Spain and Germany as Seat of Arbitration: Virtual Event, 4 May 2021

On 4 May 2021, the Madrid International Arbitration Center and the German Arbitration Institute (DIS) are co-hosting a virtual event on Span and Germany as the seat of arbitration. Here’s from MIAC’s president, José Antonio Caínzos:

“The event will focus on the jurisdictions of Spain and Germany, their relationship with international arbitration, as well as their characteristics when being seats of arbitration. The event will start with an introduction by Dr. Herbert Kronke (Chairman of the DIS Board of Directors) following with my presentation of MIAC, as President. Continue reading

Security for Costs after Brexit: New Federal Patent Court Decision and a Question Mark

On 1 March 2021, the Federal Supreme Court (Bundesgerichtshof) held in a patent case that as of 1 January 2021, British claimants have had to provide security for costs under Section 110 para. 1 German Code of Civil Procedure (ZPO) (see here for the related post). In its decision, the Federal Supreme Court found, without providing any detailed reasoning, that no exception pursuant to Section 110 para. 2 ZPO applied: There was no international treaty in force that would exempt British claimants from the obligation to provide security for costs (for the European law background to Section 110 ZPO, see my post at zpoblog.de). Implicitly, the Federal Supreme Court hence also addressed the question whether “old” multilateral treaties such as the 1968 Brussels Convention or bilateral treaties such as the 1960 British-German Convention were revived after Brexit. Continue reading

Brexit and Lugano: First Anniversary of the UK’s Application

On 8 April 2020, the United Kingdom deposited an application to accede to the Lugano Convention, with the Swiss Federal Council, the depositary under the Convention. Acceding to the Lugano Convention as a replacement for the Brussels Regulation (recast) had emerged as the UK’s preferred strategy for judicial co-operation in civil and commercial matters (even though the European Court of Justice does have a role in the Lugano regime under Protocol 2 on the uniform interpretation of the Convention and on the Standing Committee). Continue reading

The Month in Retrospect: What Else Happened in March 2021

European Parliament: Resolution on Corporate Due Diligence and Corporate Accountability

On 11 February 2021, the Committee on Legal Affairs of the European Parliament had adopted a Report and a draft Resolution on corporate due diligence and corporate accountability. On 10 March 2021 the European Parliament adopted the Resolution by a large majority. The Parliament’s proposals to amend the Brussels Ia and Rome II Regulations, however, did not survive. For a discussion of these proposals, see the blog posts by Jan von HeinChris TomaleGiesela RühlEduardo Álvarez-Armas and Geert van Calster

Israel Signs Choice of Court  and Judgments Conventions

On 3 March 2021, Israel signed two Hague Conventions, namely the 2005 Choice of Court Convention and the 2019 Judgments Convention. The 2005 Choice of Court Convention, which currently binds 31 States and the EU, will enter into force for Israel once it deposits an instrument of accession or ratification. The 2019 Judgments Convention is not yet in force; Israel is the third signatory to the Convention.

Thailand Becomes HCCH Member, El Salvador Applies for Membership

On 3 March 2021, Thailand became the 88th Member of the Hague Conference on Private International Law (HCCH) and El Salvador applied for membership. Following a six-month voting period and provided a majority of votes have been cast in its favour, El Salvador will be invited to become a Member.

Good Old-fashioned Print: IPRax

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2021: Abstracts

 

The illustration shows Robert Boyle’s collection of essays (2nd Edition, London 1669).