- THE CCIP S PROPOSALS -
|
|
- Sandra Davidson
- 6 years ago
- Views:
Transcription
1 European Small Claims Procedure Author : Francine Orsal THE CCIP S PROPOSALS - PROPOSAL 1 Encourage carrying out an impact study in order to analyse the real scale of what is at stake and the consequences, within Member States and EU-wide, if this Proposal for a Regulation establishing a European Small Claims Procedure is adopted. PROPOSAL 2 If the scope of application of the Community instrument is limited to cross-border cases, allow, at the very least, each Member State to decide whether it is opportune to extend the scope of the future European regulation to cover its own national cases. PROPOSAL 3 In the case of complex cases and, in particular, when referral to an expert is required allow the judge the possibility of abandoning, on his own initiative or at the request of the parties, simplified European procedure and implementing ordinary procedure. To this end, a Paragraph 6 could be added after Article 3 (5) of the Proposal for a Regulation: 6. The court or tribunal may, if the complexity of the case makes this necessary, abandon the simplified procedure and follow the procedural law applicable in the Member State in which the procedure is conducted. It shall take into account, in particular, the observations or requests of the parties to this effect as well as any referrals to experts if these are essential to its decision.
2 2 PROPOSAL 4! In order to guarantee the usefulness of the European Small Claims Procedure, raise the ceiling for the value defining admissible claims to EUR 4000 instead of EUR Article 2 (1) of the Proposal for a Regulation should therefore read as follows: This Regulation shall apply in civil and commercial matters, whatever the nature of the court or tribunal, where the total value of a monetary or non-monetary claim excluding interests, expenses and outlays does not exceed EUR at the time the procedure is commenced. It shall not apply, in particular, to revenue, customs or administrative matters.! Make the value ceiling applicable to counterclaims also: if this amount is exceeded the dispute will automatically be subject to ordinary procedure, unless the parties agree to continue under the simplified procedure. To this end, Article 4 (6) could be amended as follows: If the total value of the counterclaim exceeds the amount set out in Article 2 (1), the dispute shall automatically be subject to the legal procedure applicable in the Member State where the proceedings are held, unless the parties agree to continue under the European Small Claims Procedure. In this case, the court or tribunal shall verify that the counterclaim arises from the same legal relationship as the claim. PROPOSAL 5 In order to prevent any misuse of the envisaged Community instrument, with the sole aim of benefiting from the simplification it offers for engaging procedures, require the applicant, where their claim does not fall within the scope of the European Small Claims Procedure, to introduce a new ordinary procedure. In order to meet this objective, an amendment to Article 3 (5) of the Proposal for a Regulation could be proposed as follows: 5. Where a claim form does not relate to an action within the scope of the Regulation as set out in Article 2, the court or tribunal shall so inform the claimant and invite the
3 3 claimant to introduce a new procedure in accordance with procedural law applicable to the claim in the Member State concerned. PROPOSAL 6 In order to facilitate access to the European Small Claims Procedure, make the claims forms available electronically, in particular on the official internet sites of the Member States. To this end, Article 3 (7) could be modified as follows: 7. Member States shall ensure that the claim form is available at all courts or tribunals at which the European Small Claims Procedure can be commenced and that it can be accessed electronically. PROPOSAL 7! In order to guarantee greater legal security, only allow registered letters with acknowledgement of receipt, in paper or in electronic format, to be used for serving documents. In this way it would be possible both to avoid unregistered letters that do not provide proof of receipt of the procedure by the defendant and to ensure the certainty of the starting date of the one month period for the defendant s response. To this end, Paragraphs 1 and 2 of Article 11 could be joined together in a single paragraph drafted as follows: 1. Documents shall be served on the parties by registered letter with acknowledgement of receipt, respecting any additional conditions provided for in Article 14 1 of Regulation (EC) No 1348/2000, and having regard to Article 8 2 thereof. They may also be served electronically if their certification is sufficiently guaranteed. Furthermore, Article 16 could be modified as follows: 1 Measures necessary for the implementation of this Regulation. 2 To secure the effectiveness of this Regulation, the possibility of refusing service of documents is confined to exceptional situations.
