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Thalia Kruger

Brussels IIa: European Parliament

The European Parliament’s Committee on Legal Affairs (Rapporteur Tadeusz Zwiefka) published their Draft Report on the Commission’s Proposal for the Recast of EC Regulation 2201/2003 (Brussels IIa or Brussels IIbis).

Regarding the jurisdiction, the main points are:

Professor Francisco Javier Zamora Cabot has just published an article on The Rule of Law and Access to Justice in Recent and Key Decisions of the UK Courts

The English abstract reads:

 CALL FOR PROPOSALS FOR A SPECIAL ISSUE OF ACTA JURIDICA

Guest post by Maryam Salehijam:
There is a lack of clarity regarding the obligations that arise from dispute resolution agreements with a mediation/conciliation component. In order to reduce this uncertainty, a chapter of the BOF funded PhD research of Maryam Salehijam (supervisor: Professor Maud Piers) from the Transnational Law Center at the University of Ghent focuses on the question “What are the parties’ obligation under an ADR agreement?” To answer this question, the research is divided into two stages, the first stage involves a questionnaire that assesses the familiarity of legal professionals –including lawyers and third-party neutrals- in selected jurisdictions* with dispute resolution clauses calling for non-binding ADR mechanisms such as mediation/conciliation. Moreover, the questionnaire provides willing participants the opportunity to copy and paste a model or previously utilized dispute resolution clause. In the second stage, the clauses gathered as well as clauses extracted from other sources will be content coded using the software NVivo in order to determine which obligations tend to be reoccurring in the majority of the clauses under analysis.
 
The questionnaire targets individuals who have experience with commercial dispute resolution. The participation in the short questionnaire will require minimum effort, as most questions only require a simple mouse-click. Please note that the information entered in the survey is kept anonymous unless indicated to the contrary by the participants. Moreover, as the analysis takes place on an aggregated level, the findings will not disclose personally identifiable information.  Accordingly, the information provided will only serve scientific purposes. 
 
To complete the questionnaire, please click on the following link:http://lawsurv.ugent.be/limesurvey/index.php/678366?lang=en (closing date 29th of April 2017).
 
Thank you for taking this request into consideration.
 
*Austria, Australia, England & Wales, Germany, Singapore, the Netherlands, and the United States

Belgium signs the 2000 Adults Convention

Belgium has today signed the 2000 Hague Convention on the International Protection of Adults.

This Convention is currently in force in nine States: Austria, the Czech Republic, Estonia, Finland, France, Germany, Monaco, Scotland and Switzerland. It has been signed but not yet ratified by nine other States, now including Belgium.

This new book, edited by Juan José Álvarez Rubio and Katerina Yiannibas, addresses the fact that the increased social and economic power of multinational parties has augmented their capacity to affect human, labour and environmental rights.

The book’s publicity reads:

This is a reminder of the Seminar on Brexit and Private International Law at King’s College London on 26 January 2017.

The seminar will discuss the risks which Brexit poses for the UK as a centre for dispute resolution of civil and commercial disputes, with particular reference to Jurisdiction/Enforcement; Applicable law; Procedure; and Cross-border Insolvency law.

The Centre of European Law at King’s College London is running a series of seminars on the meaning of Brexit and its potential impact on different areas of law. It considers the options for the new legal regime between the UK and the EU, taking into account the international legal framework.

The EUPILLAR Database is live

The EUPILLAR Database, one of the outputs of the EUPILLAR Project funded by the European Union within the scope of the European Commission Civil Justice Programme (JUST/2013/JCIV/AG/4635) and led by the Centre for Private International Law at the University of Aberdeen, is now live. The Database contains summaries in English of over 2300 judgments that were rendered between 1 March 2002 and 31 December 2015 concerning the Brussels I (Brussels I Recast), Brussels IIa, Maintenance, Rome I and Rome II Regulations and the Hague Maintenance Protocol in the Court of Justice of the European Union and in Belgium, Germany, England and Wales, Italy, Poland, Scotland and Spain.

SAVE THE DATE: Brexit and Family Law, 27 March 2017

 

archa joint seminar of the Child & Family Law Quarterly and Cambridge Family Law

27 March 2017, at Trinity College, University of Cambridge