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Online conference Cross-Border Litigation in Central-Europe

The University of Szeged Faculty of Law and the ELKH Centre for Social Sciences, Institute for Legal Studies are organizing an international online conference: “Cross-Border Litigation in Central-Europe: EU Private International Law before National Courts”. The conference will present the main results of the EU-funded CEPIL research project (“Cross-Border Litigation in Central-Europe: EU Private International Law before National Courts”, 800789 — CEPIL — JUST-AG-2017/JUST-JCOO-AG-2017). The CEPIL project inquires whether EU PIL functions optimally in the CE Member States in order to secure “a Europe of law and justice”. It examines whether EU PIL instruments are applied in CE Member States in a correct and uniform manner, whether Member State courts deal appropriately with disputes having a cross-border element and whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants. The project’s research output will be published by Kluwer International.

The Supreme Court of Japan on Punitive Damages…

Written by Béligh Elbalti (Associate Professor, Graduate School of Law and Politics – Osaka University)

  1. Introduction

Assume that you successfully obtained a favourable judgment from a foreign court that orders the losing party to pay punitive damages in addition to compensatory damages. Assume also that, later, you could obtain a partial satisfaction of the amount awarded by the court by way of compulsory execution in the rendering state. Happy with the outcome and knowing that punitive damages cannot be enforced in Japan, you confidently proceed to enforce the remaining part before a Japanese court arguing that the payment you would like to obtain now corresponds to the compensatory part of the award. Could the judgment be enforced in Japan where punitive damages are considered as contrary to public policy? In other words, to what part of the damages the paid amount corresponds: the compensatory part or the punitive part?

Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time.[1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws. This is because the decisions are inconsistent and not clear or precise. The purpose of this write up is to briefly highlight the confusion on the concept of jurisdiction in Nigerian conflict of laws through the lens of a very recently reported case (reported last week) of Attorney General of Yobe State v Maska & Anor. (“Maska”).[2]

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Webinar European Civil Justice in Transition

On Thursday, 15 July from 15.30-17.30 CET the seminar European Civil Justice in Transition: Past, Present & Future will take place, organized by Erasmus School of Law in the context of the ERC project Building EU Civil Justice. You can register here.

In this last seminar of a series of six, key experts on European civil justice will share their views on current and future issues, including digitisation, collective redress, the Brussels I-bis reform, private and public justice, the funding of civil justice and the role of civil justice in today’s society.

Thursday, 15 July (15.30-17.30 CET) – Program

15.15 Waiting room opens

15.30 Opening

15.35-15.45 Xandra Kramer (Erasmus University Rotterdam/Utrecht University)

Introduction – Past, present and future: Highlights of European civil justice

Second Issue of 2021’s Revue Critique de Droit International Privé

The last issue of the Revue Critique de Droit International Privé has been released. It contains eight articles and several case notes.

The editorial (authored by Horatia Muir Watt, Dominique Bureau and Sabine Corneloup) and five of the articles deal with the reserved share (réserve héréditaire) in international successions. These five articles are authored by: Paul Lagarde (« Une ultime (?) bataille de la réserve héréditaire »), Cécile Pérez (« Quelques observations relatives à la réserve héréditaire dans le projet de loi confortant le respect des principes de la République »), Diane Le Grand de Belleroche (« Contre le retour du droit de prélèvement en droit français : une vue de la pratique du droit international »), Suzel Ramaciotti (« Le prélèvement compensatoire du projet d’article 913 du code civil à l’épreuve des exigences européennes et constitutionnelles »), and Nathalie Joubert (« Droit de prélèvement, réserve héréditaire, protection des héritiers contre les discriminations, quelle méthode ? »).

‘Giustizia consensuale’: A New Law Journal on Consensual Justice in Its Many Nuances and Forms

In recent years, the debate surrounding consensual justice and party autonomy has received increasing attention in the national and international arenas and has raised a broad array of questions. In the pressing need to observe this phenomenon from different perspectives lies the rationale behind a newly founded biannual journal, Giustizia consensuale. The journal, founded and directed by Prof. Silvana Dalla Bontà and Prof. Paola Lucarelli, features contributions in both Italian and English.

By adopting an interdisciplinary and holistic approach, the journal aims to investigate the meaning of consensual justice, its relation with judicial justice, and the potential for integrating – rather than contrasting – these two forms of justice. This investigation is premised on the relationship between justice and private autonomy as well as forms of integrative, participatory, and restorative justice. By being particularly suited for meeting the needs of an increasingly complicated and multi-faceted society, these forms of justice ultimately promote social cohesion and reconciliation. Against this backdrop, Giustizia consensuale strives to make a valid contribution to the discourse on conflict and the meaning of justice by fostering an interdisciplinary dialogue which encompasses both theory and practice.