4 4 Provided that he acts promptly, the defendant shall be entitled to apply for a review of the judgment rendered in a European Small Claims procedure, under the conditions established by the law of the Member State in which the judgment has been rendered and communicated to the Commission pursuant to Articles 19 and 30 of Regulation (EC) No 805/2004, where: (a) (i) the claim form or the summons to a hearing were served by a method without proof of receipt by him personally; and (ii) service was not effected in sufficient time or in such a way as to enable him to arrange for his defence without any fault on his part, or (b) the defendant was prevented from objecting to the claim by reason of force majeure, or due to extraordinary circumstances without any fault on his part.! Insert in the preamble of the Proposal for a Regulation a recommendation to the effect that when acts are served they should be accompanied by a brief description of the procedure in order to inform the defendant. PROPOSAL 8 Concerning representation of the parties, require an express mandate and delete all references to other authorization in writing from that party. The following amendment could be proposed for Article 6 (2): If a party does not attend the hearing and another person represents that party, the court or tribunal may ask that person to present a mandate or other authorization in writing from that party, if this is required by the procedural law applicable in the Member State in which the procedure is conducted. PROPOSAL 9 In order to respect the principles of subsidiarity and proportionality, the ways in which the claimant may be assisted in procedural matters should be left up to Member State jurisdiction. To this end, Article 3 (7) could specify as follows:
5 5 7. Member States shall ensure that the claim form is available at all courts or tribunals at which the European Small Claims Procedure can be commenced, or accessible electronically (cf. proposal No 5), and that practical assistance is available at all such courts or tribunals to assist claimants to complete the form. PROPOSAL 10 Since this procedure concerns small claims it should promote the use of mediation which allows the cost of dispute settlement to be reduced, especially when carried out electronically. Therefore it should foresee that the judge in addition to his or her role as conciliator endeavouring to lead the parties towards a transaction should systematically propose that the parties have recourse, if they so wish, to mediation procedures. In the light of this, Article 9 (4) could be replaced by the following wording: The court or tribunal shall seek to reach a settlement between the parties, where appropriate through legal conciliation and, in all circumstances, by informing them of the possibility of settling their dispute through mediation. PROPOSAL 11 Assess whether to hear expert witnesses when obtaining proof for deciding whether the simplified procedure is appropriate or whether to shift to ordinary procedure. To this end, Article 7 (2) could be modified as follows: In exceptional circumstances, and subject to Article 3 (6), the court or tribunal may receive evidence of expert witnesses if it is indispensable for the judgement. PROPOSAL 12 The question of reimbursing procedural costs should be left up to Member States. At the very least, if these provisions are maintained in the future Regulation, the benefit of exemption from having to reimburse the legal fees of the other party
6 6 should be extended to corporations. This could be achieved by proposing the following amendment to Article 14: 1. The unsuccessful party shall bear the costs of the proceedings, except where this would be unfair or unreasonable. In that case, the court or tribunal shall make any order for payment of expenses on an equitable basis. 2. When the unsuccessful party is a natural person and is not represented by a lawyer or another legal professional, he shall not be obliged to reimburse the fees of a lawyer or another legal professional of the other party. PROPOSAL 13 Given that it is necessary both to accelerate the settlement of small claims and also to limit distortions of competition within the internal market, the wording of the Regulation should exclude any rights of appeal both uniformly and directly. To this end, reword Article 15 of the Proposal for a Regulation as follows: There shall be no appeal or cassation against a judgement rendered in a European Small Claims Procedure. In consequence, the first sentence of Article 13 should be adjusted as follows: The judgement shall be immediately enforceable, notwithstanding any possible appeal. ( ).
