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Anne-Kristin Piplica, German Embassy; Patryk Kulig, DIS; Dr. Stefan Pürner, IRZ Serbia
On 12 December 2019, another practical seminar on arbitration took place in Belgrade. The seminar was organised jointly by the German-Serbian Chamber of Commerce, the German Institute of Arbitration (DIS) and the IRZ.
The seminar was opened by Doris Danilovic from the German-Serbian Chamber of Commerce, Patryk Kulig from the DIS and lawyer Dr. Stefan Pürner from the IRZ. Afterwards, Anne-Kristin Piplica, Head of Economic Affairs at the German Embassy, gave a welcome speech. She also underlined the importance of supporting Germany as a place of arbitration for the German government. She also confirmed that the series of events, which have been taking place for more than five years, creates a powerful synergy effect thanks to the long-term cooperation between the three organisers.
The speeches were given by:
Patryk Kulig: “Efficient case management and the early closure of arbitration proceedings – advantages and/or disadvantages”
Prof. Dr. Tibor Varady: “The significance of language for the checking of arbitration awards by the court”
As Case Manager and Counsel at the DIS, Patryk Kulig stressed in particular the concept of DIS regulations, according to which the arbitration court can, with the agreement of the parties, give a preliminary assessment of the factual and legal situation in order to encourage consensual dispute resolution.
Prof. Dr. Tibor Varady, a former Minister of Justice of Yugoslavia and a renowned expert on arbitration for many years, presented a lot of practical cases during his lecture, in which the decisions of arbitration courts had been later challenged because they had supposedly violated the written agreements relating to the language of the proceedings.
The cases related in particular to the loss of the right to appeal to the original agreement, if one engages in the communication in a language, without objections, that is very closely related to one’s own native language.
As is usually the case for this series of events, lawyers, company lawyers and other company employees took part in this seminar. This composition of participants in the event helped to ensure that the seminar topics were discussed intensively and were complemented by detailed case examples.
On 6 December 2019, a joint event was held in Belgrade between the Law Faculty, the Institute of Comparative Law and the IRZ to present the latest issue of the KoPra journal. The newspaper “Kontinentalno pravo – časopis za održiv i skladan razvoj prava” (Continental law - journal for lasting and practical legal development) is published by the IRZ in partnership with Serbian legal experts. The KoPra journal presents the shared continental European heritage in the laws of South-East European states and Germany, provides ideas for the suitable and workable further development of the law in harmony with this tradition and with social conditions and pinpoints any undesirable developments because of hybrid laws.
The latest edition features the following articles:
Models for modern criminal proceedings: Germany or USA? (Prof. Dr. Thomas Weigend)
The controversial system for the presentation of evidence by parties in accordance with the Serbian Code of Criminal Procedure (constitutional judge Prof. Dr. Milan Škulić)
Collective consumer complaints in Slovenia and Hungary (Prof. Dr. Dr. h.c. Herbert Küpper)
The official duties and general behavioural obligations of notaries (former notary and judicial advisor Richard Bock)
The clarification and reappraisal of National Socialist (in)justice in post-war Germany (lecturer Dr. Aleksandar Lj. Spasov)
The situation of the subordinated mortgagee in out-of-court recovery procedures (Prof. Dr. Miloš Zivković)
The English language and continental European law (Dr. Stefan Pürner)
Within the framework of the conference, Professor Dr. Dragor Hiber gave a lecture on the Latin notary’s office as a traditional continental European legal institution of preventive administration of justice. Professor Hiber gave the speech on behalf of Richard Bock, who wrote a journal article on the subject for the new edition of the KoPra. Professor Hiber talked, for example, about the requirements for the form of notarial powers created abroad. This is a highly significant issue, since many Serbs live in the diaspora and Serbian notary processes follow the Swiss model, according to which the principle of parallelism applies for a legal transaction and the powers created for this.
The second part of the event was devoted to a series of subjects celebrating the 70th anniversary of the Basic Law of Germany. The German-speaking judge at the Constitutional Court of Serbia, Prof. Dr. Milan Škulić, began by talking about “Constitutional Law and Criminal Law”, pointing out the huge significance of the standardisation of case law. Prof. Škulić and his colleague in civil law, Prof. Dr. Miloš Živković, make up the Serbian part of the KoPra reporting team.
In a second lecture on the subject, university assistant Eva Weinberg from Regensburg/Barcelona provided an overview of the role of the German Federal Constitutional Court, in which she talked about the differences between the national role and the relationship with the case law of the European Court of Justice. Eva Weinberg presented the role of the German Federal Constitutional Court by means of new resolutions on the “Right to be forgotten”, which is still little known in Serbia.
Short presentations by the younger Serbian experts in constitutional law, Dr. Miloš Stanić (“Valuable German experience with regard to constitutional complaints”) and Mirsoslav Djordjević (“The culture of the Basic Law and the role of the Federal President”) rounded off the spectrum of contributions. Both experts gave their lectures in German.
As has been the case in the past, the participants also made the most of the opportunity for discussion and exchange at this event.
The KoPra newspaper is also available for download from the website. You can also find short editions of the journal containing the table of contents, the full editorial and abstracts of individual articles translated into German.
The Konrad Adenauer Foundation scholarship students during their visit with Dr. Stefan Pürner (centre) Multilateral
On 25 November 2019, a group of German and foreign students, who are at the University of Bonn on a scholarship from the Konrad Adenauer Foundation, visited the IRZ to learn about its activities as part of their programme for the semester.
IRZ Head of Section Dr. Stefan Pürner gave a lecture and presented practical examples of the activities of the IRZ to introduce the students to the international legal advice provided by Germany. Afterwards, the guests made the most of the opportunity to ask questions and discuss various aspects.
The visit had been initiated by a young Serbian lawyer, Peter Brudar, who is currently working on his MA thesis on competition law issues in connection with algorithms in Bonn, with a grant from the Konrad Adenauer Foundation. During the round of introductions, Peter Brudar pointed out that he had predominantly acquired the necessary background knowledge to get his grant through the activities of the IRZ in his home country. Brudar graduated from the legal terminology course for German-speaking law professionals from Serbia, which has been organised jointly by the IRZ and the Law Faculty in Belgrade for more than a decade now. He has also attended the IRZ Summer School on German Law. As he emphasised during the visit, both measures allowed him to develop the ability to work on German law in the German language.
