Arbitration Team Coffee Break

NEWS

DLA Piper appoints partners Anna Mills in London and Stefano Modenesi in Milan as regional co-heads of the firm’s International Arbitration practice in Europe

DLA Piper has appointed partners Anna Mills in London, and Stefano Modenesi in Milan as regional co-heads of the firm’s International Arbitration practice in Europe. João Marçal Martins in São Paulo has been named co-head for Latin America. Following the appointments, DLA Piper’s International Arbitration practice now has eight regional co-heads.

AIAC launches Asian Sport Arbitration Rules, which came into force on 6 October 2023

On 6 October 2023, the Asian International Arbitration Centre (AIAC) released the first edition of the “Asian Sports Arbitration Rules”. The brand-new rules are tailored to offer a neutral and impartial venue for various stakeholders in the sports community to handle all sports-related disputes.

European Court of Justice (ECJ) rules on the contrariety to public policy under Brussels Regulation of “quasi” anti-suit injunctions

In the judgment issued in the proceedings C-590/21 (Charles Taylor Adjusting Ltd and FD v Starlight Shipping Company and Overseas Marine Enterprises Inc), the ECJ held that a judgment awarding provisional damages for breach of an exclusive jurisdiction agreement constitutes a “quasi” anti-suit injunction, which cannot be enforced under the Brussels Regulation, as being contrary to public policy. The case concerned the recognition and enforcement, in Greece, of a judgment and two orders handed down by the High Court of Justice of England and Wales.

The court said “a court or tribunal of a Member State may refuse to recognize and enforce a judgment of a court or tribunal of another Member State on the ground that it is contrary to public policy, where that judgment impedes the continuation of proceedings pending before another court or tribunal of the former Member State, in that it grants one of the parties provisional damages in respect of the costs borne by that party on account of its bringing those proceedings on the grounds that, first, the subject matter of those proceedings is covered by a settlement agreement, lawfully concluded and ratified by the court or tribunal of the Member State which gave that judgment and, second, the court of the former Member State, before which the proceedings at issue were brought, does not have jurisdiction on account of a clause conferring exclusive jurisdiction”.

EVENTS

EIPA conference “Recent Trends in the Case Law of the Court of Justice of the EU” – Luxembourg, 18-19 January 2024

On 18-29 January 2024 the European Centre for Judges and Lawyers will host its annual conference on the recent trends in the case law of the European Court of Justice, during which the speakers will analyze some key judgments of the European Court of Justice issued in 2023. This edition will feature three panels: in the first one, the speakers will discuss relevant judgments on EU values and on the relationship between the EU and the national legal orders; in the second one, the effects of some judgments in the field of competition, consumer protection and restrictive measures will be analyzed; the third panel will then analyze judgments concerning EU’s digital transition.

AIA-CAM Pre-Moot – Milan, Italy, 1-2 February 2024

The IX edition of the Italian Association for Arbitration (AIA) – CAM Pre-Moot will take place in Milan on 1 and 2 February 2024 for teams participating in the XXXI edition of the Willem C. Vis International Commercial Arbitration Moot. The Call for Arbitrators is open.

The Second VIAC CAN Congress – Wien, Austria, 9 February 2024

On 9 February 2024 the second Vienna International Centre CAN Congress will take place in Vienna, Austria. The organizers will provide more information about the event in the upcoming weeks.

BOOK REVIEW

From the Metaverse to AI, and Everything in Between: How International Law Is Attempting to Keep Pace with Rapid Technological Advances

On October 2023, the International Association of Entertainment Lawyers (IAEL) presented the book From the Metaverse to AI, and Everything in Between: How International Law Is Attempting to Keep Pace with Rapid Technological Advances at the Amsterdam Dance Event hosted in the Dutch Capital.

The book, edited by legal counsels Olga Shitar and Bradley Mullins, delves into the impact of transformative technologies, such as Chat-GPT, AI-generated by-products and other AI-powered systems that have had a remarkable impact on businesses, data and personality right protection.

The editors have created a book with 13 thought-provoking articles by leading lawyers and legal professionals from different jurisdictions. The articles cover subjects from how to tackle new challenges arising from the use of the metaverse, to ownership of digital goods when a developer closes. One of the articles, edited by DLA Piper Litigation and International Arbitration attorney Pietro La Fortezza, looks at the Dispute Resolution mechanism in the metaverse from an Italian perspective.

The article provides valuable insight into the various types of legal issues and disputes that could arise in the metaverse. It analyses the development of private justice in the digital world and the process of “judicialization” to regulate these mechanisms, as well as the jurisdictional issues before state courts. The article concludes by highlighting the advantages that Alternative Dispute Resolution mechanisms such as arbitration could offer for resolving disputes in the metaverse.

The book offers a fresh perspective on issues at the centre of public debate. It serves as a valuable guide, offering new approaches to today’s digital challenges. Highly recommended.