international experience) Journal of Private International Law Pub Date : 2023-04-26 Alexander A. Kostin, Daria D. Kuraksa
The article examines the question of admissibility of recognition of foreign judgments on commencement of bankruptcy proceedings on the basis of international treaties on legal assistance. It examines the background of these international treaties, as well as the practice of their application in respect of this category of foreign judgments. The authors conclude that foreign court decisions on opening
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Lis Pendens and third states: the origin, DNA and early case-law on Articles 33 and 34 of the Brussels Ia Regulation and its “forum non conveniens-light” rules Journal of Private International Law Pub Date : 2023-01-17 Geert van Calster
The core European Union rules on jurisdiction have only in recent years included a regime which allows a court in an EU Member State temporarily or definitively to halt its jurisdiction in favour of identical, or similar proceedings pending before a court outside the EU. This contribution maps the meaning and nature of those articles, their application in early case-law across Member States, and their
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The recognition and enforcement of foreign judgments in civil and commercial matters in Asia Journal of Private International Law Pub Date : 2023-01-17 Chukwuma Samuel Adesina Okoli
Many scholars in the field of private international law in Asia are taking commercial conflict of laws seriously in a bid to drive harmonisation and economic development in the region. The recognition and enforcement of foreign judgments is an important aspect of private international law, as it seeks to provide certainty and predictability in cross-border matters relating to civil and commercial law
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Law applicable to proprietary issues of crypto-assets Journal of Private International Law Pub Date : 2023-01-17 Koji Takahashi
Crypto-assets (tokens on a distributed ledger network) can be handled much in the same way as tangible assets as they may be held without the involvement of intermediaries and traded on a peer-to-peer basis by virtue of the blockchain technology. Consequently, crypto-assets give rise to proprietary issues in the virtual world, as do tangible assets in the real world. This article will consider how
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A return to the doctrine of forum non conveniens after Brexit and the implications for corporate accountability Journal of Private International Law Pub Date : 2023-01-17 Francesca Farrington
On 1 January 2021, the European Union’s uniform laws on jurisdiction in cross-border disputes ceased to have effect within the United Kingdom. Instead, the rules governing jurisdiction are now found within the Hague Convention 2005 where there is an exclusive choice of court agreement and revert to domestic law where there is not. Consequently, the doctrine of forum non conveniens applies to more jurisdictional
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Jurisdiction of courts chosen in the parties’ choice of court agreements: an unsettled issue in Indonesian private international law and the way-out Journal of Private International Law Pub Date : 2023-01-17 Afifah Kusumadara
Indonesian civil procedure law recognises choice of court agreements made by contracting parties. However, Indonesian courts often do not recognise the jurisdiction of the courts chosen by the parties. That is because under Indonesian civil procedure codes, the principle of actor sequitur forum rei can prevail over the parties’ choice of court. In addition, since Indonesian law does not govern the
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The proof of foreign law before Kuwaiti courts: The way forward Journal of Private International Law Pub Date : 2023-01-17 Mohammad Aljarallah
The Kuwaiti Parliament issued Law No. 5/1961 on the Relations of Foreign Elements in an effort to regulate the foreign laws in Kuwait. It neither gives a hint on the nature of foreign law, nor has it been amended to adopt modern legal theories in ascertaining foreign law in civil proceedings in the past 60 years. This study provides an overview of the nature of foreign laws before Kuwaiti courts, a
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The Tango between the Brussels Ia Regulation and Rome I Regulation under the beat of directive 2008/122/EC on timeshare contracts towards consumer protection Journal of Private International Law Pub Date : 2023-01-17 Zhen Chen
Timeshare contracts are expressly protected as consumer contracts under Article 6(4)(c) Rome I. With the extended notion of timeshare in Directive 2008/122/EC, the question is whether timeshare-related contracts should be protected as consumer contracts. Additionally, unlike Article 6(4)(c) Rome I, Article 17 Brussels Ia does not explicitly include timeshare contracts into its material scope nor mention
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Current-day international child abduction: does Brussels IIb live up to the challenges? Journal of Private International Law Pub Date : 2022-09-19 Thalia Kruger, Laura Carpaneto, Francesca Maoli, Sara Lembrechts, Tine Van Hof, Giovanni Sciaccaluga
Regulation 2019/1111 tries to tackle the new challenges arising from societal changes and legal developments in international child abduction. The result is a sophisticated set of rules centred on the child and aimed at enhancing their protection. The Regulation provides for the hearing of the child and for speedy and efficient proceedings. In it the EU acknowledges its role in the protection of human
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Assisted suicide from the standpoint of EU private international law Journal of Private International Law Pub Date : 2022-09-19 Omar Vanin
The article discusses the conflict-of-laws issues raised by such compensatory claims as may be brought against health professionals and medical facilities involved in end-of-life procedures. The issues are addressed from the standpoint of EU private international law. The paper highlights the lack of international legal instruments on assisted-suicide procedures. It is argued that the European Convention
