Posts Tagged Languages

Sir Peter Singer and languages at the European Court of Justice.

My eye fell last week-end on The Times of London’s obituary of Sir Peter Singer, z”l , who passed away late in December.

The Times recall among others his linguistic skills and refer specifically to his judgment in [2013] EWHC 49 (Fam) DL  v EL, upheld by the Court of Appeal in [2013] EWCA Civ 865Regular readers will be aware of my interest in languages at the CJEU.

Sir Peter was applying the Brussels IIa Regulation 2001/2003 and had to decide inter alia where the child was habitually residing. In an endnote he discussed C-497/10 PPU Mercredi v Chaffe. At 76 he juxtaposes the English and French versions of the judgment (a technique I insist my students and pupils employ), observing the difference between ‘stabilité ‘ used in the French version and ‘permanence’ in the English, concluding that ‘stability’ would be the more accurate term. The Court of Appeal discusses the issue in 49.

Delightfully accurate and erudite.

Geert.

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Inversiones v Cancun. The Dutch Supreme Court on counterclaims and locus damni for diluted shareholdings.

This post can be classified under ‘better late than never’. Thank you Irina Timp for flagging in December, Inversiones v Cancun at the Dutch Hoge Raad. The case concerned alleged dilution of one company’s (Inversiones) shareholding in another as a result of increased emission of shares orchestrated by another shareholder (Cancun). Note that exclusive jurisdiction under Article 24(2), justifiably, was not suggested.

The Hoge Raad focused on the discussion concerning (now) Article 8(3)’s provision for counterclaims: courts even if not the court of domicile of the defendant have jurisdiction ‘on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;’ C-185/15 Kostanjevec is the main reference. Of particular note was the language issue: the Dutch version of the text employs ‘rechtsfeit’: suggestion a narrower interpretation than the English version (‘facts’) just quoted. The Hoge Raad justifiably followed the linguistic implications of the majority of language versions (e.g “facts”, “Sachverhalt”. “fait”) and held in favour of jurisdiction on the basis of a counterclaim.

The result of that finding is that it did not further entertain the consequences of Universal Music on the location of the locus damni for diluted shareholdings: what other factors are needed to have the shareholder’s corporate domicile qualify for same?

Geert.

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Mind your language! Authentic language texts of BITs

Linguistic interpretation features regularly of course in Treaty interpretation, including in Bilateral Investment Treaties – BITs. Kilic Insaat Ithalat Ihracat Sanayi ve Ticaret Anonim Sirketi v. Turkmenistan (ICSID Case No. ARB/10/1) concerned the Turkey-Kyrgyzstan BIT, which is authentic in English and Russian – neither a Turkish nor Turkmen version had been signed.

The tribunal’s analysis of the object and purpose of the Treaty, with a view to determining the procedural requirements prior to submitting to ICSID and given the inconsistencies between the two authentic versions, is a good reminder of similar issues in the EU, on which I reported extensively in previous work (since that paper, the relevance of the issue in the EU has only increased).

Geert.

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