Annex to the : establishing a European Small Claims Procedure
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 15.3.2005 SEC(2005) 352 COMMISSION STAFF WORKING DOCUMENT Annex to the : Regulation of the European Parliament and of the Council establishing a European
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 15.3.2005 COM(2005) 87 final 2005/0020 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Small Claims
More informationThe European Small Claims procedure in Luxembourg
The European Small Claims procedure in Luxembourg Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure. Summary of the
More informationThe European Small Claims procedure in the Netherlands
The European Small Claims procedure in the Netherlands Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure. Summary
More informationThe European Small Claims procedure in Belgium
The European Small Claims procedure in Belgium Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure. Summary of the objectives
More informationCIArb/IMPRESS ARBITRATION SCHEME RULES ( the Rules ) FOR USE IN ENGLAND & WALES
CIArb/IMPRESS ARBITRATION SCHEME RULES ( the Rules ) FOR USE IN ENGLAND & WALES 1 CIArb/IMPRESS ARBITRATION SCHEME RULES ( the Rules ) FOR USE IN ENGLAND & WALES Where any claim is referred for arbitration
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11.6.2003 COM (2003) 341 final 2002/0090 (COD) Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL creating a European enforcement
More informationNATIONAL REPORT - CZECH REPUBLIC - JUDr. Petr Lavický, Ph.D, Masaryk University
NATIONAL REPORT - CZECH REPUBLIC - JUDr. Petr Lavický, Ph.D, Masaryk University GENERAL OVERVIEW Court jurisdiction and different types of litigation for debt collection National summary procedures for
More informationADR INSTITUTE OF CANADA, INC. ADRIC ARBITRATION RULES I. MODEL DISPUTE RESOLUTION CLAUSE
ADR INSTITUTE OF CANADA, INC. ADRIC ARBITRATION RULES I. MODEL DISPUTE RESOLUTION CLAUSE Parties who agree to arbitrate under the Rules may use the following clause in their agreement: ADRIC Arbitration
More informationBERMUDA LABOUR RELATIONS ACT : 15
QUO FA T A F U E R N T BERMUDA LABOUR RELATIONS ACT 1975 1975 : 15 TABLE OF CONTENTS 1 2 3 4 5 5A 5B 5C 5D 5E 5F 5G 5H 5I 5J 5K 5L 5M 5N 5O 5P Interpretation Application of Act PART I PART II ARBITRATION,
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 6.3.2007 COM(2007) 90 final 2007/0037 (COD) C6-0086/07 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation No 11
More informationEUROPEAN UNION. Brussels, 22 May 2007 (OR. en) 2005/0020 (COD) PE-CONS 3604/07 JUSTCIV 32 CODEC 124
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 22 May 2007 (OR. en) 2005/0020 (COD) PE-CONS 3604/07 JUSTCIV 32 CODEC 124 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: REGULATION OF THE EUROPEAN
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EN EN EN EUROPEAN COMMISSION Brussels, 30.9.2010 COM(2010) 537 final 2010/0266 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1698/2005
More informationDUBAI REAL ESTATE LEGISLATION
DUBAI REAL ESTATE LEGISLATION Decree No. (26) of 2013 Concerning the Rent Disputes Settlement Centre in the Emirate of Dubai 1 Decree No. (26) of 2013 Concerning the Rent Disputes Settlement Centre in
More informationTHE EUROPEAN SMALL CLAIMS PROCEDURE
THE EUROPEAN SMALL CLAIMS PROCEDURE International cooperation in civil matters Team Poland National School of Judiciary and Public Prosecution Ada Szczepankowska Marika Walczak Łukasz Szyszka INTRODUCTION
More informationTHE SMALL CLAIMS COURT BILL, 2007
Small Claims Courts Bill, 2007 Section THE SMALL CLAIMS COURT BILL, 2007 ARRANGEMENT OF CLAUSES PART 1 - PRELIMINARY 1 - Short title and commencement 2 - Purpose 3 - Interpretation PART II ESTABLISHMENT
More informationBERMUDA 2004 : 32 OMBUDSMAN ACT 2004
BERMUDA 2004 : 32 OMBUDSMAN ACT 2004 Date of Assent: 17 December 2004 Operative Date: 1 May 2005 1 Short title 2 Interpretation 3 Application of the Act 4 Office of Ombudsman 5 Functions and jurisdiction
More informationSTATEMENT OF THE COUNCIL'S REASONS
COUNCIL OF THE EUROPEAN UNION Brussels, 5 December 2003 (OR. fr) Interinstitutional File: 2001/0111 (COD) 13263/3/03 REV 3 ADD 1 MI 235 JAI 285 SOC 385 CODEC 1308 OC 616 STATEMT OF THE COUNCIL'S REASONS
More informationDispute Resolution Around the World. Poland
Dispute Resolution Around the World Poland Dispute Resolution Around the World Poland 2011 Dispute Resolution Around the World Poland Table of Contents 1. Legal System... 1 2. The Courts... 1 3. Legal
More informationRules of Procedure ( Rules ) of the Unified Patent Court
18 th draft of 19 October 2015 Rules of Procedure ( Rules ) of the Unified Patent Court Preliminary set of provisions for the Status 1. First draft dated 29 May 2009 Discussed in expert meetings on 5 June
More informationto improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes
Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes THE COUNCIL OF THE EUROPEAN
More informationOfficial Journal of the European Union
27.3.2015 L 83/11 REGULATION (EU) 2015/477 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 11 March 2015 on measures that the Union may take in relation to the combined effect of anti-dumping or anti-subsidy
More informationICC Rules of Conciliation and Arbitration 1975
ICC Rules of Conciliation and Arbitration 1975 (in force as from 1st June 1975) Optional Conciliation Article 1 (ADMINISTRATIVE COMMISSION FOR CONCILIATION. CONCILIATION COMMITTEES) 1. Any business dispute
More informationPreliminary set of provisions for the Rules of Procedure ( Rules ) of the Unified Patent Court
15 th 16 th draft of 31 st May 2013 Of 31 January 2014 17 th draft Of 31 October 2014 Preliminary set of provisions for the Rules of Procedure ( Rules ) of the Unified Patent Court Status 1. First draft
More informationCOPYRIGHT 2009 THE LAW PROFESSOR
CIVIL PROCEDURE SHOPPING LIST OF ISSUES FOR CIVIL PROCEDURE Professor Gould s Shopping List for Civil Procedure. 1. Pleadings. 2. Personal Jurisdiction. 3. Subject Matter Jurisdiction. 4. Amended Pleadings.