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The court’s discretionary power to enforce valid jurisdiction clauses: time for a change? Journal of Private International Law Pub Date : 2022-09-19 Shahar Avraham-Giller
The paper challenges the well-rooted principle in the Anglo-American legal tradition that courts have discretion whether they should enforce a valid jurisdiction clause. The paper highlights the ambiguity and uncertainty that accompany this discretionary power, which raises a serious analytical problem. The paper then analyses two factors that shaped this discretionary power – jurisdictional theories
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Transnational corporations and environmental pollution in Vietnam – realising the potential of private international law in environmental protection Journal of Private International Law Pub Date : 2022-09-19 Thu Thuy Nguyen
Many transnational corporations have been operating in Vietnam, contributing to economic and social development in this country. However, these actors have caused a number of high-profile environmental incidents in Vietnam through the activities of their local subsidiaries, injuring the local community and destroying the natural ecosystem. This paper discloses the causes of corporate environmental
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Jurisdiction at the place of performance of a contract revisited: a case for the theory of characteristic performance in EU civil procedure Journal of Private International Law Pub Date : 2022-09-19 Daria Levina
The article revisits jurisdiction in the courts for the place of performance of a contract under Article 7(1) of the Brussels Ia Regulation. It proposes a new framework for understanding jurisdiction in contractual matters by offering a comparative and historical analysis of both the place of performance as a ground for jurisdiction and its conceptual counterpart, the place of performance as a connecting
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Discretional elements in the Brussels Ia Regulation Journal of Private International Law Pub Date : 2022-09-19 Tobias Bachmeier, Martin Freytag
Following continental European traditions, the Brussels Ia Regulation forms a rigid regime of mandatory heads of jurisdiction, generally not providing jurisdictional discretion. Nonetheless, to some limited extent, the Brussels regime includes discretional elements, in particular when it comes to lis pendens (see Articles 30, 33 and 34 of Brussels Ia). Reconsidering the strong scepticism towards forum
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Ordre public and non-enforcement of judgments in intra-EU civil matters: remarks on some recent Polish-German cases Journal of Private International Law Pub Date : 2022-09-19 Piotr Mostowik, Edyta Figura-Góralczyk
The article discusses the enforcement of foreign judgments within the European Union and the public policy (ordre public) exception. It is mainly focused on some recent judgments of Polish and German courts. On 22nd December 2016 and 23rd of March 2021 rulings in cases of infringement of personality rights were issued by the Court of Appeal in Cracow (ordering an apology and correction). The enforcement
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Journal of Private International Law Conference 2023, Singapore Management University- Call for Papers Journal of Private International Law Pub Date : 2022-09-19
Published in Journal of Private International Law (Vol. 18, No. 2, 2022)
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A new piece in the puzzle of locating financial loss: the ruling in VEB v BP on jurisdiction for collective actions based on deficient investor information Journal of Private International Law Pub Date : 2022-06-06 Matthias Lehmann
For the first time, the CJEU has ruled in VEB v BP on the court competent for deciding liability suits regarding misinformation on the secondary securities market. Surprisingly, the Court localises the damage resulting from misinformation on the secondary financial markets at a single place, that where the financial instruments in question were listed. This raises the question of how the decision can
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Financial torts and EU private international law: will the search for the place of “financial damage” ever come to an end? Journal of Private International Law Pub Date : 2022-06-06 Frederick Rielaender
The determination of jurisdiction and the applicable law concerning violations of financial law remains one of the most controversial subjects in EU private international law. Departing from its previously wayward case law regarding jurisdiction in disputes concerning purely financial losses, the Court of Justice of the European Union (CJEU) has finally taken a more principled approach in its Verenigeng
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Private international law and substantive liability issues in tort litigation against multinational companies in the English courts: recent UK Supreme Court decisions and post-Brexit implications Journal of Private International Law Pub Date : 2022-06-06 Mukarrum Ahmed
This article examines the private international law and substantive liability issues in tort claims against UK based parent companies for the actions of their foreign subsidiaries. Arguments drawn from private international law’s largely untapped global governance function inform the analysis and the methodological pluralism manifested in the jurisdictional and choice of law solutions proposed. The
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Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention Journal of Private International Law Pub Date : 2022-06-06 Neil Brannigan
In 1992, the Hague Conference on Private International Law (HCCH) commenced the Judgments Project with the aim of delivering a convention harmonising rules of jurisdiction and recognition and enforcement of judgments. Despite the ambition and promise the project held, the first major attempt at delivering a convention, the 2001 Interim Text, was unsuccessful after it failed to gain consensus among
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Substituted service in Australia: problem, tension, and proposed solution Journal of Private International Law Pub Date : 2022-06-06 Jie (Jeanne) Huang
