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Approaches to Procedural Law. The Pluralism of Methods, edited by Professors Loïc Cadiet, Burkhard Hess and Marta Requejo Isidro (552 pp., ISBN 978-3-8487-4309-4) corresponds to volume 9 of the Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law collection.
As explained in the foreword the book is the final outcome of the second edition of the MPI-IAPL Post-doctoral Summer School in procedural law, which took place at the Max Planck Institute premises in July 2016. Guiding thread of the book are two complementary reflections: On the one hand, modern procedural law is characterized by its openness to comparative and international perspectives. On the other hand, the aperture of procedural science requires a new approach of research, which has to be based on a comparative methodology. In this context, particular attention was paid to recent trends characterizing the field: Europeanization and harmonization, marking the evolution towards a new, cross-border dimension of Procedural Law; and the growing importance of transnational legal relations in all spheres of civil and commercial which obliges to face the new challenges of procedural law across national borders.
The book gathers the contributions of young post-doc whose research focus on European and comparative procedural law, as well as on relevant dispute mechanisms for civil controversies, and those of the Professors who shared with them the summer-school experience.
You can access the table of contents here.
It is my pleasure to announce in this and the following entries the publication of three new volumes of the Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, starting with volume 8, edited by Professors B. Hess and X. Kramer.
From common rules to best practices in European Civil Procedure
2017, 486 p., ISBN 978-3-8487-4219-6
Click here to access the table of contents
What road should procedural innovation take? Twenty years after the adoption of the extended competence in the area of judicial cooperation under the Amsterdam Treaty, numerous instruments on European civil procedure have been developed and enacted by the EU legislature, and applied by national courts. There is no doubt that these instruments have built a genuine Judicial Area where citizens and businesses can rely on operating justice systems and functioning cross-border cooperation. While it remains important to study these legislative instruments and, where necessary, to establish new instruments, civil procedure in the EU has entered a new era in which the development of common standards and best practices in the Member States and at the EU level are of the essence.
The theme of the present book is inspired by the shift in focus from the establishment of new legislation with common rules to a focus on the actual implementation, application, and operationalization of the rules on cooperation in civil justice. While the discussion of common rules continues to be important and has regained importance as a result of the “common minimum standards” initiative of the European Parliament, some papers in this book also focus on how to move beyond common rules and towards best practices. These “best practices” in applying European instruments, implementing new pathways to civil justice – including eJustice, alternative dispute resolution (ADR) and collective redress — and the operationalizing of judicial cooperation, for instance through the European Consumer Centres and the European Judicial Network, give body to the principles of mutual trust and judicial cooperation. These can in turn feed the further development of the European civil procedure framework from the bottom up.
Part I is a general part dedicated to common standards of EU civil procedure, focusing on the harmonization of civil procedure and judicial cooperation in general. The central questions of this part concern whether there is a need for common standards of EU civil procedure, how to identify them, and whether we need harmonization to achieve harmonious cooperation.
The chapters included in Part II of the book are organized around the question as to whether and how innovative mechanisms for dispute resolution can enhance cooperation in the field of civil justice. E-Justice has been one of the spearheads of the European Commission to improve access to justice, with the establishment of the e-justice portal as the main achievement.
Part III is dedicated to alternative dispute resolution. Encouraging and improving Alternative Dispute Resolution (ADR) mechanisms, in particular for consumers, is another focal point in EU policy to simplify access to justice in recent years, and has resulted in the Directive on Consumer ADR48 and the Regulation on Consumer Online Dispute Resolution (ODR) along with the establishment of the ODR platform.
Part IV includes a number of short chapters on best practices in the EU to operationalize judicial operation and to improve mutual trust.
With contributions from more than 20 experts from practice and academia this remarkable conference volume offers valuable blueprints for a reinvigorated judicial cooperation.
Symeon Symeonides has posted on SSRN his 31st annual survey of American choice-of-law cases. The survey covers appellate cases decided by American state and federal courts during 2017. It can be found here https://ssrn.com/abstract=3093709 The table of contents is reproduced below.
Symeonides has also posted his annual Private International Law Bibliography for 2017. It can be found here https://ssrn.com/abstract=3094215.
31st Choice-of-Law Survey Table of Contents
Part I. Jurisdiction
- The Supreme Court Speaks (Again)
- Foreign Sovereign Immunity
- The Terrorism Exception
- The Noncommercial Tort Exception
- The Expropriation Exception
- Jurisdiction Over Non-Recognized States
- The Fukushima Nuclear Accident
- The Political Question Doctrine
Part II. Extraterritoriality (or Non) of Federal Law
- Fifth Amendment
- Alien Tort Statute and Human Trafficking
- Civil Rico and Domestic Injuries
Part III. Choice of Law
- Georgia’s Peculiar Lex Loci Rule
- Intrafamily Immunities and Families in Transit
- Vicarious Liability
- Distribution of Wrongful Death Proceeds
- Hospital Liens
- Medical Malpractice and State Immunity
- Federal Tort Claims Act and United States Immunity
- Extraterritoriality (or Non) of State Statutes
- Cross-Border Telephone Calls
- State Civil RICO
- Other Statutes
- Air Travel, a “Needlestick,” and the Montreal Convention
- Products Liability
- Cases Applying the Pro-Defendant Law of a Plaintiff-Affiliated State
- Other Cases Applying a Pro-Defendant Law
- Cases Applying a Pro-Plaintiff Law
- Choice-of-Law Clauses and Jury Waivers
- Choice-of-Law Clauses and Trusts
- Choice-of-Law Clauses and Old-Style Ordre Public
- Separability(?) of Choice-of-Law Clauses
- Scope of the Choice-of-Law Clause
- Choice-of-Law and Forum-Selection Clauses
- Choice-of-Law Clauses and Arbitration Clauses
- Insurance Contracts
- Choice-of-Law Methodology
- Vacillation in Wyoming
- The Methodological Table
- Statutes of Limitation
- New Jersey’s New Switch
- Summary of State Practices
- Choice-of-Law Clauses and Statutes of Limitations
- Recovering Nazi-Looted Artwork
- Marriage and Divorce
- Marital Property
Part IV. Foreign Judgments and Awards
- Sister-State Judgments
- Land in another State
- Due Process
- Statutes of Limitations
- Foreign-Country Judgments
- Paternity and Public Policy
- Child Custody and Human Rights
- Child Support
- Procedural Due Process
- Service of Process
- Jurisdiction in the State of Origin
- Judgment “Contrary” to Arbitration Agreement
- Statute of Limitations
- Foreign Arbitration Awards
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