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ELI ‘Dispute Resolution’ SIG meeting, on 28 April (Leuven)

After previous meetings in Wiesbaden and Ferrara, the ELI SIG ‘Dispute Resolution’ held its third gathering on 28 April 2017 in Leuven. The meeting was hosted by Professor Stefaan Voet from KU Leuven and Professor Thomas Pfeiffer from Heidelberg University. Seven group members were present.

 

There were three topics on the agenda. The first item on the agenda considered a question of the future activities of the SIG in the area of the ISDS (Investor-State Dispute Settlement) and whether the EU-Canada CETA (Comprehensive Economic and Trade Agreement) and/or EU-US TTIP (Transatlantic Trade and Investment Partnership) dispute resolution mechanisms would or could be a model for future projects.

 

After a short presentation by Professor Alan Uzelac from Zagreb University (“The Worst of Both Worlds”) the group decided to launch a call for papers by 31 August 2017. Depending on this input, further steps will be considered.

 

Secondly, the group talked about harmonising substantive law by procedural means and the question whether a European Court for commercial matters would be desirable and feasible. Professor Thomas Pfeiffer gave a short presentation. The group agreed on writing a position paper with some relevant questions that could form the basis for a future ELI project or a less-formal project led by some group members.

 

Finally, the group discussed some other ideas that could be explored in the future. Professor Aura Esther Vilalta Nicuesa from the Universitat Oberta de Catalunya launched an idea about online platforms and reputational feedback systems. Her paper will be distributed among the group members. Professor Christopher Hodges from the Oxford University picked up on the topic in light of his recent research about (self-)regulation and ethical behaviour. As an aside, there was also some discussion about the recent developments regarding mediation and ADR.

 

The next meeting of the SIG Dispute Resolution will take place in Barcelona on 12-13 October 2017.