ELI – UNIDROIT Joint Workshop on Civil Procedure

In 2013, the European Law Institute (ELI) and UNIDROIT agreed to work together in order to adapt the 2004 Principles of Transnational Civil Procedure developed by the American Law Institue and UNIDROIT from a European perspective and develop European Rules of Civil Procedure. This project will take the 2004 Principles as its starting point and will develop them in light of: i) the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union; ii) the wider acquis of binding EU law; iii) the common traditions in European countries; iv) the Storme Commission’s work; and v) other pertinent European sources.

The 1st exploratory workshop in Vienna

The 1st exploratory workshop, to be held in Vienna on 18 and 19 October 2013, aims at an initial analysis of a series of different topics, ranging from due notice of proceedings to enforcement, with a view to identifying the most promising issues and the most appropriate methodological approach for the project. The event will be divided into a public conference, scheduled for 18 October, and an in-depth workshop for invited participants following the public discussion, which should lay the foundations for the elaboration of the ultimate project design by the ELI and UNIDROIT.

The workshop will bring together leading experts from academia and legal practice in the field of civil procedural law. It is anticipated that it will both produce an inspiring debate and mark an important first step towards establishing a working group that can carry the project to a successful conclusion.

Programme: Public Conference

Friday 18 October 2013

Venue: Palace of Justice, Schmerlingplatz 11, Vienna, Austria

Chair: Loïc Cadiet (University Paris 1, President of the International Association of Procedural Law)

10:30-11:00 Opening and Welcome by the Secretary-General of UNIDROIT and the President of the ELI

11:00-12:00  The 2004 ALI/UNIDROIT Principles: Geoffrey C. Hazard and Antonio Gidi (American Law Institute)

12:00-12:30 General Discussion

12:30-13:30 Lunch break

13:30-14:00 The European Acquis of Civil Procedure: Constitutional Aspects
Alexandra (Sacha) Prechal (Court of Justice of the European Union)

14:00-14:30 European Acquis of Civil Procedure: The Existing Body of Rules
Burkhard Hess (Max Planck Institute Luxembourg)

14:30-14:45 Procedure: The Agenda of the European Commission
Paraskevi Michou (European Commission)

14:45-15:15 General Discussion

Beginning at 15:30 on Friday 18 October, and continuing on the morning of 19 October from 09:00 to 14:00 there will be a closed expert seminar. Friday’s session will be chaired by Thomas Pfeiffer from Heidelberg University, and will focus on the following topics: Structure of the Proceedings, Provisional and Protective Measures and Access to Information and Evidence. Marcel Storme will chair the session on Saturday morning and oversee discussions on: Due Notice of Proceedings, Obligation of the Parties and Lawyers and Multiple Claims and Parties. It will be followed by the afternoon session, chaired by Verica Trstenjak where the following topics will be discussed: Costs, Lis Pendens and Res Judicata and Transparency of assets and enforcement.

More information is available here.

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About Gilles Cuniberti

Gilles Cuniberti is a professor of law at the University of Luxembourg. Previously, he taught for 10 years at the Faculty of Law of Paris 12 University (Paris Val-de-Marne). His primary teaching and research interests are comparative law, conflict of laws, international arbitration and international litigation. He is a regular contributor to the Journal de Droit International (Clunet). He has been a visiting faculty at Duke Law School, Renmin University of China and Sheffield Hallam University. He holds a Doctorate in Law from Paris I Panthéon-Sorbonne University and an LL.M. degree from Yale Law School. He was also a Paris-Oxford Doctoral Program Scholar for a year at Trinity College, Oxford. He is admitted to the Paris Bar and practiced on a part-time basis in the Paris office of a leading English firm from 1999 to 2004. SELECTED ARTICLES: Beyond Contract - The Case for Default Arbitration in International commercial Disputes, 32 FORDHAM INT'L L.J. 417 (2009) Le principe de territorialité des voies d'exécution, JOURNAL DU DROIT INTERNATIONAL 2008.963 The Recognition of Judgments Lacking Reasons in Europe: Access to Justice, Foreign Court Avoidance and Efficiency, 57 INT’L & COMP. L. Q. 25 (2008) L’apprezzamento dell’efficacia della clausola arbitrale da parte del giudice statale : un conflitto tra Italia e Francia, 21 DIRITTO COMMERCIO INTERNAZIONALE 2007.789 (with M. Winkler) E-mail: gilles.cuniberti@conflictoflaws.net