International Courts and their Role in Dispute Resolution
Date: 13-14 Nov 2024
Venue: Luxembourg
“International Courts and their Role in Dispute Resolution”
As always, it will be fun and interesting at the same time!
November 13
Please be informed that you will be staying at the 5-star hotel 'Le Royal,' 12 Bd Royal, 2449 Ville-Haute Luxembourg located in the heart of Luxembourg City. This will make it very convenient for you to access the EU Court, Tribunal, and Stibbe's offices in Luxembourg. (For your information, public transport in Luxembourg is free.) Please note that you can check in at the hotel from 3:00 PM, and the hotel is accessible 24/7
Dinner at the Munster Club, 5-7 rue Münster, 2160 Grund Luxembourg
The registration fee for the dinner is 150€, which will be collected later. The rest of the event is free.
Feel free to contact Joé Brink (joe.brink@stibbe.com) or Mireille Dallmann (mireille.dallmann@stibbe.com) if you have any dietary requirements (allergies, vegetarian, vegan, etc.).
November 14 from 8:00am
Visit of the EU Court 45, boulevard Konrad Adenauer L-2950 Luxembourg and Tribunal Cité judiciaire L-2080 Luxembourg Luxembourg with a personal talk by one of its senior members. We have also been assured that that day will be a good day in terms of interesting court sessions. That is a very unique opportunity for all of us.
VERY IMPORTANT: The visit of the court is limited to 35 people, if you are interested, please register now as we need to operate on a first registered first served basis. REGISTER through this page, at the top right button.
Lunch will be at Stibbe’s offices in Luxembourg
Mireille and Joé will be in charge of the lunch at Stibbe's offices in Luxembourg, located at 26 Bd Friedrich Wilhelm Raiffeisen, 2411 Gasperich, Luxembourg. They will take into account the dietary requirements you have shared with them.
November 14 in the afternoon at Stibbe Luxembourg
Two panels, supported by the IPBA Dispute Resolution & Arbitration Committee, followed by drinks. There is no limit to the number of participants.
2:30 – 3:30pm Panel 1
The quest for predominance: European litigation after Brexit
Brexit has introduced complexities and uncertainties into European litigation practices, particularly regarding jurisdiction, enforcement of judgments, and the alignment of legal standards between the UK and the EU. The Brussels I Recast Regulation, which facilitated the mutual recognition and enforcement of judgments across EU member states, is no longer applicable in the UK. Instead, the UK has reverted to older conventions like the Hague Convention on Choice of Court Agreements. At the same time, the UK might benefit from a competitive advantage, being able to return to anti-suit injunctions in a European context and acting as an enforcement “safe haven” in intra-EU investment disputes. The panel will assess the new complexities and debate whether Brexit has been a boon or bane for UK and European litigation.
Panellists
- Nicholas Peacock – Independent (Moderator) England and Wales
- Estelle Brisson – Arendt, Luxembourg
- Joe Tirado – Garrigues, England and Wales
- Deirdre O'Donovan – William Fry, Ireland
3:30pm – 4:00pm Coffee break
4:00 – 5:30pm Panel 2
The quest for supremacy: EU Courts and Investor- State Arbitration
This panel will address how the CJEU’s jurisprudence – as implemented by EU authorities and courts of EU Member States – has affected investor-state arbitration in so-called “intra-EU” cases. The discussion will start from the CJEU’s Achmea judgment and inquire whether EU Law should be accorded primacy over public international law – and if so, what it means for investor- state arbitrations playing out in the EU. The panel will canvass latest developments, such as EU Member States denying arbitral jurisdiction to ICSID tribunals, US and UK courts grappling with the enforcement of intra-EU arbitral awards, and the EU Commission using the EU subsidies’ regime and Member States anti-enforcement injunctions to stall the enforcement of intra-EU awards.
Panellists
Mariel Dimsey – CMS (Moderator) Germany and Hong Kong
- Elisabeth Omes – Elvinger Hoss, Luxembourg
- Jean-Claude Beaujour – Harlay Avocats, France
- Katrien Baetens – Linklaters, Luxembourg
- Hans Van Houtte – Independent, Belgium
What's not to like?
We are looking forward to spend that day together with you in Luxembourg.
Best regards,
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| Jan Peeters Deputy Secretary-General |
Frédérique David At-Large Council Member for Europe |
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