More informationCONSULTANCY SERVICES AGREEMENT
DATED 2010 [INSERT NAME OF CUSTOMER] (Customer) CAVALLINO HOLDINGS PTY LIMITED ACN 136 816 656 ATF THE DAYTONA DISCRETIONARY TRUST T/A INSIGHT ACUMEN (Consultant) CONSULTANCY SERVICES AGREEMENT Suite 5,
More informationCHAPTER 9 INVESTMENT. Section A
CHAPTER 9 INVESTMENT Section A Article 9.1: Definitions For the purposes of this Chapter: Centre means the International Centre for Settlement of Investment Disputes (ICSID) established by the ICSID Convention;
More informationGovernment Gazette REPUBLIC OF SOUTH AFRICA
Government Gazette REPUBLIC OF SOUTH AFRICA Vol. Cape Town 28 August 09 No. 3233 THE PRESIDENCY No. 87 28 August 09 It is hereby notified that the President has assented to the following Act, which is
More informationSEMINOLE TRIBE OF FLORIDA
SEMINOLE TRIBE OF FLORIDA Tribal Court Small Claims Rules of Procedure Table of Contents RULE 7.010. TITLE AND SCOPE... 3 RULE 7.020. APPLICABILITY OF RULES OF CIVIL PROCEDURE... 3 RULE 7.040. CLERICAL
More information(3) Any written inquiry concerning the case, including submission of a defence, must be made via the case portal of the Complaints Board.
RULES OF PROCEDURE laid down by the Complaints Board for Domain Names in accordance with clause 3 of the regulations of the Complaints Board for Domain Names; see Danish Act No. 164 of 26 February 2014
More informationINVENTORY OF CASEFLOW MANAGEMENT PRACTICES IN EUROPEAN CIVIL PROCEEDINGS. Legislative measures for timeliness in civil proceedings
INVENTORY OF CASEFLOW MANAGEMENT PRACTICES IN EUROPEAN CIVIL PROCEEDINGS Legislative measures for timeliness in civil proceedings Content: Czech Republic... 3 Rules enhancing efficiency... 3 Preventing
More informationCLASS PROCEEDINGS ACT
Province of Alberta Statutes of Alberta, Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza 10611-98 Avenue Edmonton,
More information(2002/309/EC, Euratom)
Agreement between the European Community and the Swiss Confederation on Air Transport 144 Agreed by decision of the Council and of the Commission of 4 April 2002 (2002/309/EC, Euratom) THE SWISS CONFEDERATION
More informationThe Civil Procedure (Amendment) Rules 2013
STATUTORY INSTRUMENTS 2013 No. 262 (L. 1) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURTS, ENGLAND AND WALES The Civil Procedure (Amendment) Rules 2013 Made - - - - 31st January 2013 Laid before Parliament
More informationVIRGIN ISLANDS EASTERN CARIBBEAN SUPREME COURT CIVIL PROCEDURE RULES (APPLICATION TO THE VIRGIN ISLANDS) (AMENDMENT) ORDER, 2009
VIRGIN ISLANDS EASTERN CARIBBEAN SUPREME COURT CIVIL PROCEDURE RULES (APPLICATION TO THE VIRGIN ISLANDS) (AMENDMENT) ORDER, 2009 ARRANGEMENT OF SECTIONS Section 1. Citation. 2. Interpretation. 3. Amendment
More informationSAINT VINCENT AND THE GRENADINES ELECTRONIC EVIDENCE ACT, 2004 ARRANGEMENT OF SECTIONS SECTION 1. Short title and commencement 2. Interpretation 3.
