Views
How European is European Private International Law? – Impressions from Berlin
Written by Tobias Lutzi, DPhil Candidate and Stipendiary Lecturer at the University of Oxford
Last weekend, more than a hundred scholars of private international law followed the invitation of Jürgen Basedow, Jan von Hein, Eva-Maria Kieninger, and Giesela Rühl to discuss the ‘Europeanness’ of European private international law. Despite the adverse weather conditions, only a small number of participants from the UK – whose presence was missed all the more dearly – were unable to make it to Berlin. Thus, the Goethe-Saal of the Max Planck Society’s Harnack House was packed, and so was the conference programme, which spanned over two full days. Read more
This one is next: the Netherlands Commercial Court!
By Georgia Antonopoulou, Erlis Themeli, and Xandra Kramer, Erasmus University Rotterdam (PhD candidate, postdoc researcher and PI ERC project Building EU Civil Justice)
Following up on our previous post, asking which international commercial court would be established next, the adoption of the proposal for the Netherlands Commercial Court by the House of Representatives (Tweede Kamer) today answers the question. It will still have to pass the Senate (Eerste Kamer), but this should only be a matter of time. The Netherlands Commercial Court (NCC) is expected to open its doors on 1 July 2018 or shortly after. Read more
A European Law Reading of Achmea
Written by Prof. Burkhard Hess, Max Planck Institute Luxembourg.
An interesting perspective concerning the Achmea judgment of the ECJ[1] relates to the way how the Court addresses investment arbitration from the perspective of European Union law. This paper takes up the judgment from this perspective. There is no doubt that Achmea will disappoint many in the arbitration world who might read it paragraph by paragraph while looking for a comprehensive line of arguments. Obviously, some paragraphs of the judgment are short (maybe because they were shortened during the deliberations) and it is much more the outcome than the line of arguments that counts. However, as many judgments of the ECJ, it is important to read the decision in context. In this respect, there are several issues to be highlighted here: Read more
News
Diversity & Inclusiveness In International Arbitration: Hybrid event on 24 April 2023
The School of Law of the University of Aberdeen is organising a hybrid even on Diversity & Inclusiveness In International Arbitration: Challenges, Progress and Excuses on Monday 24 April (13.00 – 14.15 British Summer Time).
Despite the broadly accepted desirability and value of diversity in international arbitration, statistics show that very little changes in the appointment practices in international arbitration. Tribunals remain largely non-diverse – with the exception of a growing number of female arbitrators. In this context, there is a clear need to reconceptualize the approach to diversity efforts, starting with the questions guiding the diversity debate, the parameters of success and the methods of their realization.
The speaker is Fahira Brodlija.
The event is free. Please contact Mr Georgi Chichkov for more information at georgi.chichkov@abdn.ac.uk or enrol here.
Save the Dates: EAPIL Webinar Series on the Proposal for an EU Regulation on Parenthood
As already reported here, the European Kommission adopted a Proposal for a Regulation in December 2022 which aims to harmonize at the EU level the rules of private international law with regard to parenthood. In May the EAPIL is organizing a series of four webinars to discuss the main elements of the proposal, find weaknesses and possibilities of improvement.
Each Wednesday, the webinar will start at 6 pm and end at 8 pm CET. It will focus on two topics, each presented by one expert, who will discuss the content of the proposal and examine the questions and possible improvement it raises. There will be ample room for discussion.
The programme of the series is as follows:
- 3 May 2023, chaired by Claire Fenton-Glynn:
- The EU Proposal on Parenthood: lessons from comparative and substantive law (Jens Scherpe)
- What’s in it? Subject matter, scope and definitions (Cristina González Beilfuss)
- 10 May 2023, chaired by Fabienne Jault-Seseke:
- The EU Proposal and primary EU law: a match made in heaven? (Susanne Gössl)
- The law governing parenthood: are you my father? (Tobías Helms)
- 17 May 2023, chaired by Nadia Rustinova:
- The mutual recognition of decisions under the EU Proposal: much ado about nothing? (Alina Ontanu)
- Who decides on parenthood? The rules of jurisdiction (Maria Caterina Baruffi)
- 24 May 2023, chaired by Steven Heylen:
- Authentic documents and parenthood: between recognition and acceptance (Patrick Wautelet)
- The European certificate of Parenthood: a passport for parents and children? (Ilaria Pretelli)
For more information please visit the Website of the EAPIL.
Amended Rules of procedure of the General Court of the EU and Practice rules came into force
The Rules of Procedure of the General Court of the European Union (OJ 2023 L 44, p. 8) and the Practice Rules for the Implementation of the Rules of Procedure of the General Court (OJ 2023 L 73, p. 58) have been amended, as communicated in the press release of 31 March 2023, no 58/23, The amendments have come into force on 1 April 2023.
The amendments introduce several features to the rules of proceedings before the General Court, with the aim to promote modern and efficient justice. For instance, the amended Rules of Procedure permit the use of videoconferencing during the hearings. A request for use of videoconferencing made by a representatives prevented from participating at the hearing in person shall be satisfied, if the request is based on ‘health, security or other serious reasons’ (Article 107a Rules of Procedure).
Another amendment worth noticing is the new concept of ‘pilot case’. The concept is introduced by Article 71a of the Rules of Procedure. Article 71a lists the conditions, under which two or more pending case shall be considered as raising the same issue of law. If the conditions are met, one of the cases may be identified as the pilot case and the others stayed.
The General Court has also updated model/guidance documents addressed to the parties’ representatives, who may use the documents to prepare the actions. The guidance documents include the Aide-mémoire – Application, Model summary of the pleas in law and main arguments relied on in the application’, Aide-mémoire – Hearing of oral argument, Notice on the omission of data vis-à-vis the public in judicial proceedings. Furthermore, a new guidance has been issued to assist in their (decisions on) requests to make oral submissions by videoconference (Practical recommendations for representatives making oral submissions by videoconference).
Other amendments relate to joint hearings (Article 106a Rules of Procedure), protection of data other than personal data (Article 66a Practice Rules), signing of originals of judgements and orders of the General Court by ‘qualified electronic signature’ (Article I(F)(37) Practice Rules).