Monday, November 14, 2022

Updated Research Guides from GlobaLex

GlobaLex, a very good electronic collection created by the Hauser Global Law School Program at the New York University School of Law, has  updated a number of research guides recently:

  • Research Guide to Belgian Law (one of the civil law jurisdictions from which we collect): "Belgium is a federal state with a civil law system and is a member of the European Union. These three qualities basically account for the legal system the country has adopted. The Belgian state was formed as a constitutional monarchy in 1830, as a compromise between French and Dutch claims, appeased by the British government. At that time, it was already largely influenced by the French legal system, and this was laid down in the constitution. The legislative branch was formed by a parliament with two chambers (Chamber and Senate). The King was (and is) the head of state and of the executive branch, but political power is almost entirely in the hands of the government and its prime minister. The judicial branch consists of regular courts in different appeal levels (private and criminal law matters), later an administrative court was added (1948, Council of State). A constitutional court has only been set up in recent time (1980, Court of Arbitration now Constitutional Court). Although the Belgian state has undergone severe constitutional changes since this date, the court system has still not been deeply touched by these yet. In 2014, the late reorganization of the state has restricted the transfer of competences regarding justice to judicial proceedings policy, justice’s houses, first-line legal aid and young people welfare. It has also been reaffirmed that the judicial organization, procedure, execution of court rulings and enforcement of sentences are of federal competence."
  • International Commercial Arbitration: "International commercial arbitration is a means of resolving disputes arising out of transnational commercial transactions. It is an alternative to litigation and is controlled primarily by the terms previously agreed upon by the contracting parties, rather than by national legislation or procedural rules. Most contracts contain a dispute resolution clause specifying that any disputes arising under the contract will be handled through arbitration rather than litigation. The parties can specify the forum, procedural rules, and governing law at the time of the contract. Arbitration can be either “institutional” or “ad hoc”. The terms of the contract will dictate the type of arbitration. If the parties have agreed to have an arbitral institution administer the dispute, it is an institutional arbitration. If the parties have set up their own rules for arbitration, it is an ad hoc arbitration. Ad hoc arbitrations are conducted independently by the parties, who are responsible for deciding on the forum, the number of arbitrators, the procedure that will be followed, and all other aspects of administering the arbitration. The types of law that are applied in arbitration include international treaties and national laws, both procedural and substantive, as well as the procedural rules of the relevant arbitral institution. Arbitral awards entered in prior disputes carry persuasive authority but are not binding. Scholarly commentary, or “doctrine,” may also be applied."

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posted by Michel-Adrien at 7:30 pm


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