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Nagy on collective actions in EU
Recently published paper The Reception of Collective Actions in Europe: Reconstructing the Mental Process of a Legal Transplantation, authored by Csongor István Nagy, Professor at the University of Szeged, is a must read for those studying collective actions in EU. It is intended to identify the differentia specifica of the European collective actions as opposed to those in US, which in itself is not an easy task as there are various models in different Member States. However, the paper elegantly navigates these waters and offers a firm grasp of the history and present state on this increasingly important topic on this side of the Atlantic (you may track the EU developments at the legislative train site). For the rest, you need to read the paper…
It is published in Journal of Dispute Resolution, Vol. 2020, No. 2, pp. 413-443 (2020), and also available at SSRN.
New text: The Conflict of Laws in New Zealand
Readers of this blog may be interested to hear of a new textbook on private international law, recently published by LexisNexis. The Conflict of Laws in New Zealand is the first comprehensive treatment of the subject from a New Zealand perspective. Drawing on principles developed in common law countries while adopting a comparative perspective, it explains how New Zealand law has developed into an indigenous body of rules to deal with problems of jurisdiction, choice of law, recognition of judgments and international civil procedure. The textbook may be of interest to scholars and academics outside New Zealand who are looking for a comparative treatment of problems in modern private international law, as well as any lawyers who find themselves interacting with New Zealand law in practice.
The first part of the book covers the four distinct functions of the conflict of laws: adjudicatory jurisdiction (including personal and subject-matter jurisdiction), choice of law, recognition and enforcement of judgments, and international civil procedure. The second part of the book addresses the conflict of laws rules as they relate to the main subject areas of private law, including obligations, property and trusts, succession, family law and corporations and insolvency
Political Agreement on the Reform of the Evidence and the Service Regulation
After years of discussion the Council of the European Union and the European Parliament have finally reached agreement on the reform of the Evidence and the Service Regulation. The new rules aim to improve the cross-border taking of evidence as well as the cross-border service of documents in particular through an enhanced use of information technology (notably electronic communication and videoconferencing).
The European Parliament’s official press release is available here. For a more detailed coverage see the contributions on the International Litigation Blog and the EAPIL Blog.