3rd IAPL-MPI SUMMER SCHOOL, July 2018

PRIVATIZING DISPUTE RESOLUTION AND ITS LIMITS

I. CALL FOR APPLICATIONS

It is our pleasure to announce the third edition of the International Association of Procedural Law (IAPL) - Max Planck Institute Luxembourg Summer-School, which will take place in Luxembourg from the 1st to the 4th of July 2018.

Up to 20 places will be available for applicants having procedural law and/or dispute resolution mechanisms as their main field of academic interest and meeting the conditions explained below.

Please follow this link for the online application: Apply online

Deadline for applications: 10 January 2018.

II. BACKGROUND

1. Background

Under the direction of Professor Loïc Cadiet (Université Paris I - Sorbonne) and Professor Burkhard Hess (MPI Luxembourg), the IAPL-MPI Post-Doctoral Summer School aims at bringing together outstanding young post-doc researchers [1] from all geographical origin, dealing with international and comparative procedural law as well as with other relevant dispute mechanisms for civil controversies. The School will give them the opportunity to meet and to openly share and discuss their current projects of research with other young colleagues and experienced law professors and practitioners. In this regard, Luxembourg is without any doubt and for many reasons one of the most interesting venues in Europe, where many opportunities for exchanges between procedural theory and practice are offered.

Two editions of the IAPL-MPI Summer School have already taken place at the premises of the MPI in Luxembourg: the first one in July 2014, the second in July 2016. The success of the experience, crowned by the publication of the collective books Procedural Science at the Crossroads of Different Generations, and Approaches to Procedural Law. The Pluralism of Methods, has encouraged the organization of a third edition in July 2018.


[1] By way of exception researchers at the very final stage of their PhD project may also be admitted.

2. The International Association of Procedural Law

The foundation of the International Association of Procedural Law goes back to the 1950’s. Its purpose is to promote the development of the study of procedural law by encouraging the collaboration among lawyers and academics in different countries, the exchange of information on sources, publications, practice and adjudication, and the cooperation with juridical experts in national and international research institutions. To achieve these goals the Association engages in various activities: it regularly organizes conferences and congresses everywhere in the world; from 2011, it supports the publication of an international journal (the International Journal of Procedural Law, published twice a year with contributions in five languages). Next to the awarding of a Cappelletti Prize for the best book written by young scholars in the procedural field, the initiative of a post-doc Summer School to be held every two years in cooperation with the Max Planck Institute for Procedural Law implements the wish of the Association to diversify its activities towards worldwide young proceduralists.

3. The Max Planck Institute for Procedural Law

The Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law started its work in fall 2012 at the Kirchberg Plateau. The official inauguration of the Institute took place in May 2013.

The Institute is the first Max Planck Institute on legal matters outside the German borders. The location in Luxembourg is ideal for a Max Planck Institute focusing on procedural law: Luxembourg epitomizes the constant development and expansion of the legal systems of the EU Member States by means of European law and of the jurisprudence of the Court of Justice of the European Union. The MPI has already established a productive dialogue with the European courts and related institutions. A close cooperation with the faculty of law of the University of Luxembourg as well as with other research bodies all over the world is on-going.

Within the MPI, the Department of European and Comparative Civil Procedural Law directed by Prof. Dr. Burkhard Hess addresses the whole range of judicial and extrajudicial settlement of civil law disputes, as well as the differentiation of dispute resolution (e.g. in family law, in consumer protection, and in collective redress). As a result of its international composition this department sees itself first of all as a department for comparative civil procedure law. In addition, there is a special focus on European civil procedure law. However, the scope of research is much broader and keeps steadily growing: by way of example, researchers investigate the interfaces between the structure of the judiciary (especially questions related to institutional aspects and to professional law), or the settlement of disputes (such as the competing influence of private and state actors in the area of arbitration and consumer mediation). Finally, the procedural law of the ECJ and of the other European courts in Luxembourg is of particular importance, especially with regard to the differentiation of the procedures against the background of the different functions of these judicial institutions.

III. HOW THE SUMMER SCHOOL WORKS

1. The philosophy of the School

The main actors of the school are the students, who are invited both to present their current topic of research and to actively discuss them with the rest of the participants. The role of the professors is to accompany and encourage them in the endeavor.

The Summer School is building a reputation of outstanding quality, which is mirrored both in the professors invited and the students admitted to participate. With this aim a pre-selection is made within the MPI among the applications received in due time. The final decision lies with the MPI and the IAPL Presidium.

The organisation of the Summer School is an objective and a success on its own, further reflected in the final collection and publication of the presentations in a collective book. In principle all attendants are asked to contribute to the book; their commitment to comply is a condition to be admitted to the School.

2. Sessions and Panels

The Summer School runs for three days and combines the scientific program with some leisure activities. The academic program takes place in morning and afternoon sessions, divided into sequenced panels grouping together related topics.

3. Presentation and Discussion

Each participant will be requested to explain his/her research orally for a time not exceeding 20 minutes, with the aid of a PPT if wished.

