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Out now: Stavroula Angoura, The Impartiality and Independence of Arbitrators in International Commercial Arbitration
Impartiality is key to any kind of production of justice and probably one of the very few principles of “justice” recognized universally, see e.g. Amartya Sen, The Idea of Justice, Chapter 5: “Impartiality and Objectivity”, pp. 114 et seq. with references also to non-Western traditions, see also e.g. Leviticus 19:15 (New International Version): “Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly.”; see also e.g. IBA Rules of Ethics, rule 1: “Arbitrators shall … remain free from bias”. Thus, there cannot be put enough emphasis and thought on how to implement this command, for acting arbitrators as well as parties and reviewing state courts, when they ask themselves in countless greyish constellations how to behave or judge in order to avoid even the slightest perception of bias but also to abstain from unproductive “due process paranoia”. The PhD thesis by Angoura, supervised by Burkhard Hess and published in the Luxembourg Max Planck Institute’s series “Successful Dispute Resolution”, offers solid information and thorough analysis on a comparative basis – highly recommended.
EU Consultation on Protection of Vulnerable Adults
In December 2021, the European Commission launched a public consultation on the cross-border protection of vulnerable adults. Feedback obtained will be used to assess the need for a legislative initiative in the area, as well as to inform possible EU measures.
As a result of the combined effects of an ageing population and the mobility of citizens, more and more vulnerable adults find themselves in cross-border situations. The existence of different rules between EU Member States, as well as judicial, administrative and language barriers may affect the continuity and effectiveness of their legal protection.
All interested parties (citizens, judges, court staff, legal practitioners, academic, officials, medical staff, social workers, etc.) are invited to submit responses by 29 March 2022 (midnight Brussels time). The short questionnaire is available in all EU languages at the following link: Civil judicial cooperation – EU-wide protection for vulnerable adults (europa.eu).
A call for evidence to share relevant experience in the area of cross-border protection of vulnerable adults is also open, with the same deadline of 29 March 2022 (midnight Brussels time). The call for evidence is available here: Civil judicial cooperation – EU-wide protection for vulnerable adults (europa.eu).
Now Hiring: Research Assistant in Private International Law in Freiburg (Germany)
Are you looking for an academic stay in Germany’s sunniest and most eco-friendly city? At the Institute for Comparative and Private International Law of the University of Freiburg (Germany), a vacancy has to be filled at the chair for civil law, private international law and comparative law (Prof. Dr. Jan von Hein), from April 1st, 2022 with
a legal research assistant (salary scale E 13 TV-L, personnel quota 25%).
The assistant is supposed to support the organizational and educational work of the chairholder, to participate in research projects of the chair as well as to teach their own courses (students’ exercise). Applicants are offered the opportunity to obtain a doctorate.
The applicant is expected to be interested in the chair’s main areas of research. They should possess an above-average German First State Examination (vollbefriedigend) or an equivalent foreign degree. A thorough knowledge of civil law and the German language is a necessity. Severely handicapped persons will be preferred if their qualification is equal.
Please send your application (Curriculum Vitae, certificates and, if available, further proofs of talent) to Prof. Dr. Jan von Hein, Albert-Ludwigs-Universität Freiburg, Institut für Ausländisches und Internationales Privatrecht, Abteilung III, Niemensstraße 10 (Peterhof), D?79098 Freiburg (Germany), no later than February 18th, 2022.
As the application documents will not be returned, we kindly request you to submit only unauthenticated copies. Alternatively, the documents may be sent as a pdf file via e-mail to ipr3@jura.uni-freiburg.de.