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Article

Access to Justice and the Role of ODR Inside and Outside Brazilian Courts

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords online dispute resolution, access to justice, efficiency, technology
Authors Marco Rodrigues
AbstractAuthor's information

    Getting cases decided in court within a reasonable time is a problem in many countries and in some cases can present a veritable crisis of justice. An alternative that is commonly used in judicial proceedings (at least in many civil law countries) is to hold a preliminary hearing in order to encourage a settlement. This article aims to analyse online dispute resolution as an efficient alternative to resolve the crisis of justice in Brazil.


Marco Rodrigues
Professor of Civil Procedure, Rio de Janeiro University.

    The Supreme Court found that the Court of Appeal did not properly examine whether the difference of treatment of employees based on a social plan may be justified.


Ioana Cazacu
Ioana Cazacu is Managing Associate with POPOVICI NIŢU STOICA & ASOCIAŢII, Bucharest, Romania.
Article

Access_open Joinder of Non-Consenting Parties: The Singapore International Commercial Court Approach Meets Transnational Recognition and Enforcement

Journal Erasmus Law Review, Issue 1 2019
Keywords international commercial courts, international business courts, third parties, third party joinder, recognition and enforcement
Authors Drossos Stamboulakis and Blake Crook
AbstractAuthor's information

    In this article we explore the approach of the Singapore International Commercial Court (the ‘SICC’) to jurisdiction and joinder of non-consenting parties, and way that any resulting judgments are likely to be treated by foreign enforcing courts. This novel juncture arises as international commercial courts, such as the SICC, rely predominantly upon party autonomy to enliven their jurisdiction over disputants. This does not require any territorial link of the parties or the dispute to the host jurisdiction (Singapore). At the same time, however, the SICC is granted a mandate under Singaporean law to join non-consenting parties, again with no necessary territorial link. Where such joinder occurs, any resulting judgment is likely to face significant difficulties if recognition and enforcement is sought outside of Singapore. To support this argument, we first set out the ways in which non-consenting disputants may be joined to proceedings before the SICC, and offer some initial thoughts on how these powers are likely to be exercised. Second, we argue that any such exercise of jurisdiction – that lacks either territorial or consent-based jurisdiction grounds – is unlikely to gain support internationally, by reference to transnational recognition and enforcement approaches, and the SICC’s most likely recognition and enforcement destinations. Finally, we offer some concluding remarks about the utility of international commercial court proceedings against non-consenting parties, including the possibility they may impact on domestic recognition and enforcement approaches in foreign States.


Drossos Stamboulakis
B.Com, LLB (Hons) (Monash); LLM (EMLE); Law Lecturer, USC School of Law (University of the Sunshine Coast, Australia)

Blake Crook
PhD Candidate, Faculty of Law (University of Melbourne, Australia), B.Com (Acc), LLB (Hons) (Sunshine Coast).

Sir Geoffrey Vos
Chancellor of the High Court of England and Wales.
Landmark Rulings

ECJ 14 May 2019, case C-509/17 (Plessers), Transfer of Undertakings, Dismissal/Severance payment

Christa Plessers – v – Prefaco NV, Belgische Staat, Belgian case

Journal European Employment Law Cases, Issue 2 2019
Keywords Transfer of undertakings, Dismissal/severance payment
Abstract

Pending Cases

Case C-675/18, Transfer of Undertakings, Pension

FL – v – TMD Friction EsCo GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 30 October 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-674/18, Transfer of Undertakings, Pension

EM – v – TMD Friction GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 30 October 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-168/18, Insolvency

Pensions-Sicherungs-Verein VVaG – v – Günther Bauer, reference lodged by the Bundesarbeitsgericht (Germany) on 5 March 2018

Journal European Employment Law Cases, Issue 2 2019
Article

Access_open Philosophy and Law in Ancient Rome

Traces of Stoic Syllogisms and Ontology of Language in Proculus’s Jurisprudence

Journal Netherlands Journal of Legal Philosophy, Issue 1 2019
Keywords Stoicism, Roman Law, Theory of Language, Syllogisms, Classical Jurisprudence
Authors Pedro Savaget Nascimento
AbstractAuthor's information

    This paper uses Stoic theory of language to gain more insight into Roman lawyer Proculus’s legal opinions on the meaning and understanding of ambiguous testaments, wills and dowries. After summarizing Stoic theory of language, the paper discusses its reception in Roman jurisprudence and situates Proculus in a Stoic legal/philosophical context. The meat of the article lies in the re-examination of Proculus’s legal opinions on ambiguities in light of Stoic theory of language, through: (1) the analysis of a case demonstrating that Proculus’s embeddedness in Stoic doctrine went beyond his technical competence in propositional syllogisms, going into the territory of Stoic physical materialism and, (2) the investigation of four cases that reveal how his approach to problems of ambiguity in unilateral legal acts converges with the Stoic conception of the parallelism between speech and thought.


