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Virtual Conference on “The Burden of Proof in International Arbitration”
On Monday, October 26, 2020 at 15.00 CET, the European Center for Arbitration and Mediation and The International School of Arbitration and Mediation for Europe, the Mediterranean and the Middle East organise their Annual International Conference Med-Mid XIV on “The Burden of Proof in International Arbitration/La charge de la preuve dans l’arbitrage international”.
The conference addresses four key issues of any international arbitration, which require a focussed and renewed reflection: 1) Oral Evidence: Fact Witnesses, Expert Witnesses, Parties and Witness Statement (Civil Law and Common Law approaches); 2) The applicable Law on matters such as the effects of the procedural law (Civil Law and Common Law approaches) on the taking of evidence; 3) Disclosure of documents: effects of only voluntary production of documents v. forced discovery; 4) The Arbitrator’s authority as to evidence (Role as Umpire; wider ex officio authority as to evidence) as well as limits and support from State Courts.
Some worldwide renowned speakers will give their views. On panel one: Sir Michael Burton (London, U.K.) and Prof. Fabrizio Marrella (Venice, Italy); on panel two: Elie Kleiman (Jones Day, Paris, France) and Prof. George Bermann (Columbia Law, New York, USA); on panel three: Melanie Willems (Haynes Boone, London, U.K.) and Prof. Ercument Erdem (Istanbul, Turkey); on panel four: Prof. José Carlos Fernandez Rozas (Complutense Madrid, Spain) and John Fellas (Hughes Hubbard & Reed, New York, USA).
Here is the complete program: https://cour-europe-arbitrage.org/med-mid-xiv/
Participation is free, but registration is necessary.
The Hague Academy of International Law 2021 Online Winter Courses
Registration for the 2021 Online Winter Courses will open on October 8th, 2020 at 0:00 hrs. The Hague Time (GMT +1).
Due to the COVID-19 pandemic, and for the first time in the Academy’s almost century-old history, a session of courses will be held exclusively online, that of winter 2021. The programme of the Winter Courses will take place as originally scheduled, from 11 to 29 January 2021. The Academy will offer registered attendees the opportunity to follow the courses in webinar format through the Zoom software application.
Programme:
Inaugural Lecture: A House of Many Rooms: The Rise, Fall and Rise Again of Territorial Sovereignty? Malcolm N. SHAW QC, Emeritus Sir Robert Jennings Professor at the University of Leicester
General Course (delivered French, simultaneously interpreted into English): International Law and Normative Polycentrism, Maurice KAMTO, Honorary Professor at the University of Yaoundé II
International Law-Making for the Environment, Alan BOYLE Emeritus Professor at the University of Edinburgh
Evidence in International Adjudication, Chester BROWN, Professor at the University of Sydney Law School
The Emergence of Food Sovereignty in International Law (delivered French, simultaneously interpreted into English), Olivier DE SCHUTTER, Professor at the Université catholique de Louvain and Former UN Special Rapporteur on the Right to Food
The Protection of Religious Cultural Property in Public and Private International Law (delivered French, simultaneously interpreted into English), José Angelo ESTRELLA FARIA, Principal Legal Officer and Head of the Legislative Branch, in the International Trade Law Division, UN Office of Legal Affairs
Civil War and the Transformation of International Law, Anne ORFORD, Professor at the University of Melbourne
The Regulation of the Internet, Inger ÖSTERDAHL, Professor at the University of Uppsala
Relationships Between International Criminal Law and Other Branches of International Law, William SCHABAS, Professor at Middlesex University London and at Leiden University
The programme can be downloaded here.
Further information on registration is here.
Highly recommended!
Extraterritorial Effect of the Hong Kong National Security Law
Professor Sophia Tang, Wuhan University (China) and Newcastle University (UK) will give a virtual seminar in the Durham University China Law Centre. The topic is “Extraterritorial Effect of the Hong Kong National Security Law”.
Abstract:
The very controversial Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“HK National Security Law” hereafter) was promulgated in the 20thsession of the 13th National People’s Congress (NPC) of China on 30 June 2020 and entered into effect in the Hong Kong Special Administrative Region (HKSAR) at 23:00 on the same day. This law defines four categories of offences and penalties, namely secession, subversion, terrorist activities and collusion with foreign or external elements to endanger national security. Article 38 provides: “This Law shall apply to offences under this Law committed against the Hong Kong Special Administrative Region from outside the Region by a person who is not a permanent resident of the Region.” This article extends jurisdiction of the HK National Security Law to govern the action of any individuals or organisations in any country, irrespective of their nationality, residence and the law of the countries where the action has taken place. The extraterritorial effect can be summarised as: no nexus or proximity, no double criminality, and no identity requirements. The legal basis for this jurisdiction is the protective principle, which allows a state to regulate extraterritorial conduct by foreigners or non-residents that may jeopardise its vital interests.
In this seminar, we are going to discuss what is protective jurisdiction, whether the extraterritorial effect of the HK National Security Law is justifiable in international law, what the overseas impact of the HK National Security Law would be, especially on the freedom of speech, and how this law could be enforced in practice.