SAINT VINCENT AND THE GRENADINES ELECTRONIC EVIDENCE ACT, 2004 ARRANGEMENT OF SECTIONS SECTION 1. Short title and commencement 2. Interpretation 3. General admissability 4. Scope of Act 5. Authentication
More informationNational Cooperative Research and Production Act of ~ as amended on June 22, 2004 by the ~
4301. Definitions National Cooperative Research and Production Act of 1993 ~ as amended on June 22, 2004 by the ~ Standards Development Organization Advancement Act of 2004 (a) For purposes of this chapter:
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System
EUROPEAN COMMISSION Brussels, 6.4.2016 COM(2016) 196 final 2016/0105 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/399 as regards the use of
More informationPreliminary set of provisions for the Rules of procedure of the Unified Patent Court
27 January 2012 Preliminary set of provisions for the Rules of procedure of the Unified Patent Court Status 1. First draft dated 29 May 2009 discussed in expert meetings on 5 June and 19 June 2009 2. Second
More informationMaking a cross border claim in the EU
EX725 Making a cross border claim in the EU Using the European Order for Payment Procedure or European Small Claims Procedure Where should I issue my claim? Before considering suing another person or body
More informationThe Unitary Patent and UPC is coming soon?
The Unitary Patent and UPC is coming soon? The Unitary Patent and UPC is coming soon? Margot Fröhlinger 3 Judge Marie Courboulay 4 Judge Dr. Klaus Grabinski 5 Judge Richard Hacon 6 Law and rules UPC Agreement
More informationTHE COURTS ACT. Rules made by the Chief Justice, after consultation with the Rules Committee and the Judges, under section 198 of the Courts Act
THE COURTS ACT Rules made by the Chief Justice, after consultation with the Rules Committee and the Judges, under section 198 of the Courts Act 1. Title These rules may be cited as the Supreme Court (International
More informationTHE LMAA SMALL CLAIMS PROCEDURE
THE LONDON MARITIME ARBITRATORS ASSOCIATION THE LMAA SMALL CLAIMS PROCEDURE and COMMENTARY (Revised 1st January 2006) 1. INTRODUCTION THE LMAA SMALL CLAIMS PROCEDURE These provisions shall be known as
More informationOfficial Journal of the European Union. (Acts whose publication is obligatory)
6.4.2004 L 100/1 I (Acts whose publication is obligatory) REGULATION (EC) No 631/2004 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 31 March 2004 amending Council Regulation (EEC) No 1408/71 on the application
More informationKey International Arbitration Rules
3 AKIN GUMP STRAUSS HAUER & FELD Location New York with regional centres in Bahrain, Mexico City and Singapore Key USA Europe Far East Middle East California with international headquarters in London LCIA
More informationDispute Resolution Around the World. Italy
Dispute Resolution Around the World Italy 2011 Dispute Resolution Around the World Italy Dispute Resolution Around the World Italy Table of Contents 1. Legal System... 1 2. Courts... 1 3. Legal Profession...
