Giustizia consensuale No 1/2023: Abstracts

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The first issue of 2023 of Giustizia Consensuale (published by Editoriale Scientifica) has just been released, and it features:

Annalisa Ciampi (Professor at the University of Verona), La giustizia consensuale internazionale (International Consensual Justice; in Italian)

All means of dispute settlement between States, including adjudication, are based on the consent of the parties concerned. The post-Cold War era saw an unprecedented growth of third-party (judge or arbitrator) dispute resolution systems. In more recent years, however, we are witnessing a weakening of the international judicial function. This paper analyses and explains similarities and differences between dispute settlement between States and dispute resolution between private parties at the national level. Whilst doing so, it makes a contribution to the question of whether the de-judicialisation taking place in Italy and elsewhere, as well as in the international legal system, can be considered a step in the right direction.

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Preliminary contract but not a ‘contract for the provision of services’ under Article 7(1)(b) of the Bru I bis Reg., CJEU in EXTÉRIA, C-393/22

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Does a preliminary contract obliging the parties to conclude a future ‘contract for the provisions of services’ within the meaning of Article 7(1)(b) of the Brussels I bis Regulation borrow its characterisation from such a future contract and, as a consequence, the claims resulting from this preliminary contract can be brought before the courts for the place where the services were or should have been provided? This is the question that the Court of Justice answered in the negative in its judgment handed down this morning in the case EXTÉRIA, C-393/22.

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New Volume of the Japan Commercial Arbitration Journal

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The Japan Commercial Arbitration Association (JCAA), one of the oldest international arbitration institutions in the world, founded in 1950, has started to publish its annual journal on commercial arbitration – “Japan Commercial Arbitration Journal” – entirely in English. The Journal’s Volume 4, which has been published recently, features the following articles:

Miriam Rose Ivan L. Pereira

Combining Interactive Arbitration with Mediation: A Hybrid Solution under the Interactive Arbitration Rules

 

Masaru Suzuki, Shinya Sakuragi

The Use of Technology in the International Commercial Arbitration and the Consideration of Rulemaking

 

Kazuhisa Fujita

Current Status of International Arbitration from the Perspective of Corporate Law and Japan as the Place of Arbitration

 

Dai Yokomizo

International Commercial Arbitration and Public Interests: Focusing on the Treatment of Overriding Mandatory Rules

 

Yuji Yasunaga

Extending the Application of an Arbitration Agreement Involving a Corporation to Include its Representative

 

Kazuhiro Kobayashi

Scope, Amount and Sharing of Arbitration Expenses and Court Costs in Japan

 

Leon Ryan, Shunsuke Domon

Disputes in India ? Lessons from Mittal v Westbridge

 

Junya Naito, Motomu Wake

Potential for a New Arb-Med in Japan

Yoshihiro (Yoshi) Takatori

Arbitrator Training and Assessment ? How to Increase and Strengthen Resource of Arbitrators and ADR Practitioners

 

Shuji Yanase

On Dual Conciliation by Two Conciliators

 

Takeshi Ueda

Discussions and Challenges in Promoting Online Dispute Resolution

 

Shinji Kusakabe

Civil Litigation after the Introduction of IT, as Suggested by Scheduled Proceedings in Commercial Arbitration

 

All volumes can also be freely consulted and downloaded here.

Transatlantic Dialogue in Private International Law: family and personal status, 12-13 October, Coimbra

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The Institute of Legal Research of the University of Coimbra is organising an event in their series of Transatlantic Dialogues in Private International law. On 12 and 13 October the topic is Family and Personal Status on the Move.

The programme includes the main developments in family law and personal status, name, multiple parenthood, gender and polyamorous relationships. Besides, there is a session for young researchers, for whom the organisers opened a call for papers. A 300-word abstract should be submitted by mail to dulcel@fd.uc.pt and paulavit@fd.uc.pt. by 20 September.

See the Call for papers booklet

The organisers are Dulce Lopez, Guillermo Palao  Moreno, Nicolas Nord and Paula Távora Vítor.

