1. The imperative of revising the arbitration exception in the Brussels I bis RegulationMartina Tičić, 2025, original scientific article Abstract: Arbitration represents a popular alternative dispute resolution mechanism in the European Union (EU). However, the coexistence of arbitration and court litigation in the EU legal area has been proven to be quite difficult to regulate. At the EU level, the Brussels I bis Regulation, i.e., the main instrument governing jurisdiction and recognition and enforcement of judgments in civil and commercial matters, explicitly states that arbitration does not fall under its scope. This ‘arbitration exception’ has led to difficulties in practice, many of which have found their way to the Court of Justice of the EU (CJEU). However, as the CJEU case law shows, it only led to new questions. As these issues will keep emerging, a different solution must be found. The perfect moment for such change is now, as the reform of the Brussels I bis Regulation is ongoing. This paper thus presents the intricacies of the ‘thorny’ interplay of arbitration and court litigation in the EU. In order to remedy the existing problems in practice, two potential solutions are suggested.
Keywords: arbitration exception, Brussels I bis Regulation, arbitration, EU civil procedure, private international law, court litigation
Published in DKUM: 02.10.2025; Views: 0; Downloads: 5
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2. The role and position of AI evidence in civil litigationMariia Sokolova, 2023, original scientific article Abstract: This article examines the role and position of AI evidence in civil litigation. Despite the sporadic appearance of such evidence in court proceedings, it has the potential to revolutionize the evidential field and change our understanding of the nature and evidential qualities of existing types of evidence. After a thorough examination of the key technical specifications of AI, different classifications of AI evidence and various approaches to treatment of AI evidence, the author suggests how AI evidence should be treated according to the Slovenian Civil Procedure law. It is inferred that standard evidence rules can be applied to AI evidence, if the probative value of such evidence does not depend on the AI involved. In cases where probative value of evidence depends on the involved AI system, AI evidence can nevertheless be treated as witness or expert evidence, or, precisely, as ex parte affidavit or private expert opinion depending on the level of human or AI contribution to the content of AI evidence. The author concludes that black box and bias problems of AI systems generating evidence have to be properly addressed in order for AI evidence to achieve full evidential value and reliability.
Keywords: artificial intelligence, AI evidence, electronic evidence, civil procedure, machine evidence
Published in DKUM: 28.08.2025; Views: 0; Downloads: 1
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3. Collected Papers of Thomas A. HellerThomas Allan Heller, 2025 Abstract: The monograph »Collected Papers of Thomas A. Heller« brings together the significant scholarly contributions of Thomas Heller, an esteemed American legal expert whose academic influence has resonated well beyond the borders of his home country. In his academic writings, Heller explored a broad spectrum of legal topics, reflecting both the depth of his expertise and the diversity of his intellectual interests. His work addressed important issues in criminal and civil procedure (such as attorney fees, remedies), topics that lie at the core of any legal system and continue to provoke scholarly debate. Particularly noteworthy are his contributions related to medical-legal issues such as medical malpractice, vaccination policies, and abortion law, mainly last analyzed through the lens of recent and landmark judicial decisions in the US. These topics are of enduring legal, ethical, and social significance. In addition, he also contributed to the field of English legal writing and composition, helping to clarify and elevate the standard of the English language.
Keywords: criminal and civil procedure, obligatory insurance, human rights, medical law, English language
Published in DKUM: 14.07.2025; Views: 0; Downloads: 2
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4. Diversity of Enforcement Titles in Cross-border Debt Collection in the EU : National Report: CiprusDespina Christophi, Demetra Loizou, 2022 Abstract: Applying a systematic approach, this report addressess the main features of enfrocement titles in Cyprus. It focuses on judgments, court settlements and notarial deeds, scrutinizing their content, form and effects. It conveys theoretical insight into the subject matter as well as conclusions from relevant case law.
Keywords: enforcement title, cross-border enforcement, Italy, EU law, civil procedure law
Published in DKUM: 20.12.2022; Views: 477; Downloads: 53
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5. Diversity of Enforcement Titles in Cross-border Debt Collection in the EU : National Report: ItalyMaria Kaczorowska, Alessia Voinich, Martina Previatello, 2022 Abstract: Applying a systematic approach, this report addressess the main features of enfrocement titles in Italy. It focuses on judgments, court settlements and notarial deeds, scrutinizing their content, form and effects. It conveys theoretical insight into the subject matter as well as conclusions from relevant case law.
Keywords: enforcement title, cross-border enforcement, italy, EU law, civil procedure law
Published in DKUM: 20.12.2022; Views: 501; Downloads: 70
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7. The current status of the preclusive effects of judgments in the federal court system of the United States of AmericaThomas Allan Heller, 2020, original scientific article Abstract: Res judicata law in the United States of America has a long, extensive and complex history. The aim of this paper is to provide at least a working summary of some of the most important aspects of the current res judicata law in the federal court system of the United States. The flexible discovery, pleading and joinder rules have given rise to more expansive res judicata law. The paper will discuss what exactly constitutes a judgment; how the federal courts deal with finality of judgments in multiple party and multiple claim cases; the final judgment rule; the form of judgments; the methods to enter judgments and significance of entry of judgments; together with a detailed overview of the doctrine of res judicata itself, including the separate, but related twin doctrines of claim preclusion and issue preclusion.
Keywords: res judicata, merger and bar, claim preclusion, issue preclusion, collateral estoppel, finality of judgments, US Federal District Courts, civil procedure
Published in DKUM: 15.01.2021; Views: 774; Downloads: 9
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8. The standards of proof in medical malpractice casesNina Cek, 2020, original scientific article Abstract: The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in standards of proof by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the approach of the EU court on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through the help of a medical expert, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems and the question is raised of how the introduction of such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.
Keywords: medical malpractice, expert evidence, standards of proof, no-fault system, civil procedure rules
Published in DKUM: 15.01.2021; Views: 789; Downloads: 42
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