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Cross-Border Enforcement in the EU (“IC2BE”) – programme workshop Netherlands 14 November

Workshop: Application of the “Second Generation” Regulations in The Netherlands

The Erasmus School of Law (Erasmus University Rotterdam, the Netherlands) will host a second national workshop on Thursday, 14 November 2019 from 9.30-13.00 hrs, in the framework of the research project “Informed Choices in Cross-Border Enforcement” (IC2BE) (see our first workshop). This project (JUSTAG-2016-02) is funded by the Justice Programme (2014-2020) of the European Commission and aims to assess the functioning in practice of the “second generation” of EU regulations on procedural law for cross-border cases, i.e. the European Enforcement Order (“EEO”), European Order for Payment (“EPO”), European Small Claims (as amended by Regulation (EU) 2015/2421) (“ESCP”) and the European Account Preservation Order (“EAPO”) Regulations.

The project is carried out by a European consortium involving the Max Planck Institute Luxembourg and the universities of Antwerp, Complutense of Madrid, Milan, Rotterdam, and Wroclaw, and is coordinated by Prof. Jan von Hein from the University of Freiburg.

The workshop will present the findings of the research in the Netherlands and discuss these with experts from legal practice and academics, with the aim of assessing and improving the application of these instruments.

The language of the workshop is mostly Dutch. Practitioners and academics interested in cross-border litigation are invited to participate in this event. The program can be found here. Contact address for registration and further information: ontanu@law.eur.nl.

The final conference for this IC2BE project will take place in Antwerp on 21-22 November 2019. For more information and registration see our previous post and the project website.

Rivista di diritto internazionale privato e processuale (RDIPP) No 3/2019: Abstracts

The third issue of 2019 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released and it features:

Stefania Bariatti, Professor at the University of Milan, Volontà delle parti e internazionalità del rapporto giuridico: alcuni sviluppi recenti nella giurisprudenza della Corte di giustizia sui regolamenti europei in materia di diritto internazionale privato (Party Autonomy and Characterization of a Legal Relationship as International: Some Recent Developments in the Jurisprudence of the Court of Justice on the EU Regulations in Private International Law; in Italian)

Two recent cases brought before the Court of Justice of the EU lead to meditate about the admissibility of choice of court clauses in favour of a foreign court and choice of law clauses in favour of a foreign law inserted in purely domestic contracts. In the Vinyls case, the Court of Justice has stated that the choice of a foreign law, that is valid according to the Rome I Regulation, is valid also for purposes of Article 16 of Regulation No 2015/848 (European Insolvency Regulation Recast), provided that such choice is not fraudulent or abusive. This solution, that is in line with the previous case-law of the Court, requires that the parties to a domestic contract carefully check the reasons for choosing a foreign law and it excludes that national provisions of law concerning the voidness or voidability of detrimental acts in case of insolvency qualify as mandatory rules under Article 3(3) of the Rome I Regulation. The second case, that will not be decided by the Court since it was repealed by the national judge, concerns the choice of a foreign forum in a domestic contract subject to the ISDA rules, that are widely used in international business transactions. Some recent judgments of the Court suggest that such choice is apt to qualify a domestic contract as ‘international’ for purposes of applying the Brussels I recast Regulation and is valid according to its Article 25.

In addition to the foregoing, the following comment is featured:

Martina Mantovani, PhD Candidate at the University of Paris II Pantheon-Assas and Research Fellow at the Max Planck Institute Luxembourg for Procedural Law, Horizontal Conflicts of Member States’ GDPR-Complementing Laws: The Quest for a Viable Conflict-of-Laws Solution (in English)

This paper offers a comparative overview of the national provisions defining the reach of the laws adopted by Member States on the basis of the opening clauses enshrined in the GDPR. It identifies the lack of coordination among the Member States’ complementing laws as a major hindrance to the proper functioning of the internal digital market, due to the paramount problems of over – and under – regulation, and increased potential for forum and law shopping stemming from the existing legislative framework. Against this backdrop, this paper submits that existing national rules of applicability may be deemed contrary to EU law, and should be interpreted, to the extent possible, “in conformity” with the wording and the purpose of the GDPR. In this vein the scheme and objectives of the GDPR, should be directly applied.

Issue International Business Courts – Erasmus Law Review

The latest issue of Erasmus Law Review, edited by Xandra Kramer and John Sorabji, is dedicated to International Business Courts. It contains eleven papers focusing on a specific jurisdiction or on horizontal issues, including on international jurisdiction and lawyers’ preferences in international litigation. The Introductory paper by the editors frames the discussion on international business courts, provides explanations for the rise of these courts in Europe and beyond, addresses aspects of
justice innovation and international competition, as well as the effect these new courts may have on
globalising commercial court litigation.

This issue of Erasmus Law Review results from the seminar ‘Innovating International Business
Courts: a European Outlook’ hosted by the Erasmus School of Law in Rotterdam, held on 10 July 2018, and coorganised by the Max Planck Institute for Procedural Law in Luxembourg and the Montaigne Centre for Rule of Law and Administration of Justice of Utrecht University. It includes the speaker contributions to that seminar and additional articles resulting from a call for papers on this blog.  The complete issue can be downloaded here. The table of contents is at the bottom of this post.

Similtaneously a book expanding on the topic and including views from twelve jurisdictions has just been published: International Business Courts: A European and Global Perspective  (eds. Xandra Kramer & John Sorabji), Eleven International Publishing 2019. (order form) The electronic version of this book will become available open access soon.

These publications result from and are financed by the ERC Consolidator project Building EU Civil Justice at the Erasmus School of Law in Rotterdam.

Table of contents Erasmus Law Review 2019(1) – International Business Courts

(1) International Business Courts in Europe and Beyond: A Global Competition for Justice?
Xandra Kramer & John Sorabji

(2) A View from the Business and Property Courts in London
Sir Geoffrey Vos

(3) Commercial Litigation in Europe in Transformation: The Case of the Netherlands Commercial Court
Eddy Bauw

(4) International Commercial Courts in France: Innovation without Revolution?
Alexandre Biard

(5) Chambers for International Commercial Disputes in Germany: The State of Affairs
Burkhard Hess & Timon Boerner

(6) The Brussels International Business Court: Initial Overview and Analysis
Erik Peetermans & Philippe Lambrecht

(7) Requirements upon Agreements in Favour of the NCC and the German Chambers – Clashing with the Brussels Ibis Regulation?
Georgia Antonopoulou

(8) Matchmaking International Commercial Courts and Lawyers’ Preferences in Europe
Erlis Themeli

(9) The Singapore International Commercial Court: The Future of Litigation?
Man Yip

(10) Joinder of Non-Consenting Parties: The Singapore International Commercial Court Approach Meets Transnational Recognition and Enforcement
Drossos Stamboulakis & Blake Crook

(11) The Emergence of International Commercial Courts in India: A Narrative for Ease of Doing Business?
Sai Ramani Garimella & M.Z. Ashraful

(12) The Court of the Astana International Financial Center in the Wake of Its Predecessors
Nicolas Zambrana-Tevar