Friday, December 31, 2004

European Comission public hearing on the Draft Convention on Exclusive Choice of Court Agreements

The Hague Conference on Private International Law is in the final stages of preparation of a Convention on Exclusive Choice of Court Agreements ("Convention"). The Convention shall be adopted during a Diplomatic Conference at The Hague which shall take place from 14 to 30 June 2005. The latest version of the draft text of the Convention is contained in the Working Document No. 110 Revised of the Hague Conference.
The European Commission is participating in the negotiations of this Convention on behalf of the European Community. To prepare the last round of negotiations, the Commission has published in August 2004 a Consultation Paper analysing some of the important aspects of the Draft Convention and seeking reactions from interested subjects.
The Public Hearing will mainly focus on the most important questions raised by the Consultation Paper, but will also discuss other relevant issues raised in relation to the draft Convention. To this end, the participants are requested at the occasion of their registration, to specify issues which they wish to discuss in the course of the hearing.

The Hearing will take place on 31 January 2005 (9h30) at the Centre Albert Borschette, 36 rue Froissart, 1040 Brussels
Registration form here.

Wednesday, December 29, 2004

Página de dip do Departamento de Estado Norte Americano

Página que contém muita informação, com o seguinte objectivo:

"to provide a convenient location to find treaties in force for the United States, other international instruments, and information on current negotiations and projects covering the private international law of such areas as trade and commerce, finance and banking, trusts and estates, family and children matters, and international judicial assistance".

Friday, December 24, 2004

INTERNATIONAL CONFERENCE ON THE LEGAL ASPECTS OF AN E-COMMERCE TRANSACTION

Conference programme

(For the abstracts of the speakers, click on their name.)


day 1 | tuesday 26 october 2004


10.00 Opening remarks:

Hans van Loon, Secretary General of the Hague Conference on Private International Law
Kees van der Waaij, Chairman of ICC Nederland and of Unilever Nederland


10.30 THE PRE-CONTRACTUAL PHASE

Advertising, Competition, Infringement of Intellectual Property Rights

Introduction and moderation: Paul Torremans, Professor of Law,
University of Gent, Belgium, and University of Nottingham, United Kingdom

Oliver Gray, Secretary General of EASA (European Advertising Standard Alliance)
and Co-chair of ICC Task Force on Code Revision, Belgium

Self-regulatory principles on marketing and advertising, which use the Internet,
online services, electronic networks and the telephone.
What are the legal pitfalls for companies engaged in online marketing?
ICC Guidelines on Marketing and Advertising using Electronic Media (PowerPoint presentation)

Erich Wiegand, Vice-Chair ESOMAR (World Association of Opinion and Marketing
Research Professionals) Professional Standards Committee, Amsterdam, Netherlands

Market research activities in an online context. The difference between marketing and market research – which self-regulatory rules are in place, and how are they enforced?
ICC/ESOMAR International Code of Marketing and Social Research Practice (PowerPoint presentation)

11.15 Coffee break

11.30 Claudia Hahn, Administrator, Unit “Justice and Home Affairs”, European Commission

The law applicable to non-contractual relationships in an online context (Rome II – in particular unfair competition, tort and infringement of intellectual property rights)
Impact of the proposed Rome II Regulation on e-commerce

Lucinda Jones, Senior Legal Officer, World Intellectual Property Organization (WIPO)

WIPO update on intellectual property issues in the digital agenda (PowerPoint presentation)

Jane Ginsburg, Professor of Law, Columbia University, New York, USA

Copyright on the Internet
Example of national legislation – Digital Millenium Copyright Act
How does the relationship between national and international legislation influence e-commerce?

Yuko Nishitani, Associate Professor of Law, Tohoku University, Japan

Questions relating to copyright infringement on the Internet
The Japanese approach from a comparative perspective

13.00 Lunch break

14.30 THE CONTRACTUAL PHASE

Negotiation and Conclusion of the Contract: Formal and Substantive Validity, Choice of Court and Choice of Law Clauses

Introduction and moderation: Stefan Leible, Professor of Law, Friedrich-Schiller-Universität Jena, Germany

José Angelo Estrella Faria, Legal Officer, UNCITRAL

How should the legal validity of electronic messages be assessed:
UNCITRAL Model Law on Electronic Commerce 1996 (PowerPoint presentation)
UNCITRAL Model Law on Electronic Signatures 2001
Work in Progress: Project of a Draft UN Convention on Electronic Contracting (PowerPoint presentation)

Ake Nilson, Chairman, Allagraf Ltd, United Kingdom

What are the legal implications of moving contracting safely from a paper-based environment to an electronic environment?
Paction, the online sales contract application (PowerPoint presentation)
ICC Model Contracts

Michael Hellner, Special Adviser, Ministry of Justice, and
Associate Professor in Private International Law, Uppsala University, Sweden

The EC Directive on electronic commerce and private international law (PowerPoint presentation)

