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1.
Principles of national procedural law in summary procedures and the principle of effectiveness of the European law
José Caramelo Gomes, 2010, izvirni znanstveni članek

Opis: This paper presents the limits to the applicability of national procedural rules to the enforcement of European Union law by national courts in general and the European Small Claims Procedure in particular. It discusses several Court of Justice of the European Union principles, such as the principle of the institutional and procedural autonomy of the Member States, the principle of equivalence and the principle of effectiveness and points to the probable evolution of the case-law on the value and validity of national law incompatible with the European Union law.
Ključne besede: European Union, procedural law, litigation, judicial proceedings, efficiency
Objavljeno: 23.07.2018; Ogledov: 123; Prenosov: 19
.pdf Celotno besedilo (114,05 KB)

2.
Some observations regarding cross-border debt collection in consumer disputes
Christophe Verdure, 2010, izvirni znanstveni članek

Opis: Cross-border debt collection in consumer dispute leads to many difficulties. The main one is the access to justice as consumers are generally not aware of their rights and legal proceedings may be expensive. The major difficulty in order to sue a counterpart based in another Member States is the determination of the competent court. However, this private international law issue is the first step in order to bring a legal action. This action may be disproportionate, on time and value, in comparison with the amount of the debt a consumer wants to recover. As a result, the European Commission has adopted the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters which aims at facilitating cross-border disputes involving consumers. After recalling the main characteristics of the Directive, author also discusses online mediation, that can also lead to more effective results.
Ključne besede: cross-border debt collection, online mediation, consumer law, alternative litigation proceedings, Directive 2008/52/EC, private international law
Objavljeno: 23.07.2018; Ogledov: 80; Prenosov: 7
.pdf Celotno besedilo (120,61 KB)

3.
Resolving intellectual property disputes
Hamed Alavi, 2016, izvirni znanstveni članek

Opis: Within recent decades, increasing the complexity of international trade has resulted in changing many dimensions of doing business with other nations and relevant problems to it. Rising the importance of intellectual property rights as intangible assets of companies is considered among most important characters of modern business process which applies to multinational enterprises and other forms of companies who intend to enter the global market place equally. Benefiting from global marketplace and at the same time protecting IPRs is a difficult goal to achieve due to intangible and diverse nature of such rights which results. In practice of international trade, there is high probability for companies to face with IPR related disputes. Therefore, choice of proper IP Dispute Resolution mechanism is an important step in designing overall IP strategy of the firm as an improper IP dispute resolution method can impose high financial costs as well as affecting reputation of the firm. Current paper tries to answer to the question of what is the most suitable dispute resolution method for IP related disputes. And in order to achieve this objective, paper explores different types of IP disputes, different approaches for resolving IP disputes, factors affecting the choice of method for resolving IP disputes and finally, it will analyse application of dispute resolution mechanisms in different types of IP related disputes.
Ključne besede: intellectual property rights, dispute resolution, international trade, litigation, alternative dispute resolution
Objavljeno: 02.08.2018; Ogledov: 116; Prenosov: 22
.pdf Celotno besedilo (234,04 KB)
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4.
The argument for choosing state's judicial system or a "private" outsourced resolution of disputes
Jorg Sladič, 2018, izvirni znanstveni članek

Opis: Terms such as arbitration, mediation, conciliation and alternative dispute resolution (ADR) are nowadays standard terms in any classroom textbook on civil procedure. Legal scholars enumerated and assessed in depth the advantages and disadvantages of any type of outsourced dispute resolution. However, a number of legal writers still fail to enumerate the exact differences in course of events and all of the trade-offs that a party will have when deciding to resolve the dispute using an outsourced dispute resolution. Clearly the costs, the celerity and the flexibility are important issues. However, the decision is not influenced solely by legal arguments. This paper will mention some typical Slovenian issues in an assessment of the choice of dispute resolution. If parties want to continue to remain in good terms after the dispute, then an outsourced dispute resolution is highly recommended. Judicial rulings are to binary; one party wins, one loses.
Ključne besede: ADR, arbitration, mediation, outsourced mediation, court- connected mediation, choice of ADR, State as party in litigation and ADR
Objavljeno: 02.08.2018; Ogledov: 260; Prenosov: 26
.pdf Celotno besedilo (669,18 KB)
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