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

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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).

Federal Supreme Court: First Post-Brexit Decision on Procedural Issue

To the best of my knowledge, the Federal Supreme Court (Bundesgerichtshof) decision of 1 March 2021 is the first one dealing with one of the procedural issues arising after Brexit, namely the question of security for costs to be posted by British plaintiffs in German proceedings pursuant to Section 110 German Code of Civil Procedure (Zivilprozessordnung, ZPO). In this case, proceedings were already pending before the United Kingdom’s effective withdrawal from the European Union. Implicitly, the Federal Supreme Court also addresses 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

Art Law: New Recommendation of the Advisory Commission in Grawi vs. Düsseldorf

On 26 March 2021, the Advisory Commission published its recommendation regarding the restitution claim brought by the heirs of Kurt and Else Grawi against Düsseldorf. As noted earlier, the Advisory Commission appears to be on track for a new record: It started the year with two recommendations regarding  Max Fischer v. Staatliche Kunsthalle Karlsruhe, and Heinrich Rieger v. Stadt Köln within a couple of days, and now issued its third decision in 2021. To put this into perspective: From its inception in 2005 until 2020, the Advisory Commission had issued a total of 18 recommendations. With one exception, it never issued more than two recommendations in one year, and never more than three.

In its most recent decisions, the Advisory Commission recommends that the City of Düsseldorf returns the  Franz Marc painting “Füchse” to the heirs of Kurt and Else Grawi. The recommendation was not made unanimously. It was passed by a majority, with six members voting in favour, and three against the recommendation. Continue reading

Frankfurt Court of Appeals: Award Can be Based on Tribunal’s Own Internet Research

In a decision published on 26 March 2021, the Frankfurt Court of Appeals (Oberlandesgericht) held that in arbitral proceedings, the arbitral tribunal is entitled to base its award on the results of its own internet research. On that basis, the Frankfurt Court of Appeals declared an arbitral award between two pharmaceutical companies for approx. EUR 140 million enforceable. Continue reading

Hamburg International Arbitration Days, 22 – 24 March 2021

From 22 to 24 March 2021, the 5th Hamburg International Arbitration Days will take place online – Hamburg has never been closer: wherever you are, it is only a click away! The main event on 23 March 2021 is organised by the Center for International Dispute Resolution at Bucerius Law School and will focus on selected issues of multi-party arbitrations. Continue reading