PAX Moot Court Half-Day Conference: Dispute Resolution in Private International Law

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PAX Moot Court Half-Day Conference: Dispute Resolution in Private International Law
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This is a past event

Half-Day Conference organised by the Centre for Private International Law at the School of Law, University of Aberdeen, in collaboration with the Faculty of Law, University of Ljubljana.

Join us at the PAX Moot Court Half-Day Conference on Dispute Resolution in Private International Law, hosted by the Centre for Private International Law at the School of Law, University of Aberdeen, in collaboration with the Faculty of Law, University of Ljubljana. This insightful event, scheduled for April 26, 2024, from 8:30 to 12:30 CET, promises a stimulating exploration of crucial topics within the realm of private international law.

We are proud to announce our renowned experts in Dispute Resolution and Private International Law who will speak at the event, starting with a keynote address at the Golden Lecture Hall, Faculty of Law, University of Ljubljana, from Professor Ronald A. Brand, Chancellor Mark A. Nordenberg University Professor, and Director of the Center for International Legal Education at the University of Pittsburgh. Professor Marta Pertegás Sender, Visiting Professor at the University of Antwerp and Chair of Private International Law and Transnational Law at the University of Maastricht, will follow with another enlightening keynote.

After a refreshing break at 10:45 CET, the conference will delve into parallel sessions from 11:00 to 12:30 CET. Participants can choose from three streams, each led by distinguished moderators:

Stream 1: Private International Law and Commercial Arbitration

Golden Lecture Hall, Faculty of Law, University of Ljubljana

Moderator: Professor Ronald A. Brand, University of Pittsburgh

Discussants:  

  • Tsvetelina Dimitrova, PhD Private International Law, Partner Georgiev, Todorov & Co 
  • Dora Zgrabljić Rotar, Faculty of Law, University of Zagreb

Arbitration agreements in international commercial contracts generally accompany the choice of law clauses applicable to the substantive contract terms, leaving uncertain whether such a choice of law clause governs questions about the arbitration agreement. The choice of the seat of arbitration – a functional choice of law clause determining the applicable procedural law of arbitration – is sometimes found to choose the substantive law for the arbitration agreement as well. The interplay between various clauses, and international and domestic doctrines often results in disparate legal decisions regarding the material validity of arbitration agreements. The judicial framework for answering this question in the U.K. has been rejected by the Law Commission in a process supporting amendment of the Arbitration Act 1996 to create a default rule that the choice of seat does determine the substantive law applicable to the arbitration agreement. This panel will discuss the question of the law applicable to the arbitration agreement, offering thoughts about what the proper law is and just how the question should be dealt with on a global scale. 

Stream 2: Business and Human Rights Litigation and Private International Law

Blue Lecture Hall, Faculty of Law, University of Ljubljana

Moderator: Dr Uglješa Grušić, Associate Professor, Faculty of Laws, University College London

Discussants:

  • Professor Jachin Van Doninck, Free University of Brussels;
  • Dr Eduardo Alvarez Armas, assistant professor, Universidad Pontificia Comillas;
  • Dr Vesna Lazic, Senior Researcher, Asser Institute

Private international law has the potential to have a significant impact on the access to justice of victims. While bespoke regimes such as the European Corporate Sustainability Due Diligence Directive seek to ensure an appropriate pathway to redress, some questions remain about the role of existing private international law rules in business and human rights litigation. For instance, there is uncertainty about the relationship between rules aimed at protecting the environment and the protection of victims of business-related human rights abuses in private international law. Further, there is an emerging body of literature that explores how private international law could contribute to sustainable development goals, which among other things aim at promoting sustainable consumption and corporate accountability. This panel will take a fresh look at the aforementioned private international law issues relating to transnational business and human rights litigation.

Stream 3: Decolonial Perspectives on Private International Law

Senate Room, Faculty of Law, University of Ljubljana

Moderator: Professor Thalia Kruger, University of Antwerp

Discussants:

  • Dr Robin Cupido, Faculty of Law, University of Cape Town
  • Professor Gyooho Lee, Chung-Ang University School of Law
  • Dr Tena Hoško, Faculty of Law, University of Zagreb
  • Dr Sandrine Brachotte, School of Law, Sciences Po

The panel will explore the influence and presence of colonial thought on and within PIL. It will examine broadly how colonial perspectives are present in the Savignian multilateralism or unilateralism, discuss how colonial thought shaped rules concerning areas such as adoption and cultural property, and explore the potential avenues for reforming such rules. Moreover, the panel will scrutinize the implications of colonial ideology on the pedagogy of PIL and discuss alternative approaches to teaching that avoid perpetuating colonial biases.

Don't miss this opportunity to be part of a cutting-edge discourse on dispute resolution in private international law. Register your interest now and suggest topics or questions you'd like to see addressed. We are committed to incorporating your suggestions to ensure a comprehensive and enriching experience for all participants. See you there!

See Preliminary Schedule here

Dr Nevena Jevremović

Dr Michiel Poesen

Dr Patricia Živković

on behalf of the Centre for Private International Law, University of Aberdeen

Hosted by
Centre for Private International Law
Venue
Faculty of Law, University of Ljubljana
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