Welcome to ERA – Academy of European Law

Objective

Key topics

• EU/Member States and international law: who does what? Issues relating to international negotiations, international responsibility, representation in international litigation, international law as a standard of review in CJEU case law
  

• The international dispute resolution mechanism jigsaw: 
  
  • Litigation before European courts: private parties’ access to the ECtHR and the CJEU, equivalent protection system
  • Brussels I and the arbitration exception, primacy of the New York Convention, parallel proceedings and conflicting court and arbitral decisions, recent EU case law (C-536/13 Gazprom and C-352/13 CDC), 2015 entry into force of the Hague Convention on Choice of Court Agreements: changes and coordination
  • Relationship between ISDS and national judicial systems, protection of the State’s right to regulate and legitimate public policy objectives, establishment and functioning of arbitral tribunals, review of ISDS decisions by bilateral or multilateral appellate mechanisms
• UN, EU and State sanctions: role and effectiveness, (extra-)territorial scope, impact on fundamental rights and judicial review by the ECtHR (Nada and Al Dulimi) and by the CJEU (Kadi and recent cases), impact on international sales contracts
  

Who should attend?