More informationHappy Delay General Terms and Conditions Version: February 9, 2019
Happy Delay General Terms and Conditions Version: February 9, 2019 Index Article 1 - Definitions Article 2 - Scope of application Article 3 - Offer by Happy Delay Article 4 - Claim Sale Agreement Article
More informationNORWEGIAN ANTI-DOPING PROVISIONS. In-house translation
NORWEGIAN ANTI-DOPING PROVISIONS In-house translation Chapter 12 Doping Provisions (1) The control and prosecuting authority in doping cases is assigned to the Foundation Anti-Doping Norway (Anti-Doping
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 19.11.2013 COM(2013) 794 final 2013/0403 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 861/2007 of the European
More informationJURISDICTION OF REGIONAL COURTS AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA JURISDICTION OF REGIONAL COURTS AMENDMENT BILL (As introduced in the National Assembly (proposed section 7); explanatory summary of bill published in Government Gazette No. 30399
More informationOfficial Journal of the European Union L 84/1 REGULATIONS
31.3.2009 Official Journal of the European Union L 84/1 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 260/2009 of 26 February
More informationL 172/4 EN Official Journal of the European Union
L 172/4 EN Official Journal of the European Union 5.7.2005 COMMISSION REGULATION (EC) No 1041/2005 of 29 June 2005 amending Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the
More informationAim is to simplify and update EU public procurement rules
New EU Directives Richard Heath, Associate New EU Directives One of a package of 3 Directives Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession
More informationOfficial Journal of the European Union L 94/375
28.3.2014 Official Journal of the European Union L 94/375 DIRECTIVE 2014/36/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on the conditions of entry and stay of third-country nationals
More informationTHE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2015
1 AS INTRODUCED IN LOK SABHA Bill No. 252 of 2015. THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2015 A BILL to amend the Arbitration and Conciliation Act, 1996. BE it enacted by Parliament in the
More information3. The attention of Convention members is drawn in particular to the following amendments proposed by the Praesidium:
THE EUROPEAN CONVENTION THE SECRETARIAT Brussels, 12 May 2003 (15.05) (OR. fr) CONV 734/03 COVER NOTE from : to: Subject : Praesidium Convention Articles on the Court of Justice and the High Court 1. Members
More informationWIPO WORLD INTELLECTUAL PROPERTY ORGANISATION ARBITRATION RULES
APPENDIX 3.17 WIPO WORLD INTELLECTUAL PROPERTY ORGANISATION ARBITRATION RULES (as from 1 October 2002) I. GENERAL PROVISIONS Abbreviated Expressions Article 1 In these Rules: Arbitration Agreement means
More informationFLORIDA STATE LODGE FRATERNAL ORDER OF POLICE, INC.
FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE, INC. LEGAL DEFENSE BENEFIT Terms and Conditions Manual Adopted June 23, 1995 (Revised September 2002, February 2011 and October 2016) A. ESTABLISHMENT OF
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 21.6.2012 COM(2012) 332 final 2012/0162 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1005/2008 establishing
More informationRULES FOR EXPEDITED ARBITRATIONS
2017 RULES FOR EXPEDITED ARBITRATIONS MODEL ARBITRATION CLAUSE Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall
More informationOfficial Journal of the European Union L 347/865
20.12.2013 Official Journal of the European Union L 347/865 REGULATION (EU) No 1310/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013 laying down certain transitional provisions on
More informationANNEX V PROCEDURAL RULES ON CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND (EDF)
ANNEX V PROCEDURAL RULES ON CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND (EDF) I. INTRODUCTION Article 1 - Scope of application. Article 2 - Definitions. Article
More information(12) Environmental information which is physically held by other bodies on behalf of public authorities should also fall within the scope of this
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC Official Journal L 041, 14/02/2003
More information134/2016 Coll. ACT BOOK ONE GENERAL PROVISIONS
134/2016 Coll. ACT of 19 April 2016 on Public Procurement the Parliament has adopted the following Act of the Czech Republic: BOOK ONE GENERAL PROVISIONS TITLE I BASIC PROVISIONS Section 1 Scope of regulation
More informationCommercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)
Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) Rules Amended and Effective October 1, 2013 Fee Schedule Amended and Effective June 1,
More informationICDR/AAA EU-U.S. Privacy Shield Annex I Arbitration Rules
ICDR/AAA EU-U.S. Privacy Shield Annex I Arbitration Rules Effective as of September 15, 2017 THE EU-U.S. PRIVACY SHIELD ANNEX I BINDING ARBITRATION PROGRAM These Rules govern arbitrations that take place
More informationQUESTIONNAIRE SEMINAR SEPTEMBER 23 th, 2014
ASSOCIATION INTERNATIONALE DES HAUTES JURIDICTIONS ADMINISTRATIVES INTERNATIONAL ASSOCIATION OF SUPREME ADMINISTRATIVE JURISDICTIONS QUESTIONNAIRE SEMINAR SEPTEMBER 23 th, 2014 HOW TO REDUCE THE JUDGMENT
More informationArbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania
Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania adopted by the Board of the Court of International Commercial Arbitration in force
More informationRULES OF THE INDEPENDENT ARBITRATION SCHEME FOR THE GLASS & GLAZING INDUSTRY September 2015 Edition
RULES OF THE INDEPENDENT ARBITRATION SCHEME FOR THE GLASS & GLAZING INDUSTRY September 2015 Edition 1. Introduction 1.1. This Scheme applies to applications for arbitration made to the Centre for Effective
More informationGeneral Synod Episcopal Standards (Child Protection) Canon 2017 Adopting Ordinance 2017
General Synod Episcopal Standards (Child Protection) Canon 2017 Adopting Ordinance 2017 (Reprinted under the Interpretation Ordinance 1985.) Clause Table of Provisions 1....................... Name 2.......................
