Uncategorized Archives - international litigation blog
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Uncategorized

The United States Requests KORUS Consultations with South Korea over Competition Policy

I reported a couple of weeks ago that the European Union (the EU) requested, in December 2018, formal consultations with South Korea following Korea’s failure to implement certain sustainable development commitments made under the EU-Korea Trade Agreement.

It now appears that it is the United States’ turn to initiate formal consultations with South Korea pursuant to Chapter 16 of the US-Korea Free Trade Agreement (KORUS).READ MORE

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European Parliament Amends Proposal for Directive on Collective Representative Actions

On 7 December 2018, the European Parliament’s Legal Affairs Committee adopted a Report (the Report) on the proposal (the Proposal) for a Directive on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC. This Resolution amends the proposal published by the European Commission in April 2018 (see previous article here).

The Proposal enables collective redress actions against infringements of EU law with a broad consumer impact. Accordingly, it covers areas such as data protection, financial services, travel and tourism, energy, telecommunications, environment and health.

The measures contained in the Proposal remain largely unchanged. However, in its Report, the Committee on Legal Affairs puts forward a number of interesting amendments to the initial Proposal.READ MORE

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Belgian Parliament Amends Bill Establishing Brussels International Business Court

On 10 December 2018, the Commission for Justice of the Belgian Parliament published a second draft bill (the Bill) for the creation of the Brussels International Business Court (the BIBC). The Belgian government had already approved a first draft in October 2017 and submitted it to Parliament in May 2018. The Bill now aims to reflect the opinions expressed by the Belgian Council of State and of the High Council of Justice (Hoge Raad voor de Justitie/Conseil supérieur de la Justice), as well as the amendments suggested by various members of the Parliament. This being said, the key features of the BIBC remain largely unchanged.READ MORE

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EU Requests Consultations with South Korea under EU-Korea Trade Agreement Over Labour Rights Commitments

Dear Readers, Happy New Year!

In order to kick-start the year, I wanted to draw your attention to a very interesting development that took place in the field of international trade law at the end of 2018.

On 17 December 2018, the European Union (the EU) requested formal consultations with South Korea following Korea’s failure to implement certain sustainable developments commitments made under the EU-Korea Trade Agreement.

This request for consultations (which was made under Article 13.14 of the EU-Korea Trade Agreement) is the first phase of formal dispute settlement provided for in Chapter 13 of the EU-Korea Trade Agreement. Those consultations will give the EU and Korea an opportunity to discuss the matter, create a channel of communications and find an amicable solution.READ MORE

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European Court of Human Rights Rules That, If So Requested, CAS Hearings Must Be Public

On 2 October 2018, the European Court of Human Rights (the ECtHR) held in the case of Mutu and Pechstein v. Switzerland that arbitration proceedings before the Court of Arbitration for Sport (the CAS) violated the right to a fair trial enshrined in Article 6, paragraph 1 of the European Convention on Human Rights (the ECHR) if those proceedings were not conducted publicly despite the express request of one of the parties.READ MORE

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International Litigation Blog Expands to New Contributors and Opens Twitter Account

Dear Readers,

As summer is fading away and people get back to business after their holiday period, I am happy to announce two significant developments to the International Litigation Blog.

First, I am delighted to welcome five outstanding new contributors with significant expertise in the field of transnational litigation and arbitration:

Isabelle Van Damme (counsel at Van Bael & Bellis and former référendaire at the Court of Justice of the European Union);

Pietro Ortolani (Radboud University, Nijmegen, and former researcher in international law and arbitration at the Max Planck Institute, Luxembourg);

Holger Hestermeyer (King’s College, London);

Julian Arato (Brooklyn Law School); and

Ricardo Ampuero Llerena (President of the Peruvian Commission on Investments).

These five contributors will be invited on a periodic basis to share with us some thoughts and developments on topics of their choice relating to international litigation and arbitration. Given their impressive knowledge and experience in those fields, I am confident that we will all greatly benefit from their insights and views. For more information about them, I invite you to read their full biographies in the “About The Authors” section above.

To give you a taste, Pietro will open the floor tomorrow with a contribution covering the international litigation aspects arising in the context of blockchain and Initial Coin Offering.

Second, I am very happy to announce the launch of a Twitter account which will allow the blog to gain visibility. The goal of this Twitter account is to facilitate the sharing of blog posts and other significant news in the field of international litigation. So, don’t hesitate to follow us there too.

Happy reading!

Quentin

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Draft Bill to Establish Brussels International Business Court

On 15 May 2018, the Belgian government submitted to Parliament a draft bill (the Bill) for the creation of a Brussels International Business Court (the BIBC). As you may remember, we have already discussed the BIBC a couple of months ago after the Belgian government approved the Bill in October 2017. Since then (and before its submission to the Parliament), the Bill has been reviewed by both the High Council of Justice and the Belgian Council of State.READ MORE

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