scholarly journals PARTY AUTONOMY IN THE HAGUE CONVENTION ON THE LAW APPLICABLE TO AGENCY

2020 ◽  
Vol 24 (4) ◽  
pp. 1205-1223
Author(s):  
Tatiana V. Novikova
Keyword(s):  
Hague Convention ◽  
Third Party ◽  
International Agency ◽  
Practical Application ◽  
Commercial Arbitration ◽  
Party Autonomy ◽  
The Hague ◽  
The Law ◽  
The Right ◽  
The Hague Convention

The research is relevant due to development of transboundary private legal relations, including agency, recourse to party autonomy and the Hague Convention on the Law Applicable to Agency (the Hague Convention of 1978) potential of practical application. The goal is to analyze the party autonomy standards stipulated by the Hague Convention of 1978, to assess the place of the indicated norms within the system of international norms regarding party autonomy and to make conclusions on potential of its practical application. The main specific legal methods are historical and comparative. Due to insufficient scientific elaboration on the matter the main materials were the international treaty norms, including different language versions and translations, and profound travaux préparatoires enabling to clear up the contents of the norms. The main results include the following conclusions. Firstly, in spite of standpoint widespread in Russian jurisprudence the Hague Convention of 1978 acknowledges party autonomy for two legal relations and stipulates liberal standard for agent and principal relations and strict - for the agents authority in principal and third party relations. Secondly, the Hague Convention of 1978 has the potential of practical application as a part of lex fori of its states parties by court and as a collection of internationally accepted norms by international commercial arbitration. In conclusion the author stresses that it is important for Russian participants of international civil intercourse to have the right perception of the Hague Convention of 1978 norms when choosing a forum for disputes arising out of their international agency agreements.

Hague Convention on the Law Applicable to Traffic Accidents

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Ирина Хлестова ◽  
Irina KHlyestova
Keyword(s):  
Traffic Accidents ◽  
Direct Action ◽  
General Rule ◽  
Hague Convention ◽  
Applicable Law ◽  
The Hague ◽  
The Law ◽  
Contractual Obligations ◽  
The Right ◽  
The Hague Convention

The article analyses of the Hague Convention on Law Applicable to Traffic Accidents of the 4 May 1971. Article 2 of the Hague Convention lays down the general rule: the applicable law is the internal law of the State where the accident occurred. At the same time the Hague Convention states a lot of exemptions from this general rule. In some cases it leads to the application of the law of the country of the vehicle’ registration involved in the accident. The Hague Convention determines the action sphere of the applicable law. The feature of the Hague Convention is that persons who suffered injury or damage has the right of direct action against insurer of the person liable. The problems of correlation of the provisions of the Hague convention and EC Regulation on the law applicable to non-contractual obligations of the 11 July 2007 were considered in the article.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

REFUSAL TO RECOGNIZE AND GRANT PERMISSION TO ENFORCE INTERNATIONAL COMMERCIAL ARBITRATION AWARDS DUE TO IMPROPER NOTIFICATION ABOUT ARBITRATION PROCEEDINGS

2017 ◽  
Author(s):  
Anayit Khoperiya ◽  
Keyword(s):  
Supreme Court ◽  
Hague Convention ◽  
Case Law ◽  
Legal Assistance ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Negative Case ◽  
The Supreme Court ◽  
The Hague ◽  
The Hague Convention

The article analyses the refusal to recognize and grant permission to enforce awards of international commercial arbitration because of improper notification about the arbitration. The study concerns the new case law of the Supreme Court in cases of recognition and granting permission to enforce the awards of international commercial arbitration in cases where the party against whom the decision is made denies that it has been notified of the arbitration or appointment of an arbitrator. Particular attention was paid to the analysis of the decisions of the Supreme Court in cases No. 824/26/19 of November 28, 2019 and No. 824/69/19 of February 13, 2020 on the application of Jurginsky Mashzavod LLC on the enforcing of the decision of the Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation on debt collection from PJSC Pokrovske Mine Management. These decisions were assessed as a negative case law that does not contribute to the development of arbitration in Ukraine. It was concluded that in cases No. 824/26/19 and No. 824/69/19 the Supreme Court formulated two extremely negative opinions for the development of international commercial arbitration: 1) the need to inform the different jurisdictions parties of the arbitration proceedings, where in these jurisdictions the Hague Convention is binding, in form of provision of international legal assistance, which would harm the pace of arbitration proceedings; 2) the necessity to notify the parties by arbitration via mail with a postal description of the enclosed documents. The provisions of the Hague Convention regarding the requirement of arbitration notifications of the parties on the implementation of arbitration proceedings using the procedure of international legal assistance were analysed. It was established that the provisions of this convention cannot be interpreted as establishing an obligation for arbitration tribunals to notify the parties of the arbitration proceedings, which are situated in states-parties to this convention, through the procedure of international legal assistance only. The practice of the Supreme Court in other cases on the recognition and granting permission to enforce of international commercial arbitration decisions, where the party against which the decision was made denies that it has been notified about the arbitration or appointment of an arbitrator, was positively assessed. This practice is pro-arbitration. It was emphasized the importance of forming pro-arbitration practice of the Supreme Court, which ensures the image of Ukraine as a friendly jurisdiction for arbitration and for investment accordingly.

