Court systems and private international law
On 10 July 2018, a seminar will be held on international business courts. On 1 July 2018, or soon thereafter, the Netherlands Commercial Court is expected to open its doors, while in a number of other Member States similar initiatives are being undertaken or a specialized commercial court is firmly rooted already. These courts are of significant importance to international business litigation, offering tailor-made procedures (including the option to litigate in the English language) and providing an alternative to arbitration.
Eminent speakers from the Netherlands, England, France, Germany and Belgium will discuss these initiatives, the novelties in the court administration and procedural rules, exchange views on the impact on international commercial and complex litigation, and reflect on the challenges ahead. The seminar will bring together practitioners, academics, business representatives and policy makers from European countries and beyond.
The seminar is jointly 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 Rule of Law and Judicial Administration (Utrecht University).
Published: March 9, 2018
On 2 March Xandra Kramer gave a talk at a conference in Berlin on 'How European is European Private International Law?'. She focused on the how the judicial infrastructure can contribute to the application of European private international law rules, using among others aggregated statistics on the number of preliminary questions of national courts in the Member States and an inventory among experts and stakeholders in a number of Member States. One of the issues addressed was the rise of international commercial courts, in the Netherlands, Belgium, France, and Germany in particular, as is studied in depth by Georgia Antonopoulou in our ERC project. These courts are, however, not established with a view to facilitating the proper application of EU private international law rules.
Whereas specialized courts, special chambers within courts, specialised judges, court experts, judicial training, formal (e.g. EJN) and informal networks are useful to improve the application of these rules, it should be realized that in many courts these rules are only relevant in relatively a small number of cases, and measures should be cost-effective not to burden the available court budget. In addition, reflection is necessary as to the role of European private international law in view of current developments and the political and social climate in the EU.