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Expedited settlement of commercial disputes in the European Union

05-12-2018

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should ...

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should focus on the enhancement of procedural efficiency, among other things, by taking action to reduce length of procedure. The 2018 European Added Value Assessment (EAVA) suggests that the EU actions to expedite settlement of commercial disputes could generate European added value for the EU economy and businesses in the range of 4.6 to 5.7 billion EUR annually. The European added value can be created through increase in direct contribution of litigation services revenues to the EU economy and through reduction of opportunity costs to business associated with length of judicial proceedings.

A Ten-Year-Long “EU Mediation Paradox”- When an EU Directive Needs To Be More …Directive

21-11-2018

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Awtur estern

Giuseppe De Palo, Professor of Alternative Dispute Resolution Law and Practice at Mitchell Hamline School of Law, St Paul, U.S.A

COLLECTIVE REDRESS IN THE MEMBER STATES OF THE EUROPEAN UNION

03-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised by collective redress: access to justice. This principle, which is essential in a Union enforcing the rule of law, is currently challenged by the existing divergences. As such the creation of harmonised collective redress mechanism is becoming an increasingly pressing matter.

Awtur estern

Rafael AMARO, Associate Professor at the University Paris-Descartes, France Maria José AZAR-BAUD, Associate Professor at Paris-Sud University, France Sabine CORNELOUP, Professor at the University Paris II Panthéon-Assas, France Bénédicte FAUVARQUE-COSSON, Professor at the University Paris II Panthéon-Assas, France Fabienne JAULT-SESEKE, Professor at the University of Versailles-Saint-Quentin-en-Yvelines, France

Building Competence in Commercial Law in the Member States

14-09-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, at the request of the European Parliament's Committee on Legal Affairs (JURI Committee), sheds light on cross-border commercial contracts and their operation in theory and practice. It describes the legal framework in which commercial contracts operate and analyses current commercial practice as regards choice of law and choice of forum. It concludes that the laws and the courts ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, at the request of the European Parliament's Committee on Legal Affairs (JURI Committee), sheds light on cross-border commercial contracts and their operation in theory and practice. It describes the legal framework in which commercial contracts operate and analyses current commercial practice as regards choice of law and choice of forum. It concludes that the laws and the courts of some states are more popular than others and suggests to adopt a bundle of measures that will improve the settlement of international disputes in the EU. Among others, the study suggests to introduce an expedited procedure for cross-border commercial cases and to establish specialized courts or chambers for cross-border commercial matters in each Member State. In addition, the study suggests to establish a European Commercial Court.

Awtur estern

Prof. Dr. Giesela Ruhl

Future trade relations between the EU and the UK: Options after Brexit

16-03-2018

This study analyses the various options for the future trade relations between the EU and the UK, after Brexit. It examines the various models against the canvas of two distinct paradigms: market integration and trade liberalization. It finds that an intermediate model, which would allow for continued convergence and mutual recognition in some sectors/freedoms, but not others, is unavailable and cannot easily be constructed for legal, institutional, and political reasons. The stark choice is between ...

This study analyses the various options for the future trade relations between the EU and the UK, after Brexit. It examines the various models against the canvas of two distinct paradigms: market integration and trade liberalization. It finds that an intermediate model, which would allow for continued convergence and mutual recognition in some sectors/freedoms, but not others, is unavailable and cannot easily be constructed for legal, institutional, and political reasons. The stark choice is between a customs union/free trade agreement, or continued internal market membership through the EEA or an equivalent agreement. The study further analyses the effects of Brexit on the UK’s continued participation in the trade agreements concluded by the EU. Notwithstanding a range of complexities, the study finds that such continued participation is not automatic but subject to negotiation.

Awtur estern

Piet Eeckhout

The EU’s Market Access Strategy: does it reach its main goals?

13-12-2017

The EU Market Access Strategy (MAS) and associated Market Access Partnership (MAP) is a EU trade policy operational instrument designed to identify and remove market access restrictions confronting EU firms in third country export markets. Since the 2008 financial crisis, there has been a steady increase in the number of trade restricting measures imposed by EU trading partners. The MAS is a key tool through which the EU seeks to work with third countries to prevent, remove and reduce market access ...

The EU Market Access Strategy (MAS) and associated Market Access Partnership (MAP) is a EU trade policy operational instrument designed to identify and remove market access restrictions confronting EU firms in third country export markets. Since the 2008 financial crisis, there has been a steady increase in the number of trade restricting measures imposed by EU trading partners. The MAS is a key tool through which the EU seeks to work with third countries to prevent, remove and reduce market access barriers. There is broad support for the MAS among stakeholders who are aware of the mechanism and a virtual consensus that greater emphasis should be given by the European Union to identifying and removing barriers to trade and investment in third countries. Two types of challenges confront the MAS and, as a result, its effectiveness. One centres on the identification of protectionist measures and the ability of the EU to induce policy changes by trading partners. The other is to improve awareness among EU exporters of the existence of the MAP and leveraging the tools that are available to address market access restrictions. The European Parliament can contribute to addressing these challenges by engaging with national parliaments and constituencies on the existence and utility of the MAS and in advocating that market access issues be prioritised in the activities of the European Commission. The European Parliament can also play an increased role in helping to achieve the goals of the MAS and support EU exports by raising market access issues when they engage with third country counterparts.

