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Evidence in Spanish and Greek Law on Civil Procedure
Prof. Makridou and Prof. Diamantopoulos are hosting on 23/04/2018 a seminar on the law of evidence in Spain and Greece. The event starts at 09.00 and will take place in the conference room of the Central Library of the Aristotle University of Thessaloniki.
The program of the seminar is the following:
CHAIRMAN
Prof. Konstantinos Polyzogopoulos, National and Kapodistrian University of Athens
SPEAKERS
Prof. Fernando Gascón Inchausti, Complutense University of Madrid
Prof. Enrique Vallines Garcia, Complutense University of Madrid
Prof. Kalliopi Makridou, Aristotle University of Thessaloniki
Ass. Prof. Ioannis Delikostopoulos, National and Kapodistrian University of Athens
CONCLUSIONS
Prof. Georgios Diamantopoulos, Aristotle University of Thessaloniki
This seminar forms part of a project initiated by Prof. Makridou and Prof. Diamantopoulos back in 2014. In the course of the past 5 years, the professors have edited three volumes, published in the series ‘Greek and Foreign Civil Procedural Systems’, Sakkoulas Publications.
Vol. 1: Issues of Estoppel and Res Judicata in Ango-American and Greek Law (2014)
Vol. 2: Civil trial of first and second instance according to Swiss and Greek Law (2014)
Vol. 3: Provisional measures in Italian and Greek Law (2016)
Save the date: Seminar International Business Courts
Innovating International Business Courts: A European Outlook
On 10 July 2018, a seminar will be held on the establishment of international business courts in a number of Member States. It aims to discuss these initiatives, in particular the novelties in the court administration and the procedural rules, to exchange views on the possible impact on international commercial and complex litigation, and to reflect on the challenges ahead.
The seminar is organised by Erasmus School of Law (ERC project ‘Building EU Civil Justice’) of Erasmus University Rotterdam, in collaboration with the Max Planck Institute for Procedural Law Luxembourg, and the Montaigne Centre for Judicial Administration and Conflict Resolution (Utrecht University)
More information on the program and how to register will follow soon!
Recent Scholarship on Article 5 of the Rome I Regulation
Yehya Badr, Associate Professor at the Alexandria University, Egypt, published an article “A Cure From Rome for Montreal’s Illness: Article 5 of the Rome I Regulation and Filling the Void in the 1999 Montreal Convention’s Regulation of Carrier’s Liability for Personal Injury”, in (2018) 83 JOURNAL OF AIR LAW AND COMMERCE 83. The abstract reads:
“An examination of the 1999 Montreal Convention shows that the drafters did not intend to lay down a comprehensive treaty that would organize a carrier’s liability for personal injury to passengers. They opted to achieve a certain level of uniformity through enacting a set of rules that tackled several key issues such as the grounds for a carrier’s liability, the available defenses, and the limits on the recoverable damages. Consequently, some unaddressed issues created a void in the Montreal Convention and were then left without a clear remedy. In this article, a distinction is made between two types of voids: first, the definitional void describes the lack of definition for several key terms used in the Montreal Convention, such as “accident” and “carrier.” Second, the regulatory void describes the lack of rules to address issues such as determining the effect of a passenger’s contributory negligence as a defense for liability and the right of action. This article demonstrates that national courts have resorted either to the forum’s law or the forum’s choice-of-law rules to fill the void in the Montreal Convention. As a result, international uniformity of results cannot be achieved nor is there any predictability. This article recommends the adoption of Article 5 of the Rome I Regulation as a solution to this problem. Doing so would give both parties the freedom to choose a law from a predetermined list, and fill the above mentioned voids, while providing alternative choice-of-law rules if the parties decided not to choose a law to govern their contract for air carriage.”
The full text can be downloaded here.