10. International Relocation and Child Abduction

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Hague Convention ◽  
International Relocation ◽  
Child Abduction ◽  
International Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Hague ◽  
The Law ◽  
The Hague Convention ◽  
The Eu

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on international relocation and child abduction. The first question is an essay question that considers the law relating to international relocation, ie how the English courts have dealt with applications to relocate out of the jurisdiction (eg Payne v Payne). The second is a problem question that requires the application of the Hague Convention on the Civil Aspects on International Child Abduction 1980 and the EU Regulations (BIIR), but also considers the law that applies if a child is taken to England and Wales from a country that has not ratified the Hague Convention.

scholarly journals Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition

2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović
Keyword(s):  
Legal System ◽  
Hague Convention ◽  
Roman Law ◽  
Real Property ◽  
Legal Rules ◽  
Significant Difference ◽  
The Hague ◽  
The Law ◽  
Definition Of ◽  
The Hague Convention

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

IV Trust Arbitration as a Matter of International Law, 19 Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and on Their Recognition

2016 ◽  
Author(s):  
von Segesser Georg
Keyword(s):  
Hague Convention ◽  
Conflict Of Laws ◽  
Binding Effect ◽  
Applicable Law ◽  
The Hague ◽  
The Law ◽  
Substantive Law ◽  
The Hague Convention ◽  
International Conventions ◽  
Selection Of

This chapter examines the effect of the Hague Convention on the Law Applicable to Trusts and on their Recognition (Hague Trust Convention) on the law applicable to the arbitration of trust disputes. It also considers the extent to which arbitrators can apply the conflict of laws rules of the convention in cases where the parties have not agreed that these rules should govern the issues in dispute. The chapter is organized as follows. Section II addresses the selection of the applicable substantive law by arbitral tribunals in cases where the parties have not agreed on the applicable law. Sections III and IV cover international conventions and, in particular the Hague Trust Convention, as sources for the selection of the applicable law. Section V deals with the validity and effect of arbitration agreements while Section VI considers the effects of a choice of-law-clause and the binding effect of such a clause for the arbitral proceedings. Section VII addresses the effect of specific conflict of laws rules of the Hague Trust Convention on the law applicable to the merits in international trust arbitration disputes.

Third Party Effects in Private Law

2020 ◽  
pp. 107-136
Author(s):  
Ben McFarlane ◽  
Andreas Televantos
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Third Party ◽  
Private Law ◽  
Party Autonomy ◽  
Practical Operation ◽  
Different Types ◽  
The Law ◽  
The Right

This chapter identifies and explores a core task of private law: to determine “third party effects” of transactions. We ask to what extent an A–B transaction may affect C, a party who enters into a subsequent transaction with A, or otherwise interferes with the right claimed by B. We show first that such third party effects are controlled not only by rules relating to legal property rights and equitable interests, but also by parts of the law of agency, of partnerships, and of tort. Secondly, whilst a range of doctrines thus share this function of controlling third party effects, it is important to distinguish between the precise legal form used by each doctrine. Thirdly, we argue that even when considering one particular form, such as that of a legal property right, third party effect is determined by the interaction of different types of rules, with the practical operation of one type of rule modified by the application of a different type. For this reason, attention must be paid to the interaction between the different forms used to govern third party effect. There is a question as to whether the law in this area is unduly complex, but we suggest that, so long as the range of forms tracks the diversity of ordinary transactions, private law usefully enhances party autonomy by offering parties these different means of casting their legal relations.

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