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1.
Provisional security of creditors in cross-border civil and commercial matters
Neža Pogorelčnik Vogrinc, 2020, original scientific article

Abstract: Provisional measures can be of utmost importance to creditors especially in relationships with a cross-border element. The Regulation 1215/2012 is the legal source that provides rules regarding the jurisdiction to issue a provisional measure but also offers imperfect provisions regarding the recognition and enforcement of foreign provisional measures issued in other Member States of the European Union. Due to the inadequate regulation, CJEU case law has played an important role, but nevertheless the article finds and opens new questions that have not yet been answered.
Keywords: Regulation 44/2001, Regulation 1215/2012, provisional measure, jurisdiction, recognition, enforcement, arbitration clause, real connecting link
Published: 15.01.2021; Views: 148; Downloads: 0

2.
Determining jurisdiction and the applicable law in cross-border unfair competition and unfair commercial practices cases
Iveta Rohová, David Sehnálek, 2017, original scientific article

Abstract: The free movement of goods promotes cross-border transactions. Computerization of services and intensified use of the Internet also contribute to the development of trade within the EU. Problems that could once be addressed almost exclusively or at least prevailingly at a national level currently assume cross-border character. This is also true in the case of regulation of unfair competition and unfair commercial practices. Whereas the substantive regulation of unfair competition in both EU and domestic law is quite common in scientific literature, its aspects in private international law are often neglected. Since the EU law has to a large extent replaced national conflict-of-law and procedural rules with unified EU provisions, this article focuses on the EU regulations Rome II and Brussels I bis with the emphasis put on the latter. The aim of this article is to review the rules determining jurisdiction (and the applicable law) on the basis of legal doctrine, current legislation and case law of the Court of Justice of the EU. Attention also will be paid to both off-line and on-line situations, as well as to the specifics of consumer protection in the context of unfair competition and unfair commercial practices.
Keywords: unfair competition, unfair commercial practices, private international law, applicable law, jurisdiction, on-line torts
Published: 15.01.2021; Views: 87; Downloads: 6
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3.
Jurisdiction in on-line defamation and violations of privacy
Jerca Kramberger Škerl, 2017, original scientific article

Abstract: This article will address the rules of EU private international law regarding the international jurisdiction in defamation and the violations of the right to privacy committed via the internet. Being that there is no common conflict of laws rule regarding these issues and a number of different courts hold jurisdiction, great efforts are being taken to prevent the so called "forum shopping", or, as regards to defamation, "libel tourism". It is namely very hard to strike a fair balance between the procedural rights of both parties, since this is strongly connected with striking a balance between the freedom of speech, on one hand, and personality rights, on the other, all of which are fundamental rights. During the internet era, the problems regarding cross-border issues on defamation and privacy cases rose to a whole new dimension. The interpretation of the traditional connecting factor, the place where the harmful event occurred, became very difficult. Over the years, the Court of Justice of the EU has issued several milestone judgments interpreting Article 7(2) of the Brussels I Recast Regulation in such a way that the particularities of violations committed via the internet are taken into account.
Keywords: defamation, personality rights, privacy, jurisdiction, private international law, libel tourism, forum shopping, Brussels I Recast, torts, delicts
Published: 02.08.2018; Views: 537; Downloads: 45
.pdf Full text (511,68 KB)
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4.
Determining jurisdiction and the applicable law in cross-border unfair competition and unfair commercial practices cases
Iveta Rohová, David Sehnálek, 2017, original scientific article

Abstract: The free movement of goods promotes cross-border transactions. Computerization of services and intensified use of the Internet also contribute to the development of trade within the EU. Problems that could once be addressed almost exclusively or at least prevailingly at a national level currently assume cross-border character. This is also true in the case of regulation of unfair competition and unfair commercial practices. Whereas the substantive regulation of unfair competition in both EU and domestic law is quite common in scientific literature, its aspects in private international law are often neglected. Since the EU law has to a large extent replaced national conflict-of-law and procedural rules with unified EU provisions, this article focuses on the EU regulations Rome II and Brussels I bis with the emphasis put on the latter. The aim of this article is to review the rules determining jurisdiction (and the applicable law) on the basis of legal doctrine, current legislation and case law of the Court of Justice of the EU. Attention also will be paid to both off-line and on-line situations, as well as to the specifics of consumer protection in the context of unfair competition and unfair commercial practices.
Keywords: unfair competition, unfair commercial practices, private international law, applicable law, jurisdiction, on-line torts
Published: 02.08.2018; Views: 476; Downloads: 43
.pdf Full text (559,94 KB)
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5.
Interim measures in arbitration proceedings
Tatjana Zoroska-Kamilovska, Tatjana Shterjova, Univerza v Mariboru, 2013, original scientific article

Abstract: Interim measures in arbitration proceedings are intended to provide protection of the parties’ rights in the course of the proceedings before the final award is rendered. This issue for a long time has been regarded to be rooted in public policy concerns, but gradually this power is being transferred to the arbitral tribunal itself. In the Republic of Macedonia, the issue of interim measures in international commercial arbitration is regulated in the Law on International Commercial Arbitration. The provisions of the law expressly provide for the power of the arbitral tribunal to grant interim measures, however many questions in regard of arbitral interim relief are left unsettled. The authors give an analysis of the currents state over this issue in the Republic of Macedonia, and make an attempt to provide a solid answer to the question – will the amended provisions of the UNCITRAL Model Law on International Commercial Arbitration be a good basis to overcome the perceived problems, or an approach similar to the Slovenian should be rather accepted.
Keywords: arbitration proceedings, concurrent jurisdiction, enforcement, interim relief, interim measures, preliminary orders, UNCITRAL Model Law on International Commercial Arbitration
Published: 01.08.2018; Views: 409; Downloads: 24
.pdf Full text (402,04 KB)

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