• Abstract

    Jurisdiction Basis in Cross-border Tourist-Consumer Protection Matters in Borderless Global Tourism Market in the E-commerce Era: A comparative Analysis of China, the EU and the USA

    Zhen Chen
    University of Groningen
    China

    Saturday, 14 September – 9:00 am
    Room V U107, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich

    Protecting foreign tourists is a brand-new issue in private international law in China, which is extremely significant under the One Belt One Road Initiative (OBOR or B&R initiative or BRI). OBOR initiative will inevitably promote the development of Silk Road tourism, and accordingly, an increasing amount of foreign-related tourism disputes will arise. Meanwhile, Silk Road tourism is faced with the fast-changing technology and increasingly-popularized internet usage, E-tourism is imposing new challenges on the traditional legal rules and regulations. Additionally, cross-border tourist-consumers nowadays are travelling in a borderless global tourism market in terms of the diversity and sophiscation of tour activity participants, ranging from international travel agents, airlines, hotels to cruise lines.

  • Abstract

    Conflict of Laws in Blockchain-Based Crypto-Assets 

    Prof. Koji Takahashi
    Doshisha University, Kyoto
    Japan

    Thursday, 12 September – 4:00 pm
    Room V U107, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich

    This paper will consider a range of choice-of-law issues arising from crypto-assets on blockchains.

    (1) Contractual issues. Suppose that a contract is concluded pursuant to which bitcoins are offered to purchase goods. Given that cryptocurrencies are not a fiat currency and might not be seen as goods, is that contract to be characterised as a “sale of goods”, a “barter of goods”, or a “barter of service for goods” for the choice-of-law purposes? Aside from the question of characterization, blockchains will not raise particularly difficult choice-of-law questions in contract since party autonomy is almost universally adopted.

  • Abstract

    Recognition and Enforcement of International Mediation Settlement Agreements
    under the relevant Hague Commercial Conventions

    Hikari Saito
    Kobe University
    Japan

    Saturday, 14 September – 11:00 am
    Room V 005, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich

    International commercial mediation has become an attractive dispute resolution mechanism for business people. Moreover, an increasing number of states have adopted, or will adopt, the rules to promote mediation and conciliation in the course of court proceedings. However, the possibility of recognition and enforcement of mediation settlement agreements approved by a court or concluded in the course of court proceedings has not been researched well. To analyse this possibility, these two instruments are relevant: the Hague Convention on Choice of Court Agreements, and the draft Hague Convention on Recognition and Enforcement of Foreign Judgments.