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“Victory or Defeat: Predictability vs. Confidentiality” – A Research Project of the German Arbitration Institute (DIS) – 3 March 2022, 12 to 2 pm (Bonn time)
Arbitral proceedings are confidential, and this confidentiality is one of the biggest assets of arbitration. Arbitral awards usually must not be published without prior consent of the parties. However, as we all know, this confidentiality makes it difficult for parties to predict outcomes in a concrete case and the public is kept from learning about lines of case law and from innovative developments in the practice of arbitral tribunals. This problem is particularly relevant in relation to M&A disputes that hardly ever occur in state court litigation. This is the reason why a working group of the German Arbitration Institute (DIS) analysed more than 100 awards from DIS arbitrations, and these awards of course often relate to international disputes. The question is anyway a fundamental one of transnational commercial law and dispute resolution in general. The results are presented by a distinguished panel.
Programme:
Dr Reinmar Wolff, member of the board of the DIS and University of Marburg: Welcome and Introduction
Part I
Karl Pörnbacher, Hogan Lovells International LLP, Munich: Violation of pre-contractual information duties
Professor Dr Siegfried Elsing, LL.M., Orrick Herrington & Sutcliffe LLP, Düsseldorf: Disputes in connection with price adaptation / earn out
Dr Günter Pickrahn, LL.M., Baker McKenzie Rechtsanwaltsgesellschaft mbH, Frankfurt, Calculation of damages after violation of balance sheet warranties
Discussion
Johanna Wirth, LL.M., Hengeler Mueller Partnerschaft von Rechtsanwälten mbB, Berlin: Moderation
Part II
Prof Dr Gerhard Wagner, LL.M., Humboldt University Berlin: Predictability v. Confidentiality: What is the right balance?
Dr Elmar Schweers, RWE Power AG, Essen: Response
Discussion
Johanna Wirth, LL.M., Hengeler Mueller Partnerschaft von Rechtsanwälten mbB, Berlin: Moderation
The language of the online event is German.
For more information see here: https://255310.seu2.cleverreach.com/c/68157384/58a830d933b-r7cad2.
Please register by 1 March 2022 here (or via the link in the Programme): https://255310.seu2.cleverreach.com/c/68157385/58a830d933b-r7cad2.
You have questions? Email to: events@disarb.org.
Direct Jurisdiction in Asia
The book Direct Jurisdiction is the second thematic volume in the series Studies in Private International Law – Asia. It considers the situations in which the courts of 15 key Asian states are prepared to hear a case involving cross-border elements. For instance, will the courts of an Asian state accept jurisdiction in a dispute that has only some, little or no connection with an Asian state, and (if so) on what conditions? As a comprehensive survey across multiple jurisdictions and areas of law, the book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. It involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
In this webinar, the editors and contributors will summarise the practical and theoretical findings in the book. It will consider the possibility of a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. It will also discuss possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The editors and contributors will also talk about the process of putting the book together, especially in the face of lockdowns and other restrictions imposed in various jurisdictions.
There will be ample time for Q&A.
Speakers
- Professor Anselmo Reyes, Singapore International Commercial Court; Doshisha University, Editor of Direct Jurisdiction
- Wilson Lui, University of Hong Kong; University of Oxford, Editor of Direct Jurisdiction
- Dr Nobumichi Teramura, University of Brunei Darussalam; University of Sydney, Contributor of Direct Jurisdiction
Moderator: Professor Vivienne Bath, University of Sydney Law School
Time: Thursday 17 February, 6pm AEDT
This is a free online event. You will receive a reminder notification with the Zoom link closer to the date.
Time: Thursday 17 February, 6pm AEDT
This is a free online event. You will receive a reminder notification with the Zoom link closer to the date.
CPD Points: 1
Register here
This event is presented by the Sydney Centre for International Law at the University of Sydney.
Image credit: Canva
Peter Mankowski (†)
It is with great sadness that we share the news that Professor Peter Mankowski, one of Germany’s eminent private international law scholars, died on 10 February 2022 at the age of 55.
Until his death Peter Mankowski was a Professor of Private International Law at the University of Hamburg. He was the editor of several commentaries as well as the author of several monographs, a 2-volume textbook and (literally) countless law review articles covering the full range of private international law. His productivity, originality and creativity were unparalleled. But above all he was an inspiring person and a great colleague (and mentor).
His untimely death is an incredible loss for the private international law community.
Our thoughts are with his family.