16.00 Coffee break

16.30 Simone van der Hof, Assistant Professor, Tilburg University, The Netherlands

International online B2B contracts in Europe and the U.S. – a Private International Law Perspective
with a focus on the validity of choice of court and choice of law clauses (PowerPoint presentation)

John Rothchild, Associate Professor of Law, Wayne State University Law School, Detroit, Michigan, USA

U.S. jurisdiction over e-commerce transactions: Recent case-law
UCITA (Uniform Computer Information Transactions Act) – legislation on software transactions (PowerPoint presentation)

Evangelos Apostolou, Senior Counsel, Global Services, British Telecom Plc, United Kingdom

B2B Online Contracting – The legal challenges facing business

19.00 Reception offered by the Mayor of The Hague, Mr Wim Deetman, at the Town Hall


day 2 | wednesday 27 october 2004

9.30 THE PERFORMANCE PHASE

Panel A: Shipping of Goods, Delivery of Service, Online Performance

Introduction and moderation: Mads Bryde Andersen, Professor of Law, University of Copenhagen, Denmark

James Bryce Clark, Manager of Technical Standards Development, OASIS, USA

Will widespread adoption of uniform rules and principles governing contractual relationships facilitate e-commerce?
UNIDROIT Principles of International Commercial Contracts 2004

José Angelo Estrella Faria, Legal Officer, UNCITRAL

CISG and e-commerce

Jan Ramberg, Professor emeritus, Stockholm University, Sweden

ICC’s Incoterms has been a codified business standard since 1936
How have the technological changes influenced Incoterms, and is Incoterms 2000 geared for use in an electronic trading environment?

11.00 Coffee break

11.15 Panel B: Electronic Payment and Taxes

Marc Lacoursière, Assistant Professor, Université Laval, Québec, Canada

Legal aspects of electronic payments (PowerPoint presentation)

Anna Nordén, General Counsel, Tekki AB, Stockholm, Sweden

Electronic invoicing in the light of the EU VAT Directive 2001/115/EC (PowerPoint presentation)

William Craig, School of Law, Aberdeen, United Kingdom

E-commerce and international taxation (PowerPoint presentation)

12.30 Lunch break


14.00 THE POST-CONTRACTUAL PHASE AND DISPUTE RESOLUTION

Service Agreements, Guarantee Periods, Handling of Personal Data, Confidentiality, Spam, Product and Service Liability

Introduction and moderation: Michael Geist, Professor of Law, University of Ottawa, Canada

Sarah Andrews / Michael Donohue, OECD, Directorate for Science, Technology and Industry

OECD’s work on User Trust Online (PowerPoint presentation)

Rinaldo Sali, Deputy Secretary General, Chamber of National and International Arbitration of Milan, Italy

Crossing dispute resolution and information technology. The experience of RisolviOnline

Michael Geist, Professor of Law, University of Ottawa, Canada

Untouchable? A Canadian Perspective on the Anti-Spam Battle (PowerPoint presentation)

Alexander Matveev, Deputy Director, Ministry of Foreign Affairs, Moscow, Russian Federation

The Russian approach to the issue of e-commerce regulation

Andrea Schulz, First Secretary, Hague Conference on Private International Law

Work in Progress: Project of a Draft Hague Convention on Exclusive Choice of Court Agreements (the Judgments Project)


16.30 – 17.00 Closing remarks by Laurens Jan Brinkhorst, Minister of Economic Affairs of the Netherlands

Thursday, December 23, 2004

Europäische Rechtsakademie Trier (ERA)

Próximas conferências de interesse para o dip na Academy of European Law:

European Civil Procedure: the Regulations on Civil and Commercial Matters (Trier, 1-3 February 2005)

Judicial Cooperation in Civil Matters in the European Union (Prague, March 2005)

Recent Developments in Private International Law and Business Law (Trier, 28-29 April 2005)


Wednesday, December 22, 2004

Macquarie Bank v Berg: A Private International Law Critique

Um comentário recente ao acórdão australiano indicado em epígrafe suscita questões do... ciber-direito internacional privado.

Tuesday, December 21, 2004

Private International Law E-Mail Discussion Forum

The British Institute of International and Comparative Law is pleased to announce the launch of its first subject specific e-mail discussion forum, focussed on private international law.
The objective of the forum is to promote discussion and analysis of recent developments and themes in private international law. The subject matter of discussion is selected and developed by forum members, who will be able to contribute on any topic which they consider of interest to other members. The Institute plans to identify matters of particular topical interest and to include these in its programme of seminars, lectures and meetings. The forum is free to join and participate and is open to both members of the Institute and non-members. An e-mail address is all that is required.
To join, either follow the instructions on the list homepage or send an e-mail message to listserv@jiscmail.ac.uk with the following text in the main body of the message:
“SUBSCRIBE biicl-privateintlaw ”.
For further information on any aspect of this initiative, please contact Hugo Warner:
h.warner@biicl.org
Tel. 020 7862 5167


Source: British Institute of International and Comparative Law Web Page.