The event is hybrid, but registration is required.

 

Review of: Recognition and Enforcement of Foreign Arbitral Awards (Ferrari, Rosenfeld, & Kotuby Jr.)

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Franco Ferrari, Friedrich Rosenfeld, & Charles T. Kotuby Jr., Recognition and Enforcement of Foreign Arbitral Awards: A Concise Guide to the New York Convention’s Uniform Regime 

Cheltenham, Edward Elgar, 2023

178 pp. Hardback : £72 eBook:  £20

 

Recognition and Enforcement of Foreign Arbitral Awards

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Out Now: The Brussels I-bis Regulation (Lazic & Mankowski)

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Vesna Lazic and Peter Mankowski, The Brussels I-bis Regulation: Interpretation and Implementation, Edward Elgar 2023 (602 pp)

This impressive book on the Brussels I-bis Regulation has just been published. It results from a project headed by Vesna Lazic (Utrecht University/T.M.C. Asser Institute) and the late Peter Mankowski (formerly University of Hamburg), in co-operation with Lucia Pein (Hamburg University), entitled ‘Regulation Brussels Ia: a standard for free circulation of judgments and mutual trust in the European Union’ (JUDGTRUST) funded by the European Commission’s Justice Programme (JUST-AG-2017/JUST-JCOO-AG-2017). The research for this project consisted among others of a questionnaire and national reports from all the Member States on the application of the Regulation. This book provides an extensive overview of the CJEU rulings and analysis of case law, which will be of great importance for future reference and the ongoing evaluation and revision of the Brussels I-bis Regulation.

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Anchor defendants and exclusive distribution agreements under Article 8(1) of the Bru I bis Regulation – CJEU in Beverage City Polska, C-832/21

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How does the anchor defendant mechanism operate in the realm of EU trade marks and actions on trade mark infringement? Is the existence of an exclusive distribution agreement between the defendants sufficient to rely on this mechanism? Those are the questions that the Court of justice addresses in its judgment handed down this morning in the case Beverage City Polska, C-832/21.

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Lecture by Prof. Dr. Horatia Muir Watt: “Ecological Jurisprudence: The Shape of Legality at its Own Last Frontier (a Private International Law Approach)” on 27 October 2023 at 17:00 (CEST) at Maastricht University

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On 27 October 2023, the Department of Private Law of Maastricht University (the Netherlands) is hosting a lecture by Prof. Dr. Horatia Muir Watt, Professor at the Sciences Po Law School (Paris), entitled: “Ecological Jurisprudence: The Shape of Legality at its Own Last Frontier (a Private International Law Approach)” at 17:00 (CEST time). This event will take place onsite and in English. For more information, click here.

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Proposal for a EU-Directive on European Cross Border Associations (ECBA)

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Tim Wöffen (University of Osnabrück) kindly made us aware of the Proposal for a Directive on European cross-border associations, adopted on 5 September by the Commission. The proposal aims to facilitate cross-border activities of non-profit associations in the EU and to improve the functioning of the Internal Market by removing legal and administrative barriers for non-profit associations that operate or wish to operate in more than one Member State. With regard to private international law, Articles 4 and 22 et seq seem particularly relevant. The public is invited to give their comments until November 1st.

Tim offers some initial thoughts (in German) here.

 

Zeitschrift für Vergleichende Rechtswissenschaft (ZVglRWiss) 122 (2023) Issue 3: Abstracts

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ZVglRWiss 122 (2023) no. 3

A Symposium in Liechtenstein on Comparative and Private International Law

Aspects of Crypto Currencies and Assets

The most recent issue of the German Journal of Comparative Law (Zeitschrift für Vergleichende Rechtswissenschaft, ZVglRWiss) features various contributions to a comparative law symposium that was held at the Private University in the Principality of Liechtenstein (UFL) in autumn 2022. The topic consisted of legal aspects of crypto currencies and assets, with a particular focus on comparative law and private international law. Here are the articles’ German titles and their English abstracts:

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