image_pdfimage_print

Views

Nothing Found

Sorry, no posts matched your criteria

News

From Common Rules to Best practices in European Civil Procedure

/in /by

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

Abstract:

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.

Annual Survey of American Choice-of-Law Cases

/in /by

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

Introduction

Part I. Jurisdiction

  1. The Supreme Court Speaks (Again)
  2. Foreign Sovereign Immunity
  3. The Terrorism Exception
  4. The Noncommercial Tort Exception
  5. The Expropriation Exception
  6. Jurisdiction Over Non-Recognized States
  7. The Fukushima Nuclear Accident
  8. The Political Question Doctrine

Part II. Extraterritoriality (or Non) of Federal Law

  1. Fifth Amendment
  2. Alien Tort Statute and Human Trafficking
  3. Civil Rico and Domestic Injuries

Part III. Choice of Law

  1. Torts
  2. Georgia’s Peculiar Lex Loci Rule
  3. Intrafamily Immunities and Families in Transit
  4. Vicarious Liability
  5. Distribution of Wrongful Death Proceeds
  6. Hospital Liens
  7. Medical Malpractice and State Immunity
  8. Federal Tort Claims Act and United States Immunity
  9. Defamation
  10. Extraterritoriality (or Non) of State Statutes
  11. Cross-Border Telephone Calls
  12. State Civil RICO
  13. Other Statutes
  14. Air Travel, a “Needlestick,” and the Montreal Convention
  15. Products Liability
  16. Introduction
  17. Cases Applying the Pro-Defendant Law of a Plaintiff-Affiliated State
  18. Other Cases Applying a Pro-Defendant Law
  19. Cases Applying a Pro-Plaintiff Law
  20. Contracts
  21. Choice-of-Law Clauses and Jury Waivers
  22. Choice-of-Law Clauses and Trusts
  23. Choice-of-Law Clauses and Old-Style Ordre Public
  24. Separability(?) of Choice-of-Law Clauses
  25. Scope of the Choice-of-Law Clause
  26. Choice-of-Law and Forum-Selection Clauses
  27. Choice-of-Law Clauses and Arbitration Clauses
  28. Insurance Contracts
  29. Choice-of-Law Methodology
  30. Vacillation in Wyoming
  31. The Methodological Table
  32. Statutes of Limitation
  33. New Jersey’s New Switch
  34. Summary of State Practices
  35. Choice-of-Law Clauses and Statutes of Limitations
  36. Recovering Nazi-Looted Artwork
  37. Marriage and Divorce
  38. Marital Property

Part IV. Foreign Judgments and Awards

  1. Sister-State Judgments
  2. Land in another State
  3. Due Process
  4. Statutes of Limitations
  5. Foreign-Country Judgments
  6. Paternity and Public Policy
  7. Child Custody and Human Rights
  8. Child Support
  9. Procedural Due Process
  10. Service of Process
  11. Jurisdiction in the State of Origin
  12. Judgment “Contrary” to Arbitration Agreement
  13. Statute of Limitations
  14. Foreign Arbitration Awards

Out now: Recognition and Enforcement of Foreign Judgments in Asia

/in /by

A compendium of country reports on the law on the recognition and enforcement of foreign judgments in ASEAN, Australia, China, India, Japan and South Korea has been published by the Asian Business Law Institute, a research institute based in Singapore. The list of contributors reads as follows:

  1. Professor Elizabeth Aguiling-Pangalangan of the University of the Philippines;
  2. Dr Andrew Bell, SC of Eleven Wentworth Chambers, Australia;
  3. Dr Bich Du Ngoc of Ho Chi Minh City Open University;
  4. Mr Youdy Bun of Bun & Associates, Cambodia;
  5. Xaynari Chanthala and Mr. Kongphanh Santivong of LS Horizon (Lao) Limited;
  6. Associate Professor Adeline Chong of Singapore Management University;
  7. Professor Choong Yeow Choy of the University of Malaya;
  8. Professor Guo Yujun of Wuhan University, China;
  9. Professor Toshiyuki Kono of Kyushu University;
  10. Mr Minn Naing Oo of Allen & Gledhill (Myanmar) Co Ltd;
  11. Dr Colin Ong, QC of Dr Colin Ong Legal Services, Brunei;
  12. Dr Yu Un Oppusunggu of the University of Indonesia;
  13. Mr Narinder Singh of the Indian Society of International Law;
  14. Dr Poomintr Sooksripaisarnkit of the University of Tasmania; and
  15. Professor Suk Kwang Hyun of Seoul National University.

You can download the compendium at: http://abli.asia/PROJECTS/Foreign-Judgments-Project.

Further information may be found in the publisher’s blurb:

Out Now: Recognition and Enforcement of Foreign Judgments in Asia

The Asian Business Law Institute’s (ABLI)* first publication in its ABLI Legal Convergence Series has been released, a compendium of country reports entitled “Recognition & Enforcement of Foreign Judgments in Asia”.  This new publication has been edited by Associate Professor Adeline Chong of the School of Law, Singapore Management University, who is leading ABLI’s Foreign Judgments Project.

The compendium is the output of the first part of ABLI’s project to promote the convergence of the law on the recognition and enforcement of foreign judgments in Asia.

The compendium consists of 15 short and concise country reports which provide lawyers and businesses with an overview of how foreign judgments in civil and commercial matters are recognised in different jurisdictions in Asia and the requirements which would need to be fulfilled for a foreign judgment to be enforced in these jurisdictions.

This is the first time such a study is made covering the laws of the ten ASEAN countries and the major Asian economies of Australia, China, India, Japan and South Korea. The reports are written by legal academics and practitioners from the 15 countries covered by the project and the compendium is freely available on ABLI’s website at: http://abli.asia/PROJECTS/Foreign-Judgments-Project.

The compendium will also act as a springboard for the next phase of ABLI’s Foreign Judgments Project which will consider whether sufficient areas of commonality exist for convergence in this area of the law and how convergence may best be achieved. The convergence of the foreign judgment rules in Asia is essential as Asia moves rapidly towards a borderless trading environment, as the greater portability of judgments within Asia will facilitate cross-border transactions by lowering transaction costs and associated legal friction among jurisdictions.

* The Asian Business Law Institute was launched in January 2016. It is a permanent institute based in Singapore that initiates, conducts and facilitates research with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. Its mission is to remove unnecessary or undesirable differences between Asian legal systems that pose obstacles to free and seamless trade. ABLI’s long-term strategic direction in accordance with its aims is set by its Board of Governors chaired by The Honourable the Chief Justice Sundaresh Menon of the Supreme Court of Singapore. The Board comprises representatives from Australia, China, India and Singapore and other internationally renowned legal experts.

Upcoming Events