Hague Draft Convention on Choice of Court Agreements: Draft Report

A Draft Report (Dec. 2004; prel. doc nº 26) on the PRELIMINARY DRAFT CONVENTION ON EXCLUSIVE CHOICE OF COURT AGREEMENTS is available on the new Hague Conference on Private International Law web site.

Monday, December 20, 2004

EU Human Rights Agency: European Council 17-12-2004 (Presidency Conclusions)

From the Presidency Conclusions:

The European Council called for further implementation of the agreement by the representatives of the Member States meeting within the European Council of December 2003 to establish an EU Human Rights Agency which will play a major role in enhancing the coherence and consistency of the EU Human Rights policy.

Sunday, December 19, 2004

Bibliografia de DIP: IPRax

Podem encontrar-se no site da revista alemã IPRax (Praxis des Internationalen Privat- und Verfahrensrechts) seleccções regulares da principal bibliografia de DIP (incluindo o direito processual civil internacional). A correspondente ao último número da revista pode encontrar-se aqui.

Friday, December 17, 2004

"Can the Hague Judgments Convention be saved through radical downsizing?"

JASON WEBB YACKEE says yes, in a very interesting article at Duke Law Journal: "A Matter Of Good Form: The (Downsized) Hague Judgments Convention And Conditions Of Formal Validity For The Enforcement Of Forum Selection Agreements".

Wednesday, December 15, 2004

Council of the European Union - Justice and Home Affairs - Brussels, 2 December 2004

Matrimonial and parental responsibility - Malta
The Council adopted a Regulation amending Regulation 2201/03 concerning jurisdiction,
recognition and enforcement of judgments in matrimonial and parental responsibility matters, in
order to take into account Malta's agreement with the Vatican (13739/04).
Trade law - International transport of goods
The Council agreed on guidelines concerning the ongoing negotiation of an instrument on the international carriage of goods within the framework of the United Nations Commission on International Trade Law (UNCITRAL).

Monday, December 13, 2004

Gutnick v Dow Jones: defamation and internet

Um interessante artigo numa revista australiana on-line termina com as seguintes conclusões a propósito do nosso conhecido caso Gutnick:


26. Authors who post material on the Internet may now find themselves the subject of proceedings in foreign jurisdictions, even if the material does not offend the law where it is posted, provided that the material has a sufficient connection with the jurisdiction where proceedings are instituted. Those responsible for the operation of a site may similarly find themselves subject to an action for defamation.

27. However , the Courts have been careful to discourage “forum shopping” by Plaintiffs who are seeking to bring their claim in a jurisdiction which provides them with a greater chance of success. It is clear that the action must have a substantial connection with the place where proceedings are instituted.

28. The case has the potential to have a major impact on the way media companies operate throughout the world. However, it is also relevant on a smaller scale and even at a local level, care should be taken by both publishers and Internet site operators to consider the content of websites and other publications in light of this recent authority.

Lei aplicável à sucessão por morte: um acórdão espanhol

Pode encontrar-se no dip extenso um acórdão espanhol que versa sobre questões interessantes: prova da nacionalidade estrangeira, prova do conteúdo do direito estrangeiro, reenvio.

Fonte: uma interessantíssima página espanhola sobre DIP, de Calvo Caravaca e Carrascosa González.

Sunday, December 12, 2004

Sociedades anónimas europeias: um anteprojecto pelo caminho?

Este é um dos anteprojectos legislativos que deverá ficar pelo caminho com a demissão do Governo.

Friday, December 10, 2004

Judicium: processo civil em Itália e na Europa

Pode encontrar-se aqui. Ver, em especial a secção relativa ao Diritto privato internazionale e comparato.

Thursday, December 09, 2004

European and Comparative Private Law Page

Here you can find lots of information about the different study groups on European Private Law. Additionally, it is possible to browse a large list of materials and references.

Sunday, December 05, 2004

Rome II Regulation: House of Lords Report 2004

The Report is available here. See, in particular, the critical comments on article 24 (non-compensatory damages).

Saturday, December 04, 2004

EU law to ban pressure selling: Commission welcomes Council’s common position

Ver informação aqui.

Friday, December 03, 2004

Acórdão STJ de 2-11-04: venda FOB

Ver o texto do Acórdão.

Wednesday, December 01, 2004

Practice Guide for the application of the new Brussels II Regulation

A Practice Guide (pdf 298 KB) for the application of the new "Brussels II Regulation" (Council Regulation (EC) No 2201/2003 of 27 November 2003
concerning jurisdiction and the recognition and enforcement of
judgments in matrimonial matters and the matters of parental
responsibility, repealing Regulation (EC) No 1347/2000) has been drawn by the Commission services.

The Guide helps to concretely understand the new provisions of the regulation, which lays down harmonised rules on the jurisdiction, recognition and enforcement of judgements on parental responsibility and will enter into application on 1 March 2005.

Fonte: Página da Comissão sobre o espaço de liberdade, de segurança e de justiça.