Substituted service is an important and frequently used method to bring judicial documents to a defendant’s attention when service of process in the manner otherwise required by the civil procedure rule is impracticable. Between substituted service and the Hague Service Convention 1965 exists a tension: as the scope of substituted service expands, the application of the Convention shrinks. The tension
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The choice of foreign law in (predominantly) domestic contracts and the controversial quest for a genuine international element: potential for future judicial conflicts between the UK and the EU? Journal of Private International Law Pub Date : 2022-01-20 Patrick Ostendorf
The valid choice of a (foreign) governing law in commercial contracts presupposes, pursuant to EU private international law, a genuine international element to the transaction in question. Given that the underlying rationale of this requirement stipulated in Article 3(3) of the Rome I Regulation has yet to be fully explored, the normative foundations as to the properties that a genuine international
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Against renvoi in commercial law Journal of Private International Law Pub Date : 2022-01-20 Harry Stratton
The doctrine of renvoi is rightly described as “a subject loved by academics, hated by students and ignored (when noticed) by practising lawyers (including judges)”. This article argues that the students have much the better of the argument. English commercial law has rightly rejected renvoi as a general rule, because it multiplies the expense and complexity of proceedings, while doing little to deter
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Explicit legislative characterisation of overriding mandatory provisions in EU Directives: Seeking for but struggling to achieve legal certainty Journal of Private International Law Pub Date : 2022-01-20 Johannes Ungerer
Traditionally, the judiciary has been tasked with characterising a provision in EU secondary law as an overriding mandatory provision (“OMP”) in the sense of Art 9(1) Rome I Regulation. This paradigm has however shifted recently as the legislator has started setting out such OMP characterisation explicitly, which this paper addresses with regard to EU Directives. The analysis of two Directives on unfair
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Re-formulating the test for ascertaining the proper law of an arbitration agreement: a comparative common law analysis Journal of Private International Law Pub Date : 2022-01-20 Darius Chan, Jim Yang Teo
Following two recent decisions from the apex courts in England and Singapore on the appropriate methodology to ascertain the proper law of an arbitration agreement, the positions in these two leading arbitration destinations have now converged in some respects. But other issues of conceptual and practical significance have not been fully addressed, including the extent to which the true nature of the
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Dépeçage of contract in choice of law: Hague Principles and Arab laws compared Journal of Private International Law Pub Date : 2022-01-20 Amin Dawwas
This paper discusses the extent to which the parties may use their freedom to choose the law governing their contract under the Hague Principles on Choice of Law in International Commercial Contracts and Arab laws, namely whether they can make a partial or multiple choice of laws. While this question is straightforwardly answered in the affirmative by the Hague Principles, it is debatable under (most)
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Actio pauliana under the Brussels Ia Regulation – a challenge for principles, objectives and policies of EU private international law Journal of Private International Law Pub Date : 2022-01-20 Jan Ciaptacz
The paper discusses international jurisdiction in cases based on actio pauliana under the Brussels Ia Regulation, especially with regard to the principles, objectives and policies of EU private international law. It concentrates on the assessment of various heads of jurisdiction that could possibly apply to actio pauliana. To that end, the CJEU case law was thoroughly analysed alongside international
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The Singapore mediation convention: A version of the New York convention for mediation? Journal of Private International Law Pub Date : 2022-01-20 Yun Zhao
Settlement agreements have traditionally been enforced as binding contracts under national rules, a situation considered less than ideal for the promotion of mediation. Drawing on the experience of the 1958 New York Convention on international arbitration, the 2019 Singapore Mediation Convention provides for the enforcement of settlement agreements in international commercial disputes. Based on its
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Reformed Polish court proceedings for the return of a child under the 1980 Hague Convention in the light of the Brussels IIb Regulation Journal of Private International Law Pub Date : 2022-01-20 Jakub Pawliczak
In recent years a significant increase in applications sent to Polish institutions to obtain the return of abducted children under the 1980 Hague Abduction Convention can be observed. Simultaneously, Poland has struggled with a problem of excessively long court proceedings in those cases and the lack of specialisation among family judges. Taking these difficulties into consideration, in 2018 the Polish
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Return travel and Covid-19 as a grave risk of harm in Hague Child Abduction Convention cases Journal of Private International Law Pub Date : 2022-01-20 Elaine O’Callaghan
Since February, 2020, courts have been faced with many novel arguments concerning the Covid-19 pandemic in return proceedings under the “grave risk exception” provided in Article 13(1)(b) of the 1980 Hague Convention. This article presents an analysis of judgments delivered by courts internationally which concern arguments regarding the safety of international travel in return proceedings during the
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The overview of private international law in Nigeria Journal of Private International Law Pub Date : 2022-01-20 Chukwudi Paschal Ojiegbe
(2021). The overview of private international law in Nigeria. Journal of Private International Law: Vol. 17, No. 3, pp. 601-618.
