Monthly Archives: December, 2018

Stavros Brekoulakis, ‘The Historical Treatment of Arbitration under English Law and the Development of the Policy Favouring Arbitration’

Abstract The article examines the judicial attitude and the development of the policy of English law favouring arbitration. It suggests that, contrary to the prevailing narrative in legal literature, English judicial attitudes in the 18th and 19th centuries never reflected a hostility to arbitration. As is demonstrated, a policy favouring arbitration was introduced by the […]

‘The 50th Anniversary of the European Law of Civil Procedure’

“On 27-28 September 2018, the Court of Justice of the European Union and the Max Planck Institute Luxembourg organised an international conference at the premises of the CJEU to commemorate the 50th anniversary of the signing of the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. It brought together […]

Dagan and Heller, ‘Why Autonomy Must Be Contract’s Ultimate Value’

Abstract In ‘The Choice Theory of Contracts’, we develop a liberal theory of contract law. One core task of the book was to persuade advocates of economic analysis that they must situate their enterprise within our liberal framework. Autonomy, rightly understood, is the telos of contract. Oren Bar-Gill pushes back strongly in ‘Choice Theory and […]

‘EU Copyright Reform, Fundamental Rights and Life as CJEU Judge at the ERA Copyright Conference’

“This Kat had the pleasure of attending the ERA annual Conference on EU Copyright Law in Trier on the 22nd and 23rd November. The event involved two days of discussions focused on EU copyright reform as well as the interplay between copyright and fundamental rights from prolific speakers. If you couldn’t make it, here are […]

Patrick Parkinson, ‘Tricked into Marriage’

Abstract Many people, in recent years, have sought a decree of nullity on the basis that they have been tricked into marriage by fraudulent misrepresentations. These applications have routinely failed because the Family Court, applying ancient principles of canon law, has held that fraud is only relevant if it goes to the nature of the […]

Financial Law Amity Symposium: Singapore, 11-12 February 2019

The Centre for Banking & Finance Law (CBFL) at the National University of Singapore will be holding a banking and finance symposium on 11–12 February 2019. Speakers have been drawn from a wide range of jurisdictions, currently including China, Hong Kong, Israel, Korea, Malaysia, Norway, Singapore, South Africa and the UK. They will present recent/current […]

Post-Doctorate Fellowships: ‘Markets, Ethics, and the Law’: Tel Aviv University

The Edmond J Safra Center for Ethics at Tel Aviv University is accepting applications for its 2019-20 post-doctorate fellowship program. The Center offers grants to outstanding researchers who study the ethical, moral, and political aspects of markets, local or global, real or virtual. The Center encourages applications from all disciplines and fields, including economics, social […]

Mary-Elizabeth Tumelty, ‘Calculating the Cost of Medical Negligence Litigation’

Introduction Medical negligence litigation is frequently criticised due to concerns that the traditional adversarial process is financially burdensome. During the height of the ‘medical malpractice crisis’ in the United States in the 1990s, Bovbjerg observed, ‘folklore, anecdote, and stereotypes predominate the tort reform debate … because solid information has been scarce for many years’. Although […]

Keay and Loughrey, ‘The concept of business judgment’

Abstract Categorising something as a business judgment can provide directors with a powerful shield from accountability. It has been said that the courts in England and Wales defer to directors’ business judgments and directors’ decisions are protected from review in other jurisdictions by a business judgment rule. Yet what a business judgment is has never […]

Gürkaynak, Yılmaz, Yeşilaltay and Bengi, ‘Intellectual Property Law and Practice in the Blockchain Realm’

Abstract Blockchain technology is claimed to be and perceived as one of the revolutionary technologies that will have an enormous impact on our lives in the forthcoming years and decades. The legal questions surrounding blockchain appear to be among the most controversial issues surrounding this novel technology, which create uncertainties as to the scope and […]