Hard Brexit for Judicial Cooperation: No Revival of Brussels, Rome Conventions

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Given the activities of the Advisory Commission, with two recommendations and a press release on a default with a couple of weeks, the blog has been rather art law-heavy recently. So for a change, let’s revisit another recurring theme: Brexit! Over at legal twitter, Professor Steve Peers published a “thread on where we stand with EU conclusion of the Brexit deal, based on internal unpublished Council documents.” One of these documents Professor Peers shared is a letter of the UK Mission to the European Union dated 29 January 2021. It reads, in its relevant part, as follows: Continue reading

The Month in Retrospect: What Else Happened in January 2021

Good Old-fashioned Print: IPRax and RabelsZ

The first issue of this year’s IPRax is now out, and English-language abstracts can be found over at Conflict of Laws. The same is true for RabelsZ: Issue 1/2021 is available online, with abstracts on Conflict of Laws. The focus of RabelsZ is on private international law, whereas IPRax does have a couple of procedural articles on post-Brexit judicial cooperation, on cum-ex jurisdiction as well as on the Lugano Convention and the Brussels Regulation. Continue reading

Art Law: Artist’s Resale Right After Brexit

The artist’s resale right (droit de suite) entitles artists or their heirs to a royalty in relation to secondary sales of their works, calculated as a percentage of the resale price. Some players in the London art market had seen Brexit as an opportunity to get rid of the artist’s resale right, as in their view, it put London at a disadvantage with marketplaces in the United States or Switzerland, where no such right exists.

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Brexit: Council Decision on Members of the EU-UK Arbitration Panel

While the Brexit Deal continues to make headlines, the EU and the UK carry on with the implementation of the institutional Brexit arrangements. The Withdrawal Agreement provides for an EU-UK Arbitration panel to decide disputes between the parties. Yesterday, the Council Decision appointing the members of the panel was published. The title of the document is quite a mouthful, but then it tells you all there is to know about the document, the remainder really is just a list of names: Continue reading