Logo der Universität Wien
You are here:>University of Vienna >ELI

ELI-UNIDROIT Working Group on Obligations of the Parties, Lawyers and Judges met in Maastricht

The Working Group on Obligations of the Parties, Lawyers and Judges, chaired by Professors C. H. van Rhee and Alan Uzelac, met in Maastricht and in Leuven on 25 and 26 November after two previous successful meetings in Maastricht and Dubrovnik.

The aim of the meeting was to discuss a set of draft rules, accompanied by the commentary produced by the 5 subgroups of the Working Group and consolidated in a single document by Professors Uzelac and Van Rhee. The document is structured in 5 parts: (1) General Part: Duty of Loyal Cooperation, (2) Planning and Management of the Proceedings, (3) Determination of Facts, (4) Determination of Law, and (5) Duty to Promote Consensual Dispute Resolution. Each part consists of a section on sanctions.

Apart from general issues, such as the extent of judicial case management powers that would be acceptable in the various legal systems of the EU, and the specific duties of the parties to cooperate with each other and the court, the Working Group decided to discuss the draft articles individually. Even though the Working Group devoted two full days to the discussion of the draft, it turned out that more time was needed to finalise the English text and commentary, whereas it was also decided that the French translation, that will be done by Professor E. Jeuland, needs to be discussed in a plenary session.

To this end, a meeting will be convened in Pavia in February 2016. There, the Working Group will decide whether an additional plenary meeting will be needed. The meeting was made possible thanks to funding from the European Law Institute and Maastricht University.