Arbitrability of competition claims in China – A case study of the EU, US and China

Both China’s arbitration law and competition law were derived from western jurisdictions around 10 years ago. In recent years, arbitration has become the preferable forum as an alternative to litigation in China.

Siyou Zhou • December 16, 2019 • 5 comments

Disembarking the opposition to a relocation scheme for the Mediterranean

Proposals for a temporary disembarkation mechanism for migrants rescued in the Mediterranean have fallen on deaf ears in most EU Member States. A common scheme should instead be embraced as a first step towards an EU approach to disembarkation.

Henriet Baas • December 12, 2019

Pilate washes his hands. The CJEU misses an opportunity to rule on pre-trial detention

The very recent ruling of the CJEU in DK (C-653/19 PPU, 28 November 2019) confirms the limited applicability of Directive 2016/343 on the presumption of innocence and fails to deal with overuse of pre-trial detention across the EU.

Adriano Martufi and Christina Peristeridou • December 11, 2019

The future is female: Gender representation in international courts and tribunals

In an age when we are striving to achieve gender equality in all aspects of life, the underrepresentation of women in international courts and tribunals is an issue.

Andrea Samardzija • December 10, 2019

Data security in humanitarian action

If the essence of war is speed, knowledge of sensitive information about the enemy can make the difference. Even if this means cracking and stealing data held by neutral organisations. How does the Red Cross protect its own data?

Francesco Schmidt • December 05, 2019

Provisional Measures: understanding the allegedly peculiar Brazilian legislative instrument

Those who like to understand the Brazilian legislative set-up will have to get used to them: Provisional Measures.

Felipe de Paula • December 03, 2019

The intended trustee in Dutch pre-pack: from fly on the wall to spider in the web

The draft bill of the Continuity of Enterprises Act I assigns a significant role to the intended trustee in Dutch pre-pack proceedings. But what exactly is the position of this main figure and what does the job description include?

Romy Siebelink • December 02, 2019

Can the pre-pack pack its bags in the Netherlands?

After all the commotion caused by the ECJ's ruling in the FNV/Smallsteps case, everyone wants to know whether the pre-pack has any future at all. Is it game-over for the pre-pack or can it still play a meaningful role in Dutch insolvency practice?

Pauline Springorum and Rianne van Pelt • November 19, 2019

Levenslange uitzichtloosheid voor jonggehandicapten

Vorige week donderdag stemde de Tweede Kamer in met het wetsvoorstel Vereenvoudiging Wajong. Deze stemming vormde het sluitstuk van twee onheilspellende weken voor mensen met een handicap.

Erwin dijkstra • November 15, 2019 • 2 comments

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