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Seminar ‘It Takes Two to Tango’

On June 13 and 14, Jos Hoevenaars joined a group of scholars working on the preliminary reference procedure of the EU legal system for an exchange of ideas and perspectives on the ‘dance’ between national courts and the Court of Justice of the EU. The seminar ‘It Takes Two to Tango’ and organised by the Radboud University of Nijmegen took place in Ede (the Netherlands) and brought together an interdisciplinary group of scholars with various empirical point(s) of view in terms of how national courts (do not) send references to the ECJ. Jos was invited to present his work on the ECJ and empirical insights into the preliminary reference procedure from the perspective of legal practitioners that have participated in these proceedings.

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Published: November 10, 2018

On 8 and 9 November, Emma van Gelder and Georgia Antonopoulou attended the Dubai Conference ‘Court Excellence and Innovation: Today and Tomorrow 2018’. The conference kicked off presenting the International Framework for Court Excellence. Can the success of courts as service providers be measured and if yes what should the criteria be? Courts’ best practices across different jurisdictions were presented and their potential to improve civil litigation was discussed. In light of the rise of cross-border disputes, the opportunities for courts across jurisdictions to collaborate and to establish partnerships so as to dispense ambiguity for future court users and to improve efficiency for enforcement proceedings were explored. The Memoranda of Guidance on the Recognition and Enforcement of Civil Judgements, that the Dubai International Financial Center Courts (DIFC) have signed with foreign courts, were used as an example of judicial cooperation across jurisdictions. Furthermore, judges of the DIFC Small Claims Tribunal and the Commercial Court of Dubai, drew upon their experience in dispute resolution. While the Small Claims Tribunal focuses on the rapid resolution of low value cases by increasingly making use of technology and alternative dispute resolution methods, the Commercial Court aims to accommodate international commercial disputes and contribute in establishing Dubai as an attractive investment destination. The subsequent panels centered on the use of technology in court administration and judicial decision making. In particular, the panelists considered the benefits and challenges of remote hearings, service via email or even social media and the use of artificial intelligence in the adjudication of cases. The role of the judiciary and the legal profession in the advent of online courts and the emergence of online dispute resolution platforms lead to an intriguing discussion that questioned current court practices.