IAPL 2009 - Program

Rethinking the Common Law/Civil Law Divide
Federico Carpi, President, International Association of Procedural Law (moderator)
Mirjan Damaŝka, Yale Law School (principal speaker)
Oscar G Chase, New York University School of Law (commentator)

Marcel Storme, University of Gent (commentator)

• What has become of the civil and common law traditions?
• What alternatives are there?
• Do we still need categories?

Country Studies from Across the Divide:
The Impact of Reform on Convergence
• Do the categories still hold in the traditional civil and common law jurisdictions?
• What are the key reforms and how are they changing the categories?
• What are the challenges to implementing and gaining acceptance of reforms, and how are they being met?

A – United States, Spain, Switzerland
Keith Uff, Birmingham Law School (moderator)
Linda S Mullenix, University of Texas School of Law

Andres de la Oliva Santos, Universidad Complutense de Madrid

Samuel P Baumgartner, University of Akron School of Law

B – England, Japan, Turkey
Linda J Silberman, New York University School of Law (moderator)

Neil H Andrews, University of Cambridge Faculty of Law
Yasuhei Taniguchi, Kyoto University Faculty of Law (retired)
Murat Ozsunay, Turkey

Reports from the Floor:

A- Johan Manrique Garcia, Colombia

A- Clara Fernandez Carron, Spain

B - Majid Pour-Ostad, Iran

B- Fernando Gascón, Spain

B- Luis Gómez Amigo, Spain

Special Video Presentation: The Rt Hon the Lord Woolf

Changing Roles of Participants

A – Witnesses and Counsel: Getting Straight to the Facts
Garry D Watson, Osgoode Hall Law School (moderator)
Emmanuel Jeuland, Université de Panthéon-Sorbonne Paris I

David Bamford, Dean, Flinders University School of Law
The Hon Mr Justice Ian Binnie, Supreme Court of Canada

• Is the role of expert witnesses changing in the common law?
• Is the use of witness statements and written advocacy affecting the role of counsel in the common law?
• Will party witnesses become acceptable in the civil law?
• Will counsel assume a larger role in questioning witnesses in the civil law?
• Is pre-hearing disclosure changing the role of counsel and witnesses in the civil law?
• Will constraints on documentary disclosure change the role of counsel and witnesses in the common law?

B – Judges and Parties: Getting Results
Trevor CW Farrow, Osgoode Hall Law School (moderator)
Judith Resnik, Yale Law School
Eduardo Oteiza, Universidad de La Plata, Argentina
Soraya Amrani-Mekki, University of Paris X - Nanterre

• Is managerial judging transforming the role of judges in the common law?
• To what extent can judges shift from adjudicating to mediating disputes?
• How is the changing roles of judges changing party-engagement in the litigation process?

A- María Luisa Villamarín López, Spain

A - Fernando Gascon, Spain

B - Mónica-Galdana Pérez Morales, Spain

B - Gemma García-Rostán, Spain

Lessons from International Tribunals and from Other Perspectives

A – International Commercial Arbitration (Mock Arbitration)
Barry Leon, Torys LLP, Toronto (moderator)
Pierre A Karrer, Zurich (overview)
Louise Ellen Teitz, Roger Williams University School of Law (overview)

Henri Alvarez, QC, Fasken Martineau Dumoulin LLP, Vancouver

Khawar Qureshi, QC, McNair Chambers, Doha-Qatar
Edoardo F Ricci, Professor of Civil Procedure Law, University of Milan
Raëd Fathallah, Bredin Prat, Paris
Kaj Hobér, Mannheimer Swartling, Advokatbyrå, Stockholm
Jennifer Smith, Baker Botts, Houston
Audley Sheppard, Clifford Chance LLP, London

• Following an introductory overview of initiatives in international arbitration to accommodate the civil law and the common law in a combined process, leading arbitrators and arbitration counsel will demonstrate, in a mock procedural hearing in an arbitration between a civil law and a common law party before arbitrators from both systems, the interaction between procedural traditions that is producing a unique blend of practices suitable for resolving international commercial disputes.

B – International Criminal Justice
Valerie Oosterveld, University of Western Ontario (moderator)
His Excellency Fausto Pocar, Int'l Criminal Court for the Former Yugoslavia
William A Schabas, OC, MRIA, Director, Irish Centre for Human Rights
Caitlin Reiger, International Center for Transitional Justice

• To what extent do the procedures developed for international tribunals reflect existing civil or common law procedure or are they a departure from both?
• How can processes in the civil law and the common law for truth-finding (and for reconciliation) be combined in criminal procedures (and punishments)?

• To what extent have procedural practices and developments in international tribunals had an impact on the domestic jurisdictions concerned?

Reports from the Floor:

Susana Oromí Vall-llovera, Spain

Guillermo Ormazabal, Spain

C – Convergence in Other Contexts

Panel I - Convergence at the Interstices of Substance and Process

Sean Rehaag, Osgoode Hall Law School (moderator)

Chaim Saiman, Villanova Law School, The Distribution of Doctrinal Complexity Across Common Law Systems
James Maxeiner, University of Baltimore, It's the Law - the Missing Measure of Civil Law/Common Law Convergence
Baosheng Zhang, China University of Political Science and Law, Evidence Reform in China
Burt Neuborne, NYU School of Law, Toward Common Procedures in Seeking Compensatory Relief for Vioation of Core Aspects of Customary International Law: The Experience of the Holocaust Cases

Panel II - Convergence in "Dispute Resolution" Processes

Erik Knutsen, Queen's University (moderator)

Richard Marcus, Hastings College of the Law, Exceptionalism and Convergence: Form v. Content and Categorical Views of Procedure
Peter Murray, Harvard Law School, Mediation and Civil Justice: A Public-Private Partnership
Edward F Sherman, Tulane Law School, Judicial Supervision of Fees in Aggregate Litigation: The Vioxx American Example and Civil Law Comparisons
Déirdre Dwyer, Oxford University, Categories of English Civil Procedure

Country Studies from Beyond the Divide

A – Mixed Jurisdictions: South Africa, Canada, Israel

Thomas O Main, University of the Pacific, McGeorge School of Law (moderator)
Pamela Jane Schwikkard, University of Cape Town Faculty of Law
The Hon Allan Lutfy, Chief Justice, Federal Court (Canada)
Celia Fassberg, Hebrew University of Jerusalem Faculty of Law

• Are mixed jurisdictions charting a path for both civil and common law systems?

B – Jurisdictions in Transition: Russia, China, Croatia
Ada Pellegrini, Faculdade de Direito da Universidade de Sao Paulo, (moderator)
Dmitry Maleshin, Lomonosov Moscow State University Law Faculty
Margaret Woo, Northeastern University School of Law
Alan Uzelac, University of Zagreb Faculty of Law

• Are procedural reforms supporting economic or political transition taking legal systems closer to common law or civil law?
• Are jurisdictions in transition developing a new blend of practices that is better described in other ways?

Reports from the Floor

Julio Sigüenza López, A Government Bill that Chanages How Justice is Administered in Spain