Research on Dispute Resolution Clauses by Maryam Salehijam

Maryam Salehijam is a European Law School (Faculty of Law, Maastricht University) alumna who is currently doing her PhD research at the Transnational Law Centre of the University of Ghent under the supervision of Maud Piers. Maryam is undertaking research on the familiarity of legal professionals (including lawyers and third-party neutrals) with dispute resolution clauses which provide for non-binding ADR mechanisms such as mediation and conciliation. Her research focuses on legal professionals from the following jurisdictions: Austria, Australia, England & Wales, Germany, Singapore, the Netherlands, and the United States.

For her research, Maryam is gathering data by means of a short questionnaire which can be accessed here and which Maryam elaborates on below. Should you have any expertise in the relevant jurisdictions and would like to contribute to her research, we kindly invite you to have a look at the questionnaire or contact Maryam directly.

By Maryam Salehijam:

​Call to Participate in a Questionnaire on Dispute Resolution Clauses

There is a lack of clarity regarding the obligations that arise from dispute resolution agreements with a mediation/conciliation component. In order to reduce this uncertainty, a chapter of the BOF funded PhD research of Maryam Salehijam (supervisor: Professor Maud Piers) from the Transnational Law Center at the University of Ghent focuses on the question “What are the parties’ obligations under an ADR agreement?”

To answer this question, the research is divided into two stages: the first stage involves a questionnaire that assesses the familiarity of legal professionals –including lawyers and third-party neutrals- in selected jurisdictions (Austria, Australia, England & Wales, Germany, Singapore, the Netherlands, and the United States) with dispute resolution clauses calling for non-binding ADR mechanisms such as mediation/conciliation. Moreover, the questionnaire provides willing participants the opportunity to copy and paste a model or previously utilized dispute resolution clause. In the second stage, the clauses gathered as well as clauses extracted from other sources will be content coded using the software NVivo in order to determine which obligations tend to be reoccurring in the majority of the clauses under analysis.

The questionnaire targets individuals who have experience with commercial dispute resolution. The participation in the short questionnaire will require minimum effort, as most questions only require a simple mouse-click. Please note that the information entered in the survey is kept anonymous unless indicated to the contrary by the participants. Moreover, as the analysis takes place on an aggregated level, the findings will not disclose personally identifiable information. Accordingly, the information provided will only serve scientific purposes.

To complete the questionnaire, please click here to access the survey. The closing date of the survey is 29th April 2017.

If you wish to provide the model/previously used dispute resolution clauses without completing the questionnaire, please email Maryam Salehijam at maryam.salehijam@ugent.be

Maryam Salehijam

read more

Innovating Private Law: On Law and Technology (Pavia, 8 February)

On 8 February I had the pleasure to accompany Jan Smits for a visit to Pavia, where we gave a presentation titled ‘Innovating Private Law: On Law and Technology’, on the third day of the Innovating Legal Studies and Practice Winter School 2017.

read more

Make the Code Civil great again: M-EPLI Talk with Dr. Matthias Martin – “R.I.P. Cause (1804-2016): A Paradigmatic Shift in the French Law of Obligations”

By William Bull and Tara Benjamin (European Law School Bachelor student)

 

On 9th November 2016, M-EPLI had the pleasure of hosting Dr. Matthias Martin from the Université de Bretagne Sud, who delivered a talk on the recent reforms of the French civil code, and in particular, the ‘death’ of cause in French contract law.

With its proud historical origins rooted in the era of Napoleon Bonaparte, the French Code Civil stands apart from other civil law systems insofar as the law of obligations it embodies has not been the object of any fundamental reforms in the last 200 years. For this reason, the recent reform of the Code Civil (Ordinance 2016-131, February 10 2016) is widely viewed not only as a substantive change but also a symbolic shift in French private law. Although, according to Dr. Martin, the reform does not constitute a full-blown revolution; rather it should be understood as ‘just a revolt.’

read more

Maastricht Private Law Lecture 2017: Prof. dr. Reinhard Zimmermann

zimmerman300x400

The Maastricht Private Law Lecture, hosted by the Maastricht Department of Private Law, is an annual event at which a most distinguished scholar is invited to give a lecture on a topic related to the wide field of private law. The lecture is preceded by an interactive seminar with PhD-researchers.

The 2017 Maastricht Private Law Lecture will be given by Prof. dr. Reinhard Zimmermann  (Director of the Max Planck Institute for Comparative and International Private Law in Hamburg) on 27 January.

read more

Caroline Cauffman at the European Consumer Summit 2016

screen-shot-2016-10-18-at-21-22-17

This year’s Summit is entirely dedicated to the fitness check of EU consumer and marketing law in the framework of Regulatory Fitness and Performance Programme (REFIT). ‘Fitness Check’ is a comprehensive policy evaluation aimed at assessing whether the regulatory framework for a particular policy sector is ‘fit for purpose’.

Consumer policy represents one of the most significate achievements of EU single market and makes a tangible difference in the lives of the European citizens. EU consumer and marketing law guarantees a high level of consumer protection and facilitates cross-border trade in goods and services.

The Fitness Check’s objective is to evaluate the functioning of the existing rules and to identify the needs for modernisation, so that EU citizens continue to benefit of a high level of consumer protection and at the same time economic operators, especially SMEs have a clear and fair level-playing field.

During the Summit, we will discuss in particular issues around consumer information requirements, the fairness of commercial practices and of contractual terms and ways to enhance the effectiveness of the injunction procedure. Representatives of national authorities, European institutions, consumer organisations, businesses as well as academics will be invited to contribute to the discussions, which will feed into the Commission’s examination. A number of prominent speakers have already confirmed participation.

Over the years, the European Consumer Summit has become a valuable occasion to increase awareness concerning consumer policy and a key tool to mainstream consumer interests in key EU policies.

European Commission
Directorate General for Justice & Consumers

The European Consumer Summit 2016 highlighted the need for better enforcement of the EU consumer protection rules. The results of the workshop that aimed at formulating concrete proposals for enhancing the effectiveness of the injunctions procedure were presented by our own Caroline Cauffman: https://webcast.ec.europa.eu/european-consumer-summit# (as of 16:13).

read more

‘The Prism Effect’ of European Jurisdictions (Al. I. Cuza University, Iasi, Romania, 21 October 2016)

afis_engleza3_jpg

On 21 October 2016, the Robertianum Private Law Center at the Alexandru Ioan Cuza University (Iasi, Romania) will be holding its national conference on ‘The Prism Effect’ of European Jurisdictions. The theme of the conference reflects the role of the European judge in the interpretation of the law, as well as the different methodologies applied by the European judge in the process.

Mihai Sandru and Catalina Goanta will present, also on behalf of their collaborator Dragos Calin, a preliminary research framework for the study of unfair contract terms in Romanian law. This project builds on the existing expertise of the Romanian Association of Law and European Affairs together with the Judge Forum Association Romania as well as The Center for European Law Studies of the Romanian Academy. Within the ambit of this collaboration, a lot of effort has already been dedicated to the mapping of preliminary questions sent by Romanian national judges to the Court of Justice (here you can find an overview of these questions – Romanian only).

read more