2nd Litigation Committee Conference on Private International Law, November 17/18 2016, Milan

Palazzo TuratiFollowing the first successful IBA Litigation Committee Conference on Private International in Milan in 2014, the Litigation Committee is presenting the second edition, again in Milan. This year’s topic is The Hague Convention on Choice of Court Agreements: New Perspectives in International Commercial Dispute Resolution (click here for the full programme). Continue reading

Singapore to Ratify Hague Convention on Choice of Court Agreements

Coat_of_arms_of_Singapore_(blazon)_svgWe have covered the Hague Convention on Choice of Court Agreements on several occasions (see, most recently, here and here). Now, the Convention is about to get a new party, and Patrick Dahm, a partner in my firm’s Singapore office, has the details:

On April 14, 2016, the Singapore Parliament has passed the Choice of Court Agreements Bill, about a year after Singapore signed the Convention on March 2015. The Bill is pending presidential assent and publication in the Government Gazette, which will bring it into force.

With this, the number of Convention parties will increase to three nominally, but effectively to 28: prior to Singapore, the Convention had been signed and ratified by Mexico and the European Union (spanning the EU itself and its members except Denmark). Signatories which have yet to ratify the Convention are the USA and Ukraine. Continue reading

Federal Constitutional Court on International Judicial Co-Operation – A US Perspective

US_Supreme_Court_-_correctedOver at Letters Blogatory, Ted Folkman has picked up the decision of the Federal Constitutional Court (Bundesverfassungsgericht) on judicial assistance on which I reported earlier this week. Ted found a nice name for the case, In re Frau R.*, and shared an interesting observation from a US perspective: Continue reading

Federal Constitutional Court: Failure of Court To Seek International Judicial Assistance Violates Right to Effective Judicial Protection

BVerfGThe Federal Constitutional Court (Bundesverfassungsgericht) has held that a court’s failure to avail itself of the tools of international judicial co-operation can amount to a violation of the party’s right to effective judicial protection (Recht auf effektiven Rechtsschutz).

The decision was made in a family law matter, where the existence and validity of an adoption in Romania was in dispute. In the proceedings before the Local Court (Amtsgericht) Frankfurt am Main, the aggrieved party had been unable to produce the underlying Romanian files, but had submitted communication from the respective Romanian authority, that a request from a German court to be granted access to the files would be entertained.

The local court, however, did not attempt to get hold of these files. Its failure to use  “institutionalised facilities and measures of judicial assistance”, in particular those offered by the European Evidence Regulation and the European Judicial Network in Civil and Commercial Matters, in the circumstances of the case rendered its decision unconstitutional. Continue reading