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Out now: ZEuP 2018, Issue 2
The latest issue of the Zeitschrift für Europäische Privatrecht has just been released. Read more
Symposium Publication: Court Jurisdiction and Proceedings Transfer Act
The most recent issue of the Osgoode Hall Law Journal (available here) is a special issue, guest edited by Janet Walker, Gerard Kennedy and Sagi Peari, considering the Court Jurisdiction and Proceedings Transfer Act. This statute governs the taking of jurisdiction and both staying and transferring proceedings in civil and commercial matters in three Canadian provinces: British Columbia, Nova Scotia and Saskatchewan.
The abstract to the introductory article states: “In 2016, the Court Jurisdiction and Proceedings Transfer Act (“CJPTA”) marked its tenth year in force. Promulgated by the Uniform Law Conference of Canada, and adopted in British Columbia, Saskatchewan and Nova Scotia, the CJPTA was developed to clarify and advance the law of judicial jurisdiction. In a symposium hosted by Osgoode Hall Law School, ten leading scholars were invited to present papers on specific questions in order to assess the promise of the CJPTA to meet the needs of Canadians in the years ahead and to provide leadership for the law in other parts of Canada. This article provides an overview of the issues discussed in the symposium; it places the papers that were presented in the larger context of developments in the law of judicial jurisdiction in Canada and internationally; and it summarizes in an appendix the drafting reforms that might be made to the Act.”
The articles about the CJPTA are:
Judicial Jurisdiction in Canada: The CJPTA—A Decade of Progress (Janet Walker)
Six of One, Half a Dozen of the Other? Jurisdiction in Common Law Canada (Stephen G.A. Pitel)
Jurisdiction Motions and Access to Justice: An Ontario Tale (Gerard J. Kennedy)
Has the CJPTA readied Canada for the Hague Choice of Court Convention? (Geneviève Saumier)
General Jurisdiction over Corporate Defendants under the CJPTA: Consistent with International Standards? (Catherine Walsh)
Residual Discretion: The Concept of Forum of Necessity under the Court Jurisdiction and Proceedings Transfer Act (Michael Sobkin)
Three Objections to Forum of Necessity: Global Access to Justice, International Criminal Law, and Proper Party (Sagi Peari)
Cross-Border Transfers of Court Proceedings (Vaughan Black)
The Court Jurisdiction and Proceedings Transfer Act and the Hague Conference’s Judgments and Jurisdiction Projects (Joost Blom)
Cross-Border Debt Recovery in the EU. Workshop on the application of the EU “second generation” regulations in France and Luxembourg
The workshop Cross-Border Debt Recovery in the EU. Application of the “second generation” regulations in France and Luxembourg, taking place at the MPI Luxembourg on June 8th, is organised in the framework of the IC2BE research project “Informed Choices in Cross-Border Enforcement” (JUST-AG-2016-02). Funded by the Justice Programme (2014-2020) of the European Commission, this project aims at assessing the working in practice of the “second generation” of EU regulations on procedural law for cross-border cases – the European Enforcement Order, Order for Payment, Small Claims (as amended by Regulation (EU) 2015/2421) and the Account Preservation Order Regulations. The project is carried out by a European consortium comprising the MPI Luxembourg and the universities of Antwerp, Complutense of Madrid, Milan, Rotterdam and Wroclaw, under the coordination of Prof. Jan von Hein, from the University of Freiburg.
Experts and practitioners from different countries, mainly France and Luxembourg, will get together on the 8th of June to address the application in practice of the above-mentioned regulations in both Member States. Presentations will be given by Prof. Cyril Nourissat, Mr. Marc Cagniart, Prof. Agnieszka Frackowiak-Adamska, Mr. Max Mailliet, Dr. Alina Ontanu, Ms. Julie Jasson, Dr. Katharina Raffelsieper, Ms. Katrien Baetens, Ms. Alice Canet, Mr. Grégory Minne and Ms. Clara Mara-Marhuenda. A panel discussion will follow, with the presence of, i.a., Prof. Gilles Cuniberti, Dr. Justus Froehlich, Mr. Patrick Gielen, Prof. Olivier Hance, Mr. Jona van Leeuwen, Dr. Stephan Lesage-Mathieu, Dr. Carl Friedrich Nordmeier, Dr. Herbert Woopen. The program is available here.
The spoken languages will be English and French.
The workshop is conceived as a closed event. However, people having a special interest on the topic are invited to apply for admission upon condition they provide a short explanation for their interest.
Contact address: veerle.vandeneeckhout@mpi.lu