United in Diversity – Regional Unification of the Conflict-of-law Rules in Matters of Matrimonial Property Regimes

The unification of the conflict-of-law rules in matters of matrimonial property regimes at EU level seeks to mitigate differences in substantive law in particular legal systems. The aim of this contribution is to analyse the doctrine of overriding mandatory provisions and consider the applicability of the public policy exception, which limit the application of the law otherwise applicable determined in compliance with the unified conflict-of-law rules. The question author addresses in this paper is whether these institutes of the general part of private international law provide for sufficient safeguards to protect the fundamental values and public interests of the forum law in matters of matrimonial property regimes.

Current Issues of Deciding Cross-border Succession Matters in the Slovak Republic

The European Regulation no 650/2012 unified the determination of jurisdiction and applicable law in succession matters in the Member States of the European Union. At the same time, it underlined other issues that complicate decision making on cross-border succession in the Slovak Republic. One of the most striking is the resolution of the issue of settling the common property of spouses, which under Slovak procedural law, is exercised by a notary in succession proceedings. The Slovak Republic does not participate at the enhanced cooperation on cross-border matrimonial property regimes, so joining jurisdiction in these cases with succession proceedings is very complicated. The present article deals with this and some other issues which the fragmentation of EU private international law brings.

Challenges for the Future Development of the European Private International Labour Law

The paper addresses the evolution of the rules of the European private international labour law and identifies three key challenges that will shape the future development of this field of law and that will have to be addressed by the judiciary and/or the legislators. These challenges include: (i) the operation of the connecting factor engaging place of business, (ii) the interpretation of the escape clause and (iii) challenges resulting from the fourth industrial revolution and emergence of new working arrangements.

Flexibility in Approaches to Conflict-of-law Solutions – Section 24 (1) of the Private International Law Act

The paper deals with the question of flexibility in approaching conflict-of-law rules as a whole. The Czech Private International Law Act (adopted in 2012, in force since 1 January 2014) inclined towards the possibility of not applying the conflict-of-law rules contained in the Act itself under certain specific conditions. This represents a significant change compared to the previous regulations. The paper analyses the escape clause in section 24 (1) Czech PILA.

The Aftermath of the Achmea Case

The paper deals with the implications arising from the Achmea judgment which are far reaching not only for the arbitration community. With regard to investment arbitration, the decision controversially excluded the possibility of arbitration agreements in BITs concluded between EU Member States. The lack of proper reasoning concerning individual arguments used by the CJEU is discussed. The judgment is also being taken as example of increasing practice where decisions are being made based on political needs rather than as a result of legal assessment.

Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments

The article covers a topic of an unconditional automatic recognition of foreign judgments within the European Union. Thus far, a different method in case of foreign judgments has been used. Certain regulations of the EU require exequatur and contain grounds for refusal of recognition and in certain regulations both the exequatur and grounds for refusal of recognition have been abolished. First, the paper deals with the principle of mutual trust (what mutual trust is and in what to trust). Subsequently, the article points out the differences between the principle of mutual trust and the principle of mutual recognition. Finally, it discusses the notion of automatic recognition in the context of free movement of judgments within the EU.

Sharia – Conflict of Law and Culture in the European Context

Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.

Investment Arbitration at the Crossroads of Public and Private International. Current Issues with ISDS

After decades of success, investment arbitration has become an extremely controversial topic, riven by multiple allegations and concerns among the experts and various interest groups. In this contribution, we aim to examine the most relevant and severe of these issues, including regulatory chill. Regulatory chill is a purported phenomenon that claims that investment arbitration favors foreign investors, and thus intimidates host states into refusing to implement policies that would contradict with the interests of foreign investors. We not only examine these problems, but also attempt to suggest some potential remedies for alleviating these issues.

Choice of Court Agreements after Brexit

The aim of the contribution is to assess whether Hague Convention on Choice of Court Agreement and Brussels Ibis Regulation are comparable legal instruments as far as choice of court agreements are concerned. The article shall analyze mutual features of the two legal instruments as well as their divergences in relation to choice of court agreements. The article shall demonstrate whether Hague Convention presents a complete and a comprehensive solution in terms of choice of court agreements for the UK provided that the Brussels Regulation is no longer applicable.

Reciprocity as a Presumption for the Recognition of Foreign Decision

The paper deals with the principle of reciprocity in the field of recognition and enforcement of foreign decisions. The aim is to ascertain the approach of the Czech legal doctrine and the rules of international procedural law in relation to this institute. The issue of reciprocity outside the European judicial area is addressed, as well as the question of whether reciprocity is a non-essential condition in the area of recognition and is interchangeable with other mechanisms affecting this issue.