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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
CJEU on the compatibility with EU law of an arbitration clause in an Intra-EU BIT – Case C-284/16 (Slovak Republic v Achmea BV)
Written by Stephan Walter, Research Fellow at the Research Center for Transnational Commercial Dispute Resolution (TCDR), EBS Law School, Wiesbaden, Germany
Today, the CJEU has rendered its judgement in Slovak Republic v Achmea BV (Case C-284/16). The case concerned the compatibility with EU law of a dispute clause in an Intra-EU Bilateral Investment Treaty (BIT) between the Netherlands and the Slovak Republic which grants an investor the right to bring proceedings against the host state (in casu: the Slovak Republic) before an arbitration tribunal. In concrete terms, the German Federal Court of Justice referred the following three questions to the CJEU (reported here): Read more
News
Save the Date: EU Insolvency Law and Third Countries: Which Way(s) Forward?, 26–28 Oct 2023
On 26–28 October 2023, the University of Kiel will be hosting a conference on ‘EU Insolvency Law and Third Countries: Which Way(s) Forward?’. It is part of a research project coordinated by Professors Alexander Trunk (University of Kiel) and Jasnica Garasic (University of Zagreb), which is endorsed by UNCITRAL and supported by the Fritz Thyssen Foundation. It is conducted in cooperation with representatives of the European Commission and the Hague Conference on Private International Law.
At the conference, the first results from the project will be presented and discussed with a larger professional and academic public. The conference will also include a Young Researchers Forum on the morning of 26 October.
The organizers have kindly shared the following documents with us:
Further information can also be found at the project website.
Out Now: Fabrizio Marrella, “Diritto del commercio internazionale / International Business Law”, 3rd edition 2023
The third edition of Fabrizio Marrella’s textbook on international business law has recently published by Wolters Kluwers/Cedam.
The author (Vice-Rector and Chair of International Law at “Cà Foscari” University of Venice, Italy) has kindly provided the following summary for our readers:
After an historical introduction and a clear systematic analysis of key actors and sources of International Business Law, the book focuses on transnational contracts and commercial relationships of companies by deepening international sales (including the first applications of Incoterms ® 2020), contracts of international transport, insurance, commercial distribution, payments and bank guarantees. The leading methodology used by the Author is that of private international law and best operational practices.
The book also sets out the regulation of foreign direct investment in the light of the latest new regulatory and case-law developments. In the final part, the work examines, in one section, ADR mechanisms together with international arbitration and, in the final section, the most relevant international civil procedure rules for businesses.
The book can be found at the publisher’s website here.
Dutch Journal of PIL (NIPR) – issue 2023/2
The latest issue of the Dutch Journal on Private International Law (NIPR) has been published.
NIPR 2023 issue 2
Editorial
C.G. van der Plas / p. 197
Articles
K.C. Henckel, Issues of conflicting laws – a closer look at the EU’s approach to artificial intelligence / p. 199-226
Abstract
While newly emerging technologies, such as Artificial intelligence (AI), have a huge potential for improving our daily lives, they also possess the ability to cause harm. As part of its AI approach, the European Union has proposed several legislative acts aiming to accommodate and ensure the trustworthiness of AI. This article discusses the potential private international law impact of these legislative proposals. In doing so, it – inter alia – addresses how the newly proposed legislative acts interact with existing private international law instruments, such as the Rome II Regulation. In addition, it questions whether there is a need for specific rules on the private international law of AI.