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Lex & Forum: Third issue – A special on the limits of private autonomy in the EU
The third issue of the Lex & Forum is dedicated to the topic of the limits of private autonomy in the EU. The preface was prepared by Professor Emeritus and President of the International Hellenic University Athanassios Kaissis. The central topic of the present issue (Focus) is further elaborated by the contributions of Professor Spyros Tsantinis on the importance of private autonomy in European and international procedural law, and of Dr. Konstantinos Voulgarakis on the protection mechanisms in the case of choice of court agreements. Furthermore, Dr. Stefanos Karameros is analyzing the extension of the choice of court agreements in case of privies in law or privies in blood, after the Kauno Miesto decision.
The Focus of this issue is further enriched by the contributions of Judge Dimitrios Titsias on private autonomy in family law, and of Judge Antonios Vathrakokoilis on the choice of applicable law by the diseased according to the EU Regulation No 650/2012. The Focus also contains the analysis of Professor Komninos Komnios on the execution of judgments on investment arbitration within the EU after the Achmea case and the examination of Dr. Nikolaos Zaprianos on the applicable law in online consumer disputes.
The Focus is further enriched by selected case law and, amongst others, the judgment No 362/2020 of the Herakleion Court of First Instance on the subjection of hotel contract cases under the exclusive jurisdiction of immovable property, with a case note by Anastasia Kalantzi, the judgment No 13.2.2020, n. 3561 by the Italian Cassazione Civile (S.U.), on the relationship between the provisions of the Montreal Convention and a prorogation agreement in case of airplane transport, with a case note by Judge Ioannis Valmantonis, and the case 3 Ob 127-20b of the Oberster Gerichtshof on the scenario of parallel non-exclusive prorogation and arbitration clauses, with a case note by Dr. Ioannis Revolidis. Finally, the Focus is concluded by Dr. Apostolos Anthimos’s case note on the Greek Supreme Court (Areios Pagos) judgment No 767/2019, regarding the execution of an American judgment that lost its validity domestically.
The scientific topics of the present issue consist of the contribution of Professor Paris Arvanitakis on the issue of asymmetrical choice of court agreements.
Lex&Forum is renewing its appointment with its readers in the upcoming issue, dedicated to the latest updates concerning the Hague Convention for the unification of private international law, especially after the EU’s succession.
Call for Abstracts: The Protection of Economically and Socially Weaker Parties in South African, Dutch, Belgian, and EU Private International Law
Robin Cupido (University of Cape Town), Benedikt Schmitz (University of Groningen), and Michiel Poesen (KU Leuven) will be hosting a conference on Taking Stock of Globalisation: the Protection of Economically and Socially Weaker Parties in South African, Dutch, Belgian, and EU Private International Law, which will be held on 16/17 June 2022 in Leuven, Belgium, both in person and online.
The organisers are inviting Dutch- or Afrikaans-speaking junior researchers (PhD candidates, and postdocs/researchers with up to 5 years of experience) to submit an abstract, which should be written in Dutch or Afrikaans and must relate to either South African, Belgian, Dutch, or European Union private international law. Abstracts should not exceed 400 words, and should indicate to which panel they relate most. Applicants whose abstract is selected will be asked to submit a paper in advance of the conference, which they then present in-person or remotely. Abstracts must be submitted to the conference organisers (conference@weakerpartyprotection.com) up until including 27th November 2021. Decisions will be communicated no later than 17th December 2021.
Further information can be found at https://weakerpartyprotection.com/.
Virtual Workshop (in English) on Nov: Verónica Ruiz Abou-Nigm on An Intercultural Paradigm for Private International Law
An Intercultural Paradigm for Private International Law
What does an interculturalist perspective bring to private international law? A dialogical constructivist intercultural paradigm for private international law reflects a post-modern conception of law that embraces cultural diversity and pluralism; strives to invert its technical indifference (‘neutrality’) into technical (pluralist) commitment to normative societal changes; and promotes broader intersectional bottom-up engagement (grounded on freedom and solidarity). This rupturist yet constructive relational (engaging with the concrete other) paradigm, challenges and crosses boundaries between the public and private, mobilises the discipline towards inclusivity and against inequalities, and interlinks the local, the national, the regional and the global spheres, promoting an ethos of fruitful intercultural and inter-systemic communication (fostering deeper dialogues between different modes of thinking, and different knowledge systems), of value to our multicultural societies.