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Virtual Conference on Conflicts of Jurisdiction on 23 to 24 June 2022 and postponement of the biennial Journal of Private International Law Conference until 2023 Journal of Private International Law Pub Date : 2022-01-20
(2021). Virtual Conference on Conflicts of Jurisdiction on 23 to 24 June 2022 and postponement of the biennial Journal of Private International Law Conference until 2023. Journal of Private International Law: Vol. 17, No. 3, pp. 619-619.
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Resulting trusts in the conflict of laws: an Australian perspective Journal of Private International Law Pub Date : 2021-09-22 Lachlan Forrester
The common law world continues to grapple with how to properly characterise equitable doctrines in private international law. There has been extensive criticism of the existing approach to characterisation and choice of law for equity which favours separately characterising equitable obligations and applying the lex fori. Within this broader discourse, a debate is beginning to emerge around issues
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No turning back: information and communication technologies in international cooperation between authorities Journal of Private International Law Pub Date : 2021-09-22 María Mercedes Albornoz, Sebastián Paredes
The usefulness of ICTs is on full display when it comes to international cooperation between authorities in civil and commercial litigation. The core international conventions on cross-border cooperation (currently in force) were drafted many decades ago, when the overwhelming growth of ICTs was unimaginable. Setting the focus on Latin America, where legal regional integration has not yet reached the
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The territorial scope of Australia's consumer guarantee provisions Journal of Private International Law Pub Date : 2021-09-22 Sirko Harder
Australian Consumer Law provides for consumer guarantees, according to which the taking of a particular action (for example, the application of due care and skill) or the presence of a particular fact (for example, a particular quality) is deemed as guaranteed where goods or services are supplied to a consumer in certain circumstances. Remedies lie against the supplier or (where goods are supplied)
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Party autonomy, venue risk and jurisdiction agreements – the Singapore position reappraised Journal of Private International Law Pub Date : 2021-09-22 Lance Ang
Party autonomy is the defining principle of private international law today. Notwithstanding its broad acceptance, what does party autonomy mean in the context of jurisdiction agreements? The lack of commercial certainty in how the agreement to “submit” to the jurisdiction of the courts in the chosen forum will be interpreted and enforced by the courts defeats the very purpose of party autonomy itself
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Small in value, important in essence: lessons learnt from a decade of implementing the European Small Claims Procedure in Italy and Belgium Journal of Private International Law Pub Date : 2021-09-22 Marco Giacalone, Irene Abignente, Seyedeh Sajedeh Salehi
This article examines the extent to which the European Small Claims Procedure (ESCP) has served the main purpose of the EU legislature to establish a legal framework to improve access to justice for creditors of cross-border small claims through a simplified, expedited and inexpensive redress mechanism. This article first analyses the implementation of the ESCP in Italy and Belgium. These two countries
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Prorogation of jurisdiction and choice of law in EU family law: navigating through the labyrinth of rules Journal of Private International Law Pub Date : 2021-09-22 Agne Limante
This article focuses on the scope of party autonomy in EU family regulations, especially in cases of marriage dissolution with an international element. Through the lens of a case study, the author analyses whether provisions allowing party autonomy in EU family regulations are consistent and wide enough to enable parties to find a solution that best fits their interests. The paper concludes that the
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Characterisation and liberative prescription (the limitation of actions) in private international law – Canadian doctrine in the Eswatini courts (the phenomenon of dual cumulation) Journal of Private International Law Pub Date : 2021-09-22 Jan L. Neels
The via media technique of characterisation in private international law, as proposed by the Canadian author Falconbridge, was – over a period of three decades – gradually adopted by the courts in Lesotho, South Africa, Zimbabwe, and, more recently, Eswatini. In a particular dispute, which is used as angle of incidence for the discussion below, the High Court of Swaziland (now Eswatini) applied the
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Internationalism in New Zealand conflict of laws Journal of Private International Law Pub Date : 2021-09-22 Richard Garnett
Internationalism has long been regarded as an important goal of any national conflict of laws system. The three main branches of the subject – jurisdiction, choice of law and recognition and enforcement of foreign judgments – should be developed in a manner sympathetic to the needs of international trade and interaction and allow for recognition of foreign interests. In exceptional cases, however,
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Some reflections on the way ahead for UK private international law after Brexit Journal of Private International Law Pub Date : 2021-05-07 Paul Beaumont
Since 1 January 2021 the UK has moved out of the implementation period for its withdrawal from the European Union (EU) and it is an appropriate time to reflect on the way forward for the UK in developing private international law. This article considers the practical steps that the UK should take in the near future. There is significant work that the UK can do to progress its commitment to the “progressive