News

A2J and Navigating the Maze of the Law

Xandra Kramer and Christoph Engel (ESL; Max Planck Institute for Research on Collective Goods) presented their ideas for a vignette study on how laypeople navigate the maze of the law at Erasmus School of Law on 16 November 2017. The study aims to  investigate the relevance of legal uncertainty for the decision of laypersons to rely on the legal system as a means for seeking redress.

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A2J and Navigating the Maze of the Law

Xandra Kramer and Christoph Engel (ESL; Max Planck Institute for Research on Collective Goods) presented their ideas for a vignette study on how laypeople navigate the maze of the law at Erasmus School of Law on 16 November 2017. The study aims to  investigate the relevance of legal uncertainty for the decision of laypersons to rely on the legal system as a means for seeking redress.

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Presentation Eurojuris International

On 14 October, Xandra Kramer gave a lecture and workshop for members of the EUROJURIS INTERNATIONAL Litigation, ADR & Contracts Practice Group, on the ocassion of the 25th anniversary of Eurojuris (a leading network of law firms) in Brussels. She presented new developments in the area of international commercial litigation and ADR in Europe and discussed the consequences of Brexit for international litigation in Europe.

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Presentations collective redress at European Law Academy

On 12 October, two team members presented on collective redress at the annual consumer conference at the European Law Academy in Trier. Alexandre Biard presented a paper on the Recommendation on collective redress and the upcoming evaluation. Xandra Kramer gave a talk on Dutch collective settlements and the pending bill on collective compensatory actions, and chaired a lively round table discussion on safeguards to avoid abuse of collective redress mechanisms in the EU.

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Opinion on Netherlands Commercial Court in financial newspaper FD

Xandra Kramer in collaboration with Eddy Bauw (professor at the Universities of Utrecht and Amsterdam) published an opinion in the Dutch financial newspaper Het Financieele Dagblad (FD) on the Netherlands Commercial Court. Providing counter arguments to an opinion published in the FD of last week, it contends that generally this initiative should be welcomed as it equips the court better to offer high quality and more tailor-made justice. The bill to establish this specialized chamber of the Amsterdam District court is currently pending in Parliament. It aims to facilitate the handling of complex, commercial and international cases, among others by allowing parties to choose English as the language of the litigation.

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Dutch collective redress dangerous? A call for a more nuanced approach

Recently, the Dutch approach to the resolution of mass claims, including the Mass Claim Settlement Act (WCAM), has been criticised by the US ILR for failing to comply with the European Commission’s 2013 Recommendation on Collective Redress, and therefore being particularly prone to abuses. In response to this, Xandra Kramer and Alexandre Biard in collaboration with Ilja Tillema wrote a blogpost calling for a more nuanced approach, and stressed that it remains of the utmost importance that both drawbacks and benefits of collective redress mechanism be thoroughly addressed and assessed.

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Pathways to empirical legal research

The ERC team had the opportunity to further explore the use of empirical methodologies in legal research and its relevance in the context of the ERC project. On 22 September 2017, Georgia Antonopoulou and Emma van Gelder attended the Ius Commune Empirical Legal Research Workshop organized at Maastricht University, where they discussed and exchanged ideas with empirical legal experts on key topics concerning empirical research relevant to the project, including data gathering and data interpretation. On 26 September Alexandre Biard and Emma van Gelder attended a guest lecture at Leuven University, where they further considered the relevance of empirics when applied to the ADR sector during a guest lecture given by Professor Deborah Hensler from Stanford University.

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Kick-off meeting EGSL for PhD researchers

On 21 September 2017, the kick-off meeting of Erasmus Graduate School of Law (EGSL) of Erasmus School of Law took place where Emma van Gelder and Georgia Antonopoulou introduced themselves and their research projects. During this first year they will follow research-related courses to guide them in their PhD research.

Erlis Themeli was a panel member exchanging experiences and good practices on how to successfully pursue a PhD research.

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Presentation ERC project at BACT annual meeting

On 21 September 2017, Xandra Kramer presented the ERC project and all team members introduced their subproject at the annual meeting of the multi-disciplinary and international research program BACT at Erasmus School of Law. The synergies with projects of other researchers within the program  strengthens the ERC research.

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Effective Access to Courts v. Compulsory Mediation Procedures:  CJEU Clarifies the Matter

On 14 June 2017, the First Chamber of the CJEU delivered an interesting preliminary ruling (case C-75/16, Menini & Rampanelli v Banco Popolare – Società Cooperativa) bringing in new insights on the admissibility of compulsory mediation procedures in the EU. Alexandre Biard wrote a blogpost on the case and implications of the ruling here.

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Participation in ELI Annual Conference

Several team members participated in the ELI annual conference that took place in Vienna from 6-8 September 2017. On 7 September Xandra Kramer, as Co-Reporter of the “Structure” working group, presented the progress of the ELI-UNIDROIT joint project “European Rules of Civil Procedure” that is expected to contribute significantly to the development of European civil procedure. The first official consolidated draft of three sets of civil procedure rules on evidence, provisional measures and the service of documents was critically discussed with the panelists and the participants. The team members attended among others the “The Courts and Alternative Dispute Resolution” panel, which focused on court-based dispute resolution processes (“CBDRPs”) and the various challenges arising from it as well as panels on digitalization In addition, the team participated in the Special Interest Groups on Digital Law and Dispute Resolution, where cutting-edge developments in each field were presented. During the SIG meeting on Dispute Resolution the team had the chance to briefly introduce the ERC project and to exchange ideas on the establishment of specialized international courts in particular.

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Kick-off ERC project

On 1 September 2017, the ERC project team had its kick-off meeting, discussion content, organization and strategy of the project. The team consists of three postdocs, Erlis Themeli), Alexandre Biard and Hoevenaars (subproject Self-representation) and two PhD candidates, Emma van Gelder and Georgia Antonopoulou. Kyra Hanemaayer has been appointed as student assistant to support the project team. Go to team for more information on the project team.

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Xandra Kramer presents on eJustice at Wiesbaden Conference

On 23 June 2017 Xandra Kramer gave a presentation on 'Digitalization at full speed: Innovating justice in the Netherlands' at a conference organized by the EBS Law School in Wiesbaden dedicated to the 'Digital Single Market: Bausteine eines Digitalen Binnenmarktes'. The paper will be published in a conference volume in 2018.

 

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ERC Consolidator Grant awarded to Xandra Kramer

Xandra Kramer was awarded a European Research Council (ERC) Consolidator Grant for her project on Building EU civil justice: challenges of procedural innovations bridging access to justice. We are currently recruiting three postdocs and two PhD researchers and will finalize the selection well before the kick-off on 1 September 2017.

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