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Journal du Droit International: Issue 3 of 2021

The third issue of the Journal du droit international for 2021 has just been released. It contains two articles and several case notes relating to private international law issues.

In the first article, Guillaume Feld (Avocat, Paris bar) and Guillaume Sauvaget (Associé, PS Consulting) discusse the concept of “dispute boards” as ADR technique in an international context (Les “dispute boards”: originalité, évaluation et perspectives d’un mode alternatif de règlement des différends singulier). 

The English abstract reads:

Original alternative dispute resolution (ADR) technique, dispute boards (known in French as « comités de règlement des différends ») have been conceived in the construction industry in North America in the 1960s-1970s as an empirical answer to the infrastructure projects’ high propensity to disputes and their negative consequences for all involved parties. Initially designed as a permanent body comprising one or more knowledgeable neutrals set up at the project’s inception in order to assist the parties in avoiding and/or overcoming any disagreements and/or disputes which could arise under or in connection the underlying contract, the popularity of dispute boards has grown significantly over the past two decades well beyond the construction industry. Their dual preventive and curative functions as well as their undeniable efficacy explain to the uniqueness of dispute boards which sets them apart from other ADR techniques. While they are not without inconveniencies and risks, dispute boards offer to their users numerous advantages and opportunities which justify their adoption under major international projects in various industries. The purpose of this article is to present : the concept, genesis and development of dispute boards ; their originality, typology and operation ; their advantages and inconveniencies ; their risks and opportunities ; and their possible future.

In the second article, Charlotte Ankaoua (PhD, University of Versailles-St-Quentin-en-Yvelines) analyses the recent caselaw of the CJUE dealing with the ‘Actio Pauliana’ under Brussels I bis Regulation (L’assimilation de l’action paulienne à une action contractuelle selon la Cour de justice de l’Union européenne).

The English abstract reads:

Through two court rulings, the Court of Justice of the European Union rules that the Paulian action is a legal action of a contractual nature within the meaning of Article 7, §1, of the Brussels I bis Regulation, even though the parties are not bound by a freely accepted commitment. The latter thus enshrines the extension of contractual matters undertaken in recent years and which makes the « cause of action » the main criterion of this autonomous concept. While these rulings seem to clarify the Paulian action, a «chameleon » action, the article tends to show that, on the contrary, they can distort it, in particular by undermining the principle of the relative effect of contracts which characterises it.

A full table of contents can be downloaded here.

Marion is law professor at Artois University (France)

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