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In Agostinho da Silva Martins v Dekra Claims Services Portugal SA (C-149/18), between Mr Agostinho da Silva Martins, who suffered damages in a car accident, and the insurance company Dekra Claims Services Portugal SA, the CJEU was called to rule on two different issues of qualification: one related to the interpretation of Article 16 of the Rome II Regulation on overriding mandatory provisions and the other related to interpretation of Article 28 of Directive 2009/103 on protection of victim in case of a motor vehicle accident.
Regarding the overriding mandatory provisons under the Rome II Regulation, the CJEU refers to the definition in Article 9(1) of the Rome I Regulation and reasons that in order to qualify a national rule on statutory limitation period as an overriding mandatory the national court has to be satisfied that there exist “particularly important reasons, such as a manifest infringement of the right to an effective remedy and to effective judicial protection arising from the application of the law designated as applicable”. The relevant part of the CJEU holding uses careful phrasing suggesting restrictive interpretation of overriding mandatory rules: a rule
cannot be considered to be an overriding mandatory provision, […] unless the court hearing the case finds, on the basis of a detailed analysis of the wording, general scheme, objectives and the context in which that provision was adopted, that it is of such importance in the national legal order that it justifies a departure from the law applicable.
Regarding the conflict of law nature of Article 28 of Directive 2009/103, which regulates the Member States’ obligation to provide measures guaranteeing that the victim of a road traffic accident and the owner of the vehicle involved in that accident are protected, the CJEU states that this is not the conflict-of-law provision and that, consequently, it does not take precedence over the Rome II Regulation under Article 27 of the latter.
Since Conflict of Laws became a subject section at the Society of Legal Scholars in 2017, it has been part of the Society’s annual conference. This year’s conference, which will be held in Preston, UK, from 3 September to 6 September (right before the Journal of Private International Law Conference in Munich), is no exception and the organiser’s of the Conflict of Laws section, Andrew Dickinson and Máire Ní Shúilleabháin, have kindly provided the following Call for Papers:
SLS Conflict of Laws Section: Call for Papers and Panels for 2019 SLS Annual Conference at the University of Central Lancashire, Preston
This is a call for papers and panels for the Conflict of Laws section of the 2019 SLS Annual Conference to be held at the University of Central Lancashire in Preston from Tuesday 3rd September – Friday 6th September. This year’s theme is ‘Central Questions About Law’.
This marks the third year of the Conflict of Laws section, and we are hoping to build on the successful meetings in Dublin and London.
The Conflict of Laws section will meet in the first half of the conference on Tuesday 3rd and Wednesday 4th September.
We intend that the section will comprise four sessions of 90 minutes, with 3 or more papers being presented in each session, followed by discussion. At least three of the sessions will be organised by theme. We hope, if submissions allow, to be able to set aside one session for papers by early career researchers (within 5-years of PhD or equivalent).
We welcome proposals from scholars in the field for papers or panels on any issue relating to any topical aspect of the Conflict of Laws (private international law), including but not limited to those addressing this year’s conference theme.
If you are interested in delivering a paper, we ask you to submit a proposed title and abstract of around 300 words. If you wish to propose a panel, please submit an outline of the theme and rationale for the panel and the names of the proposed speakers (who must have agreed to participate), together with their proposed titles and abstracts. We welcome proposals representing a full range of intellectual perspectives in the subject section, and from those at all stages of their careers.
Please submit your paper abstract or panel details by 11:59pm UK time on Monday 18th March 2019. All abstracts and panel details must be submitted through the Oxford Abstracts conference system which can be accessed using the following link – https://app.oxfordabstracts.com/stages/1028/submission – and following the instructions (select ‘Track’ for the relevant subject section). If you registered for Oxford Abstracts for last year’s conference, please ensure that you use the same e-mail address this year if that address remains current. If you experience any issues in using Oxford Abstracts, please contact firstname.lastname@example.org.
As the SLS is keen to ensure that as many members with good quality papers as possible are able to present, we discourage speakers from presenting more than one paper at the conference. With this in mind, when you submit an abstract via Oxford Abstracts, you will be asked to note if you are also responding to calls for papers or panels from other sections.
The SLS offers a Best Paper Prize which can be awarded to academics at any stage of their career and which is open to those presenting papers individually or within a panel. The Prize carries a £250 monetary award and the winning paper will, subject to the usual process of review and publisher’s conditions, be published in Legal Studies.
To be eligible for the Best Paper Prize:
- speakers must be fully paid-up members of the SLS;
- papers must not exceed 12,000 words including footnotes (as counted in Word);
- papers must be uploaded to the paperbank by 11.59pm UK time on Monday 26th August; and
- papers must not have been published previously or have been accepted or be under consideration for publication.
We have also been asked to remind you that all speakers will need to book and pay to attend the conference and that they will need to register for the conference by Friday 14th June in order to secure their place within the programme, though please do let us know if this is likely to pose any problems for you. Booking information will be circulated in due course.
We note also that prospective speakers do not need to be members of the SLS or already signed up as members of a section to propose or deliver a paper.
We look forward to seeing you, as a speaker or delegate, at the Conflict of Laws session in Lancashire.
With best wishes,
Professor Andrew Dickinson, St Catherine’s College, University of Oxford
Dr Máire Ní Shúilleabháin, University College Dublin (Conveners)
Corruption continues to cast a shadow over investment law. When allegations of corruption arise in an investment dispute, the tribunal faces the difficult task of deciding whether (and how) to penalize the responsible party. It must assess the often-limited evidence and then craft an appropriate remedy. The legal and practical questions this raises remain highly contested. On Tuesday, February 19, 2019, the ILA American Branch Investment Law Committee and the Georgetown International Arbitration Society are hosting an evening conference to discuss these questions, bringing together academic and non-academic perspectives.
Panel 1: What is sufficient proof of corruption?
• Aloysius Llamzon, Senior Associate, King & Spalding
• Jason Yackee, Professor, University of Wisconsin
• Meriam Al-Rashid, Partner, Dentons
Panel 2: What is the right response when corruption is found?
• Lucinda Low, Partner, Steptoe
• Arif H. Ali, Partner, Dechert
Opening and closing:
• David L. Attanasio, Co-Chair, ILA American Branch Investment Law Committee; Associate, Dechert
• Malika Aggarwal, Georgetown International Arbitration Society
1900 K Street, NW
Washington, DC 20006
Tuesday, February 19, 2019, with registration from 4:45 pm and the program commencing at 5:00 pm.
Space is limited, so please RSVP as soon as possible here
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