A participant of the school will be appointed as a respondent (discussant) for each paper, thus he/she will be in charge of discussing the main points for 3 to 5 minutes. In order to facilitate the task of the discussant and for the sake of a consistent debate, papers of maximum 15000 words (including footnotes) must be sent to summer-school@mpi.lu in advance, i.e., three weeks before the school starts at the latest. They will be circulated among all the participants.

An open discussion of 15 to 20 minutes will follow. All the participants are expected to take part actively in it, with interventions of 2-3 minutes each.

Each session of the School will be chaired by one Professor.

4. The Professors at the School

Emeriti professors as well as active ones, coming from Universities all around the world, are invited to attend the Summer School with the purpose of guiding the young researchers, commenting on their projects and advising them on the way forward. In each edition of the Summer School two main lectures are included on the specific topic of the School. Moreover, all professors are invited to comment on some major works of procedural and comparative law - selected books, authors or even grounding events that they consider worth to be read and discussed.

The following professors have agreed to come to the Summer School:

- Prof. Loic Cadiet (Paris)

- Prof. Diego Fernandez Arroyo (Paris)

- Prof. Franco Ferrari (New York)

- Prof. Hazel Genn (London)

- Prof. Burkhard Hess (Luxembourg)

- Prof. Georg Kodek (Vienna)

- Prof. Marta Requejo Isidro (Luxembourg)

- Prof. Astrid Stadler (Konstanz)

- Prof. Stefaan Voet (Leuven)

- Prof. Janet Walker (Toronto)

IV. RESEARCH FOCUS

The 3rd edition of the Summer School has chosen to explore the topic of “Privatizing Dispute Resolution and Its Limits”. “Privatizing” is understood here in a broad sense. For information purposes, different ways can be envisaged: one relates to the defense of public interests by means of private litigation; a second comprises the mechanisms for dispute resolution alternative to State justice; another deals with the commercialization of the judicial system. Applications under the first prong shall address the case of litigation in the interest of the broader (public) interest of the law: a regulatory approach that in Europe has been adopted in the context of competition law, intellectual property law, consumer protection, data protection and to some extent, also for the defense of the environment, in the search of avenues for the extraterritorial application of mandatory law. The second prong refers to commercial and investment arbitration, sports arbitration, consumer ADR, online dispute resolution for domain names controversies and the like. The third prong will deal with development of private access to justice (litigation insurance, third party funding, etc.), ”marketization” of the bar activity, emergence of new private actors with the legaltech, etc. Proposals should take into account that for different reasons both phenomena are subject to limits: to be feasible, the extraterritorial application of mandatory national or regional law requires procedural and substantial preconditions such as international jurisdiction over the defendant, or the support of an appropriately designed choice of law rule. As for alternative mechanisms of dispute resolution, in spite of their detachment from the control of State courts important interfaces still remain, as demonstrated by the possibilities to apply for the annulment of the arbitral award or its non-recognition; or by the on-going contestation of CAS decisions before the ECHR. Finally, although schemes of third party funding and the like facilitate access to justice for single claims that wouldn’t be brought individually to the court, they raise many controversies and challenges while remaining unregulated.

All papers submitted to the 2018 Summer School should delve into one or several of these issues.

V. ADMISSION CRITERIA

As in the previous edition, the 2018 IAPL-MPI Summer School is looking for highly qualified candidates, both with respect to their experience and their area of research. A good level of English, both orally and in writing, is of the essence. All nationalities are welcome to apply.

The School is mainly addressed to post-doc students at the beginning of their academic career; PhD candidates may nonetheless be admitted in case their dissertation is already at an advanced stage, and provided the candidate shows a degree of academic maturity guaranteeing that his/her attendance to the school will be fruitful both for him/her and the School itself.

The selection process entails a two-stage process, based on the written materials submitted by the applicants. A pre-selection is made within the MPI among the applications correctly completed and received in due time on the basis of the candidate’s CV, his/her topic of research and his/her explanation of it (interest, methodological approach, novelty). The final decision lies with the MPI and the IAPL Presidium.

Applicants are requested to apply via the website platform set up to this effect. The application form therein provided for must be filled in with the following information:

An application form therein provided for must be filled up and the following documents upload:

  • A short curriculum vitae indicating the nationality of the candidate, age and home institution; PhD topic, date and place of submission, degree awarded, members of the jury/commission; recent publications; grants and awards; stays abroad; current position
  • A short description of the project of research to be discussed at the School (no more than 1000 words)
  • A letter of recommendation from a renowned Law Professor or Practitioner

VI. PRACTICAL INFORMATION

1. Venue

The Summer School takes place at the MPI premises, 4 rue Alphonse Weicker, L-2721 Luxembourg.

2. Funding

A limited number of grants covering travel and accommodation expenses while in Luxembourg will be made available for candidates who do not benefit from any other source of funding.

Students coming to Luxembourg from a non-European country may prolong their stays up to the end of the week and use the MPI library.

3. Travel arrangements. Visas

Travel and accommodation arrangements of beneficiaries of funding are undertaken by the MPI.

Successful applicants shall take care by themselves of eventual administrative requirements such as visa and similar.

4. Contact person

Iris Kraft, tel. +352 269488 - 203, email summer-school@mpi.lu