The Draft Hague Convention on the Recognition and Enforcement of Judgments: Light at the End of the Tunnel?

On Monday, February 25, 2019, the Center for Transnational Litigation, Arbitration, and Commercial Law will host the February session of the Center’s Forum entitled “The Draft Hague Convention on the Recognition and Enforcement of Judgments: Light at the End of the Tunnel?”. The event, which will take place at NYU School of Law’s Furman Hall, 245 Sullivan St., Lester Pollack Colloquium Room, 9th floor, from 6:00-8:00 pm, and will be moderated by Professor Linda Silberman, the Charles D. Ashley Professor of Law at New York University and the Co-director of the Center.

The event will be an opportunity to discuss the Hague Conference’s proposal for a world-wide Judgment Convention (the latest version of which you can find here).

On the occasion of this session, Professor Ronald Brand and Mr. David Goddard will comment on the Hague Conference’s proposal. Their comments will be based on their papers, which you may download by clicking here and here.

Ronald A. Brand is the Chancellor Mark A. Nordenberg University Professor of Law, John E. Murray Faculty Scholar, and Academic Director of the Center for International Legal Education at the University of Pittsburgh School of Law.  He has taught and lectured in many countries, and in 2011 delivered a special course on private international law at the Hague Academy of International Law.  He is a former Fulbright Scholar in Belgium, a former Fellow of the Institute of Advanced Studies at the University of Bologna, a recipient of the ABA Section on International Law’s Leonard A. Theberge Award in Private International Law, and a recipient of a Dr. Jur. honoris causa from the University of Augsburg.  Brand was a member of the U.S. Delegation to the Special Commissions and Diplomatic Conference of The Hague Conference on Private International Law that concluded the 2005 Convention on Choice of Court Agreements, and has been a member of the U.S. Delegation to the Hague Conference Special Commission on Judgments, which is preparing a Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters.

David Goddard is one of New Zealand’s leading barristers. He specializes in appellate advocacy, appearing frequently before the Court of Appeal and the Supreme Court. His more than 30 appearances in the Supreme Court include major public law and Treaty of Waitangi cases, in many of which he was counsel for the New Zealand Government. He also acts as an arbitrator in commercial disputes. In 2011, he was appointed as a member of the Commonwealth Secretariat Arbitral Tribunal. He is currently the Acting President of that Tribunal. David has an extensive involvement in law reform in New Zealand and overseas. He advises ministers and government agencies on a wide range of policy issues. He has represented New Zealand in bilateral and multilateral negotiations. He has drafted legislation and treaties in a number of fields including company law, contract law, private international law, and regulation of cross-border commercial activity. He was chair of the HCCH Judgments Project Special Commission that prepared the 2018 Draft Convention to be discussed on the occasion of the February session of the Forum. He was a drafting committee member and Vice-President of the Diplomatic Conference that adopted the Choice of Court Convention in 2003. He was one of the architects of the trans-Tasman regime for service of court proceedings and enforcement of judgments, which came into force in 2013. David is spending the 2018/2019 academic year at the NYU Hauser Law School as a Senior Global Fellow from Practice and Government.

Linda Silberman is the Charles D. Ashley Professor of Law at New York University and the Co-director of NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law. Professor Silberman also holds an Honorary Professorship at Queen Mary University of London in the Centre for Commercial Law Studies.  She is a member of the U.S. Department of State Advisory Committee on Private International Law and has served on numerous U.S. State Department delegations to the Hague Conference. Professor Silberman has served as an Adviser on four different projects of the American Law Institute (ALI): the Restatement Third of the US Law on International Commercial Arbitration, the Restatement Fourth of the Foreign Relations Law of the United States, the Restatement Third on Conflict of Laws, and Intellectual Property : Principles Governing Jurisdiction, Choice of Law and Judgments in Transnational Disputes. Previously, she was co-reporter for the ALI’s Project on Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute. Professor Silberman teaches and writes in the areas of Civil Procedure, Conflict of Laws, Comparative Procedure, International Litigation, International Arbitration, and International Child Abduction. She is the 2018 recipient of the “Leonard J. Theberge Award for Private International Law” from the ABA Section on International Law.  Professor Silberman has been invited to give the general course on Private International Law at the Hague Academy of International Law in 2020.

The Center for Transnational Litigation and Commercial Law aims at the advancement of the study and practice of international business transactions and the way to solve related disputes either through litigation or arbitration. As commercial transactions become increasingly international, it is vital to the legal and business communities to understand and analyze the practices and legal principles that govern relationships between firms and between firms and consumers in the international arena