Building effective markets: the role of an integrated legal system
29th-30th January 2013. Sponsored by Swiss Re.
This conference examined in depth what a good, balanced relationship would be for European jurisdictions between regulation and litigation, and how it can contribute to strong and competitive markets.
There has been extensive scholarly debate on ‘public and private enforcement’, which largely takes place within a series of separate silos, such as public law and private law; justice, business, consumers, competition, and individual regulated sectors; regulation, litigation and alternative dispute resolution (ADR). For the first time, this conference brought together different approaches and conversations, so as to enable a holistic view and discussion of current trends in European civil justice and EU legislative developments. A particular focus was examining how selecting the right mode of ‘enforcement’ can succeed (or fail) in incentivising compliance with rules by businesses, how self-regulatory structures can be designed so as to allow sufficient confidence. The conference brought together country and sector specialists to enable a comparative discussion and shed light on best practice examples in place across Europe.
Programme
Day 1 |
Tuesday, 29 January 2013 |
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11:00 |
Jayne Plunkett, Member of Group Management Board, Head Casualty Reinsurance Division, Swiss Re |
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11:15 |
Opening keynote |
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11:45 12:00 |
Setting the stage Renata Jungo Brüngger, Chefsyndika Daimler AG, Stuttgart
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14:00 - 15:40 |
Mechanisms for resolving mass problems: class actions, alternative dispute resolution (ADR) and regulation Chair: Arundel McDougall, CEO, European Justice Forum, Brussels Germany: The KapMuG story: failure of the Deutsche Telekom collective action Axel Halfmeier, Professor of Civil Law, Comparative Law and International Private and Procedural Law, Leuphana Universität Lüneburg
Questions & discussion |
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16:40 - 18:00 |
Chair: Arundel McDougall, CEO, European Justice Forum, Brussels Ianika Tzankova, Professor, Tilburg University Stefaan Voet, Research and Teaching Assistant, Ghent University UK: The limited impact of group actions, use of case management, and shift towards self-regulation and regulatory solutions Questions & discussion |
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18:30 |
Wrap up day one |
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19:30 |
Dinner keynote by Prof. Burkhard Hess, Executive Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law |
Day 2 |
Wednesday, 30 January 2013 |
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09:00 - 09:30
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Henrik Øe, Danish Consumer Ombudsman, Copenhagen: How to achieve compliance
Panel Discussion
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| 11:00 |
Questions & Discussion |
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11:45 |
Implications & solutions Panel discussion: solutions for business Chair: Anders Stenlund, Director, Legal Affairs, Confederation of Swedish Enterprise Panellists:
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14:00 |
Panel discussion: implications for insurance and reinsurance Chair: Rick Perdian, Senior Business Development Manager, Swiss Re Panellists:
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15:30
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Conclusions: What are the best techniques and combination of techniques, to deliver clear rules, optimal compliance and rectification of imbalances? Panel discussion Chair: Christopher Hodges, Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford Panellists:
General discussion & chair’s wrap up: a fresh perspective on the legal system in the EU market |