Pedro Savaget Nascimento
Pedro Savaget Nascimento holds a PhD in Law and Language from the University of Birmingham (UK) and currently works as Research Designer in Belo Horizonte (Brazil).
Rulings

ECJ 6 September 2018, case C-17/17 (Grenville Hampshire), Insolvency

Grenville Hampshire – v – The Board of the Pension Protection Fund, British case

Journal European Employment Law Cases, Issue 4 2018
Keywords Insolvency
Abstract

    Each ex-employee of an insolvent employer is individually entitled to at least 50% of the pension that s/he would have enjoyed, had no insolvency taken place.

Pending cases

Case C-168/18, Insolvency, Pension

Pensions-Sicherungs-Verein VVaG – v – Günther Bauer, reference lodged by the Bundesarbeitsgericht (Germany) on 5 March 2018

Journal European Employment Law Cases, Issue 4 2018
Rulings

ECJ 28 June 2018, case C-57/17 (Checa Honrado), Insolvency

Eva Soraya Checa Honrado – v – Fondo de Garantía Salarial, Spanish case

Journal European Employment Law Cases, Issue 3 2018
Keywords Insolvency
Abstract

    An employee is entitled to protection against insolvency if s/he is entitled to severance pay on the basis that the employer has changed the workplace, so forcing the employee to choose between relocating and ending the employment relationship - but before paying the severance in full, the employer becomes insolvent.

Article

Victims’ Right to Reparation in Light of Institutional and Financial Challenges

The International Criminal Court and the Reparation for the Victims of the Bogoro Massacre

Journal East European Yearbook on Human Rights, Issue 1 2018
Keywords Bogoro massacre (DRC), International Criminal Court, Katanga case, reparation, victims
Authors Péter Kovács
AbstractAuthor's information

    The aim of the article is the presentation of the recently issued documents – the ‘Order for reparation’ issued by the Trial Chamber II of the ICC and the document called ‘Notification’, recently adopted by the Trust Fund for Victims of the ICC – which are important first and foremost in the reparation procedure of the victims of the Bogoro massacre, subsequent to the case The Prosecutor v. Germain Katanga. Second, these documents will also have a considerable impact on the reparation procedures to be carried out by the ICC in the future. The reader can also see the interactions between classic sources of public international law and those norms which are very difficult to be characterized legally but without a doubt play a very important role during the procedure.


Péter Kovács
Professor of international law at the Péter Pázmány Catholic University, Budapest, and judge of the International Criminal Court (2015-2024).
Editorial

From the Editor

Journal Corporate Mediation Journal, Issue 1 2018
Authors Martin Brink

Martin Brink

Claire Mulder
Law Review

Access_open 2018/1 EELC’s review of the year 2017

Journal European Employment Law Cases, Issue 1 2018
Authors Ruben Houweling, Catherine Barnard, Zef Even e.a.
Abstract

    This is the first time we have produced a review of employment law cases from the previous year, based on analysis by various of our academic board members. But before looking at their findings, we would first like to make some general remarks.


Ruben Houweling

Catherine Barnard

Zef Even

Amber Zwanenburg

Daiva Petrylaitė

Petr Hůrka

Jean-Philippe Lhernould

Erika Kovács

Jan-Pieter Vos

Andrej Poruban

Luca Ratti

Niklas Bruun

Francesca Maffei

Anna Veneziano
Prof. Anna Veneziano, Deputy Secretary-General, International Institute for the Unification of Private Law (Unidroit).

Hamza Hameed
Mr. Hamza Hameed, Legal Consultant, International Institute for the Unification of Private Law (Unidroit).
Article

The Reform and Harmonization of Commercial Laws in the East African Community

Journal European Journal of Law Reform, Issue 4 2017
Keywords law reform, harmonization of laws, commercial laws, legal transplants, East African Community
Authors Agasha Mugasha
AbstractAuthor's information

    The partner states in the East African Community (EAC) have modernized their commercial laws to claim their post-colonial identity and facilitate development. While law reform and the harmonization of laws are both methods of shaping laws, the national law reform programmes in the EAC mainly aim to ensure that the laws reflect the domestic socioeconomic circumstances, in contrast to the harmonization of national commercial laws, which focuses on the attainment of economic development. This article observes that the reformed and harmonized commercial laws in the EAC are mainly legal transplants of the principles of transnational commercial law that have been adapted to meet domestic needs and aspirations.


Agasha Mugasha
Professor of Law, University of Essex; and former Chairperson, Uganda Law Reform Commission 2011-2015.

    A privately operated public bus service was transferred back to the municipality. This constituted the transfer of an undertaking even though the municipality did not buy the buses from the bus operator.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
ECJ Court Watch

ECJ 22 June 2017, case C-126/16 (Smallsteps), Transfer of undertakings

Federatie Nederlandse Vakvereniging and Others – v – Smallsteps BV, Dutch case

Journal European Employment Law Cases, Issue 3 2017
Keywords Transfer of undertakings
Abstract

    A ‘pre-pack’ agreement is outside the scope of Article 5 of the Acquired Rights Directive. In this situation, the protection of workers guaranteed by Articles 3 and 4 of that directive is maintained.

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