Issue 1 (2) of 2019 contains very interesting and insightful research articles from Croatia, Lithuania, Poland, Germany and Ukraine according to the specific area of the Journal scope.
The current reforms in civil justice continue, directing to the best practices in rights’ protection and access to justice, as well as alternative disputes resolution, which are a very effective way to find the compromise between parties. Therefore, this Issue is opened by a brilliant essay written by Alan Uzelac, dedicated to the current state of affairs regarding challenges to investor-state arbitration in Europe, in particular, the new policy of the European Commission to move away from arbitration in investor-state disputes under international trade treaties, and the aftermath of the decision of the CJEU in the Achmea case in which the Court found that ISDS clauses in the bilateral investment treaties violate European law.
Tadeusz Zembrzuski`s article is related to the extraordinary complaint in civil proceedings in Poland, which was introduced as a new legal measure allowing rebuttal of final judgments and terminating respective proceedings. The possible consequences connected with the new instrument of procedural law in Poland were summarised by the author.
The most important features of Lithuanian Civil Procedure were examined by Vigita Vėbraitė in her article, in particular, the electronification of civil justice, the preparatory stage of civil proceedings as well as the group action as one of examples of unsuccessful reforms of Lithuanian civil justice.
Access to justice in small claims as a novel of Ukrainian procedural reform was assessed by Nazar Panych, in particular, the purpose and principles of small claims procedure, problems of claim’s value definition, consideration and representation of the parties etc. The comparative analysis presented in this research gives us grounds for reflexions concerning the successfulness of judiciary and procedural reform in Ukraine.
Unfortunately, different approaches to the Ukrainian law are implemented by the courts when it comes to the nullity of transactions. In Iryna Dzera’s essay the legal nature and grounds of nullity of transactions were analyzed according to the civil legislation of Ukraine and modern civil law doctrine achievements and the correlation between invalid, void and illegal transactions is set.
TABLE OF CONTENTS
About Issue 1/2019
Why Europe Should Reconsider its Anti-Arbitration Policy in Investment Disputes
Extraordinary Complaint in Civil Proceedings under Polish Law
Some Important Features of Lithuanian Civil Procedure
Access to Justice as Illustrated by the Institute of Small Claims: an Assessment of the Procedural Law Reform in Ukraine