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Out now: Punitive Damages and Private International Law: State of the Art and Future Developments

Written by Zeno Crespi Reghizzi, Associate Professor of International Law at the University of Milan

The recognition of punitive damages represents a controversial issue in Europe. For many years, due to their conflict with fundamental principles of the lex fori, punitive damages have been found to be in breach of public policy by some European national courts. This has prevented the recognition and enforcement of foreign judgments awarding them, or (more rarely) the application of a foreign law providing for these damages.

More recently, the negative attitude of European courts vis-à-vis punitive damages has been replaced, at least in some States, by a more open approach. The latest example is offered by a revirement of the Italian Supreme Court case law as per its judgment no 16601 of 5 July 2017.

This book – edited by Stefania Bariatti, Luigi Fumagalli, and Zeno Crespi Reghizzi and published by Wolters Kluwer-CEDAM – intends to explore the relationship between punitive damages and European private international law from different angles. After introducing the topic from a comparative law perspective, the chapters of this book examine, in particular, the purpose and operation of public policy as applied to punitive damages, the solutions adopted by the case law of various European States, the treatment of punitive damages in international commercial arbitration, and the emerging trends in EU and ECHR law.

The contributions have been prepared by leading legal scholars from different jurisdictions and are based on papers presented at a conference that took place on 11 May 2018 at the Department of Italian and Supranational Public Law of the State University of Milan, with the support of the SIDI Interest Group on Private International Law and the “Rivista di diritto internazionale privato e processuale”.

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

Save the Date – 14 November 2019

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. Detailed information on the program and (free of charge) registration will follow soon. Contact address for further information: ontanu@law.eur.nl.

The finail 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.

Milan, 25-26 October: Blockchain, Law and Governance

On 25 and 26 October 2019 Benedetta Cappiello and Gherhardo Carullo from the Università degli Studi di Milano will host a conference dealing with blockchain from a legal perspective. The focus is on the positive effects that this technology can generate. Special attention is paid to projects that aim to promote sustainability through blockchain solutions. One of the panels is devoted to jurisdiction and the law applicable to smart contracts.

The conference aims at:

  • offering a critical analysis of the potential benefits and legal risks of distributed ledger technologies;
  • scrutinizing opportunities offered by blockchain technology and possible regulatory frameworks;
  • discussing the legal implications of blockchain technologies;
  • presenting real-world blockchain projects applied to society;
  • bringing together different stakeholders to discuss the future role of governments and the contemporary challenges to public trust.

Conference programme:

DAY 1 – October 25th

9:00 – 9:30: Registration

9:30 – 10:15: Welcome from: E. Franzini, University Chancellor; V. Nardo, Presidente Ordine Avvocati; L. Violini, Head of Department Diritto pubblico italiano e sovranazionale

10:30 –11:00: The Italian perspective: “An Introduction

  • P. Ciocca, Commissario Consob

11:00 – 11:30: Coffee Break

11:30 –12:15: Plenary Session: Understanding Blockchain: “An introduction

  • C. Malcolm, Head, Blockchain Policy Center, OECD-OCDE, tbc

12:30 – 13:45: Lunch

13:45 –14:15: Workshop:How to ‘mine’?”

  • C. Biondi Santi, BitMiner Factory, Firenze

14:30 –16:15: PlenarySession:“Blockchain in law”

Chair: NerinaBoschiero,FacultyDean

  • P. de Filippi, Permanent Researcher at the National Center of Scientific Research (CNRS) and Faculty Associate at the Berkman Klein Center for Internet and Society at Harvard University
  • O. Goodenough, Director of the Center for Legal Innovation, Vermont Law School – CodeX Affiliated
  • T. Schrepel, Utrecht University School of Law

16:15 – 16:45: Coffee Break

16:45 –18:00: “Blockchain in action: Crypto currencies”

Chair: Gabriele Sabbatini

  • G. Zucco, BlockchainLabit, founder
  • P. Dal Checco, Turin University
  • R. Ghio, WizKey

16:45 –18:15: “Smart legal contract: forum and applicable law issue”

Chair:Benedetta Cappiello, University of Milan

  • G. Rühl, Professor Friedrich Schiller University, Jena
  • P. Bertoli, Professor Università degli Studi dell’Insubria
  • M. T. Giordano, LT42

DAY 2 – October 26th

9:30 –10:30: Plenary session:“Blockchain as a tool to achieve the SDGs”

Chair: Cesare Pitea, University of Milan

  • R. della Croce, OCSE, Senior Economist, Blockchain and green finance
  • G. Baroncini Turrichia, HELPERBIT founder, Blockchain Project applied
  • G. Coppi, Fordham University, International Humanitarian Affairs

10:30 – 11:00: Coffee break

11:00 12:30: “Who and how to decide?”

ChairAlessandro Palumbo, Ph.D., CEOJUR

  • P. Ortoloni, Radboud University, Nijmegen
  • A. Santosuosso, Professor Università degli Studi di Pavia
  • J. Lassègue, Professor and Chargé de recherche CNRS

11:00 – 12:30: “Transparency Issue”

Chair: Gherardo Carullo

  • M. Nastri, Notaio
  • M. Finck, Max Planck Institute for innovation and competition
  • A. Zwitter, Dean, Rijksuniversiteit Groningen

For further information contact Benedetta Cappiello (benedetta.cappiello@unimi.it)