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 18.3.2016 COM(2016) 156 final 2016/0085 (NLE) Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, regarding draft Decision No 1/2016
More informationWIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules and Clauses. Alternative Dispute Resolution
WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules and Clauses Alternative Dispute Resolution 2016 WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination
More informationOMBUDSMAN BILL, 2017
Arrangement of Sections Section PART I - PRELIMINARY 3 1. Short title...3 2. Interpretation...3 3. Application of Act...4 PART II OFFICE OF OMBUDSMAN 5 ESTABLISHMENT AND FUNCTIONS OF OFFICE OF OMBUDSMAN
More informationEMPLOYMENT AND DISCRIMINATION TRIBUNAL (PROCEDURE) ORDER 2016
Arrangement EMPLOYMENT AND DISCRIMINATION TRIBUNAL (PROCEDURE) ORDER 2016 Arrangement Article PART 1 3 INTRODUCTORY AND GENERAL 3 1 Interpretation... 3 2 Overriding objective... 4 3 Time... 5 PART 2 5
More informationPART 8 ARBITRATION REGULATIONS CONTENTS
PART 8 ARBITRATION REGULATIONS * CONTENTS Section Page 1 Definitions and Interpretations 8-1 2 Commencement 8-2 3 Appointment of Tribunal 8-3 4 Procedure 8-5 5 Notices and Communications 8-5 6 Submission
More informationCONSOLIDATED ACT ON THE PROTECTION OF COMPETITION
CONSOLIDATED ACT ON THE PROTECTION OF COMPETITION A C T No. 143/2001 Coll. of 4 April 2001 on the Protection of Competition and on Amendment to Certain Acts (Act on the Protection of Competition) as amended
More informationCouncil of the European Union Brussels, 22 January 2016 (OR. en)
Council of the European Union Brussels, 22 January 2016 (OR. en) Interinstitutional File: 2013/0407 (COD) 5264/16 INFORMATION NOTE From: To: Subject: General Secretariat of the Council CODEC 33 DROIPEN
More informationINTERNATIONAL DISPUTE RESOLUTION PROCEDURES
INTERNATIONAL DISPUTE RESOLUTION PROCEDURES (Including Mediation and Arbitration Rules) Rules Amended and Effective June 1, 2014 available online at icdr.org Table of Contents Introduction.... 5 International
More informationNFA Arbitration: Resolving Customer Disputes
NFA Arbitration: Resolving Customer Disputes Contents Why arbitration? 2 What does it cost to arbitrate? 4 What is NFA Arbitration? 6 Glossary of terms 17 National Futures Association (NFA) is a self-regulatory
More informationCost and Fee Allocation in Civil Procedure
Cost and Fee Allocation in Civil Procedure According to the Questionnaire this analysis is intended to cover the amount and allocation of legal costs in connection with cases brought under private and
More informationFederal Court and Federal Circuit Court Regulation 2012
Federal Court and Federal Circuit Court Regulation 2012 Select Legislative Instrument No. 280, 2012 as amended made under the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia
More informationStandard terms and conditions
müller quadax gmbh Teslastraße 6 74670 Forchtenberg Germany Tel. +49 7947 828-20 Fax +49 7947 828-14 Email info@quadax.de Website www.quadax.de Section 1 General / scope of application (1) These standard
More informationTable of Content. Acronym of the Project Consortium Agreement, version., YYYY-MM-DD
Version 3.0 March 2011 Table of Content Section 1: Definitions... 4 Section 2: Purpose... 4 Section 3: Entry into force, duration and termination... 5 Section 4: Responsibilities of Parties... 5 Section
More informationEffective September 1, 2018 TABLE OF RULES II. TRANSFER TO ARBITRATION AND ASSIGNMENT OF ARBITRATOR
JEFFERSON COUNTY SUPERIOR COURT LOCAL CIVIL ARBITRATION RULES Effective September 1, 2018 TABLE OF RULES I. SCOPE AND PURPOSE OF RULES 1.1 Application of Rules 1.2 Matters Subject to Arbitration 1.3 Relationship
More informationBELGIUM. Enforcing a court decision in Belgium in accordance with Brussels I Regulation
BELGIUM Enforcing a court decision in Belgium in accordance with Brussels I Regulation Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments
More information(Text with EEA relevance) (2010/C 122 E/03)
C 122 E/38 Official Journal of the European Union 11.5.2010 POSITION (EU) No 6/2010 OF THE COUNCIL AT FIRST READING with a view to the adoption of a Regulation of the European Parliament and of the Council
More informationon the proposal for a Regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights
Opinion of the European Data Protection Supervisor on the proposal for a Regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights THE EUROPEAN
More informationSECTION 1 INTRODUCTORY RULES...
