"The Active Role of Judges and Party-autonomy in Transnational Litigation"

February 2 (Fri), 2007

Venue: Nagoya Marriott Associa Hotel, Room: Sirius, 51st floor

Opening Session

Opening Address

Professor Dr. Masanori Kawano
Nagoya University

Opening Presentation
"Party- autonomy and Judicial Discretion in Transnational Litigation: The Problem of Jurisdictional Allocation in Comparative Perspective"

Professor Dr. Nicolo Trocker
University of Florence

COMPARATIVE STUDY ON ROLE OF JUDGES IN TRANSNATIONAL LITIGATION

Moderator:

Professor Dr. Yasunori Honma
Nagoya University

SESSION I:
COURT RESPONSIBILITIES FOR DETERMINING FOREIGN LAW

Presentations

"Court Responsibilities for Determining Foreign Law"

Professor Dr. Masanori Kawano
Nagoya University

"Court's Responsibilities for Determining Foreign Law: The French Perspective"

Professor Dr. Frederique Ferrand
University of Lyon
(to be read by: Ms. Stephanie Schmidt, Institute for Business Litigation)

Comment

"English Civil Proceedings: Proof of Foreign Law"

Professor Neil Andrews
University of Cambridge

Discussion

SESSION II:
SPECIAL CASE MANAGEMENT BY JUDGES FOR FOREIGN PARTIES

Presentations

"Special Case Management by Judges for Foreign Parties"

Professor Dr. Rolf Stuerner
University of Freiburg
(to be read by: Ms. Stephanie Schmidt, Institute for Business Litigation)

"Special Case Management by Judges, or Special Statutory Provisions, for Handling Proceedings with Foreign Parties?"

Professor Marco De Cristofaro
University of Padova

"Role of Judges in Transnational Litigation - Special Case Management by Judges for Foreign Parties"

Professor Dr. Miklos Kengyel
University of Pecs

Comment

"Case Management in the English Commercial Court"

Professor Neil Andrews
University of Cambridge

Discussion

February 3 (Sat), 2007

Venue: Nagoya Marriott Associa Hotel, Room: Iris, 16th floor

COMPARATIVE STUDY ON "SETTLEMENT IN LITIGATION"

Moderator:

Professor Dr. Masanobu Kato
Nagoya University

SESSION III:
ROLE OF THE JUDGES AND PARTY-AUTONOMY IN "SETTLEMENT IN LITIGATION"

Presentations

"Role of Judges and Party-autonomy in 'Settlement in Litigation'"

Professor Dr. Masanori Kawano
Nagoya University

"The Role of American Judges in Alternative Dispute Resolution"

Professor Peter Murray
Harvard Law School

"Settlement : The dominant form of Modern Civil Justice"

Professor Neil Andrews
University of Cambridge

Discussion Presentations

"The Role of Judges and Party-autonomy in Settlement in Litigation - a Scandinavian perspective"

Dr. Laura Ervo
University of Turku

"Role of Judges and Party-autonomy in Settlement in Litigation"

Professor Dr. Piotr Pogonowski
Catholic University of Lublin

"Settlement in Litigation"

Professor Dr. Dimitrios Maniotis
Democritus University of Thrace

Comments

"The Role of Judges and Party-autonomy in Settlement in Litigation - a Japanese perspective"

Professor Yoshiro Kusano
Gakushuin University

"The Role of Judges and Party-autonomy in Settlement in Litigation - Hungarian review"

Professor Dr. Miklos Kengyel
University of Pecs

Discussion

SESSION IV:
ENFORCEMENT OF SETTLEMENT - DOMESTIC AND TRANSNATIONAL ASPECTS

Presentation

"Effects of 'Settlement in Litigation'"

Professor Dr. Masanori Kawano
Nagoya University

Comment

Professor Dr. Dimitrios Maniotis
Democritus University of Thrace

Discussion

Closing Session

Closing Remarks

Professor Dr. Masanori Kawano
Nagoya University