Awtur estern

Bernard HOEKMAN, Matteo FIORINI, Roberta IGLIOZZI, Naïs RALAISON and Aydin YLDIRIM.

Multilateral court for the settlement of investment disputes

24-11-2017

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above recommendation, submitted on 13 September 2017 and referred to Parliament’s Committee on International Trade. The recommendation aims to pave the way for the creation of a framework for the resolution of international investment disputes. The IA notes that foreign investors and host countries have settled their investment disputes through the Investor-State ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above recommendation, submitted on 13 September 2017 and referred to Parliament’s Committee on International Trade. The recommendation aims to pave the way for the creation of a framework for the resolution of international investment disputes. The IA notes that foreign investors and host countries have settled their investment disputes through the Investor-State Dispute Settlement (ISDS, ad hoc arbitration) since the 1950s. In recent years, concerns have been voiced about the ISDS, in particular in the context of the negotiation processes of the Transatlantic Trade and Investment Partnership (TTIP) (EU-USA) and of the Comprehensive Economic and Trade Agreement (CETA) (EU-Canada). Based on the results of the public consultation carried out in 2014, the European Commission presented a plan in May 2015 to reform the investment resolution system. It comprises, as a first step, an institutionalised court system (Investment Court System, ICS) for future EU trade and investment agreements and, as a second step, the establishment of an ‘international investment Court’. According to the IA report, ‘since 2016 the Commission has actively engaged with a large number of partner countries both at a technical and political level to further the reform of the ISDS system and to build a consensus for the initiative of a permanent multilateral investment Court’ (IA, p. 6). In its resolutions of 8 July 2015 on the Transatlantic Trade and Investment Partnership (TTIP) and of 6 April 2011 on the future European international investment policy, Parliament noted the need to reform the investment dispute settlement mechanism. In its resolution of 5 July 2016 on the future strategy for trade and investment, it supported the aim of creating a ‘multilateral solution to investment disputes’.

The Consequences of Brexit for the Customs Union and the Internal Market Acquis for Goods

15-06-2017

• The consequences of Brexit depend on the model which will be adopted for the future relationship between the EU and the UK. These models should be compared with a respect to a number of different parameters, which are not confined to substantive trade rules but include also questions of legal effect and dispute settlement. • There are very substantial differences between, on the one hand, the EU Membership and EEA models; and on the other the WTO/FTA models. Those differences are focused on the ...

• The consequences of Brexit depend on the model which will be adopted for the future relationship between the EU and the UK. These models should be compared with a respect to a number of different parameters, which are not confined to substantive trade rules but include also questions of legal effect and dispute settlement. • There are very substantial differences between, on the one hand, the EU Membership and EEA models; and on the other the WTO/FTA models. Those differences are focused on the approach to regulatory convergence and to the legal effects of the agreements and their enforcement.

Prospects for a Multilateral Investment Court

14-06-2017

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

Eurasian Economic Union: The rocky road to integration

20-04-2017

Since the 1991 breakup of the Soviet Union, various attempts have been made to re-integrate the economies of its former republics. However, little progress was made until Russia, Belarus and Kazakhstan launched a Customs Union in 2010. In 2015, this was upgraded to a Eurasian Economic Union (EEU). Modelled in part on the EU, this bloc aims to create an EU-style Eurasian internal market, with free movement of goods, services, persons and capital. So far, the EEU's performance has been poor. Trade ...

Since the 1991 breakup of the Soviet Union, various attempts have been made to re-integrate the economies of its former republics. However, little progress was made until Russia, Belarus and Kazakhstan launched a Customs Union in 2010. In 2015, this was upgraded to a Eurasian Economic Union (EEU). Modelled in part on the EU, this bloc aims to create an EU-style Eurasian internal market, with free movement of goods, services, persons and capital. So far, the EEU's performance has been poor. Trade has slumped; this has more to do with Russia's economic downturn than the effects of economic integration, but there are signs that the new bloc is favouring protectionism over openness to global trade, which in the long term could harm competitiveness. Especially following the showdown between the EU and Russia over Ukraine, the EEU is widely seen in the West as a geopolitical instrument to consolidate Russia's post-Soviet sphere of influence. Fear of Russian domination and trade disputes between EEU member states are hindering progress towards the EEU's economic objectives. However, prospects may improve when Russia comes out of recession. The EEU is developing relations with third countries, such as Vietnam, which in 2015 became the first to sign a free-trade agreement with the bloc. For its part, the EU has declined to recognise the EEU as a legitimate partner until Russia meets its commitments under the Minsk agreements to help end the conflict in eastern Ukraine.

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