Preamble This Arbitration Procedure has been prepared by Engineers Ireland principally for use in disputes arising out of engineering work, and in particular construction Contracts. However its use is
More informationTHE CHARTERED INSTITUTE OF MANAGEMENT ACCOUNTANTS. and. xxxxxxxxx RESEARCH AGREEMENT
THE CHARTERED INSTITUTE OF MANAGEMENT ACCOUNTANTS and xxxxxxxxx RESEARCH AGREEMENT 1 THIS AGREEMENT is made on the date of the last signature on page 12 BETWEEN: (1) (1) THE CHARTERED INSTITUTE OF MANAGEMENT
More informationDISCRIMINATION (JERSEY) LAW 2013
DISCRIMINATION (JERSEY) LAW 2013 Unofficial Consolidated Draft Showing the law as at 1 September 2018 Discrimination (Jersey) Law 2013 Arrangement DISCRIMINATION (JERSEY) LAW 2013 Arrangement Article
More informationStatutes. 1 Name, location and work area
Statutes 1 Name, location and work area 1) The Association is named LOHN- UND EINKOMMENSTEUERHILFERING DEUTSCHLAND E.V. (Lohnsteuerhilfeverein). (2) It has its headquarters in Darmstadt. The management
More informationJapan Arbitration Update: New JCAA Rules Comparison of Key Asian Arbitral Institutions
Japan Arbitration Update: New JCAA Rules Comparison of Key Asian Arbitral Institutions INTRODUCTION As we reported recently, the published new Commercial Arbitration Rules earlier this year. The new JCAA
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 18.6.2014 COM(2014) 358 final 2014/0180 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU, EURATOM) No 966/2012 on the
More informationEuropean Small Claims Procedure A short introduction to the main practical aspects of the use of the procedure based on the Regulation
Justice A Guide for Users to the European Small Claims Procedure A short introduction to the main practical aspects of the use of the procedure based on the Regulation A Guide for Users to the European
More informationIf the scale of costs does not provide for any case, the Court or registrar may allow reasonable costs.
MAGISTRATES' COURT OF VICTORIA SCALE OF COSTS EFFECTIVE 1 JANUARY 2015 TO DATE (relevant extracts) Note: GST inclusive amounts If in any case the Court or registrar thinks that any item is inadequate or
More informationSMALL CLAIMS COURT ACT
LAWS OF KENYA SMALL CLAIMS COURT ACT NO. 2 OF 2016 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org Small Claims Court No. 2 of 2016 Section
More informationGENERAL CONDITIONS OF THE CONTRACT (Applicable to purchase orders)
GENERAL CONDITIONS OF THE CONTRACT (Applicable to purchase orders) ARTICLE 1 PERFORMANCE OF THE CONTRACT 1.1. The Contractor shall perform the Contract to the highest professional standards. The Contractor
More informationADR Systems Model Clause Language Effective October 16, Introduction: Model Alternative Dispute Resolution Clauses for Commercial Contracts
ADR Systems Model Clause Language Effective October 16, 2015 Introduction: Model Alternative Dispute Resolution Clauses for Commercial Contracts Conflict is inevitable. Even under the best of circumstances,
More informationTable of Contents. Injury Manual Insurer s Decisions and Appeals. Division Summary Information
Table of Contents Division 11 11.0 Insurer s Decisions and Appeals 11.1 Summary Information 11.1.1 Division 11 Legislation Section 188 - Insurer s decisions final Section 189 - Insurer to give written
More informationPreparatory Committee for the Unified Patent Court. Rules on Court fees and recoverable costs. I. Proposal for
Preparatory Committee for the Unified Patent Court February 25th, 2016 FINAL subject to legal scrubbing Rules on Court fees and recoverable costs I. Proposal for A an amendment of Rule 370 of the Rules
More information