Hague Conference - Electronic Commerce and the Internet
on the Questions of Private International Law
raised by Electronic Commerce and the Internet
Hague Conference on Private International Law
Geneva 2, 3 and 4 September 1999
DETAILED PROGRAMME
The working languages will be English and French, without simultaneous translation during the commissions’ work. If necessary, the commissions may work in only one of the languages. There will be simultaneous translation for the two plenaries.
Thursday 2 September 1999
Moderator: Ms Monique Jametti Greiner, Ministry of Justice, Switzerland,*
Afternoon (2 p.m.)
First plenary session
Welcome by a Representative of the Rectorat or of the University of Geneva
Welcome by Hans van Loon, Secretary General of the Hague Conference on Private International Law
General introduction on legal aspects concerning the subject matter, by Dean Henry H. Perritt, Jr., Chicago-Kent College of Law and Prof. Catherine Kessedjian, Deputy Secretary General of the Hague Conference on Private International Law
Introduction on the working method, function of the commissions, distribution of the experts among the commissions
Introduction on the work of the commissions by the rapporteurs (see the names in the list below)
After the general presentations, each commission will meet for approximately one hour with a view to refining the working method and the documentation which is needed by the members.
In the evening, a dinner will be offered to all the participants.
Friday 3 September 1999
The commissions enumerated below will meet for the whole day in separate rooms assigned to them. If a commission finishes its work before the end of the day, it may allocate its members, if they so desire, to other commissions for participation in their work.
Commission I - Contracts
This Commission will work on all contracts, including consumer contracts, contracts with employees and banking contracts. The commission will examine both the issues on jurisdiction and on the law applicable, with the exclusion, however, of choice of court and choice of law clauses which will be examined separately by Commission III.
Moderator:Professor Andreas Bucher, University of Geneva
General Rapporteur:
Professor Katharina Boele-Woelki, University of Utrecht
assisted by Patrick Wautelet, University of Leuven
Rapporteur for Consumer Contracts:
Bernd Stauder, University of Geneva,
Commission II - Torts
This commission will examine all torts, including counterfeiting and unfair competition, i.e. torts committed in the field of intellectual property.
Moderator:
Mark Warner, OECD
Rapporteurs:
Cristina Gonzáles Beilfuss, University of Barcelona
Peter Mankowski, University of Osnabrück
Commission III - Choice of forum and choice of law
Moderator:
Renaud Sorieul, Lawyer at the UNCITRAL
Rapporteurs:
Professor Gabrielle Kaufmann-Kohler, University of Geneva
David Goddard, Attorney, Wellington
Special Rapporteur for US law:
Professor Margaret G. Stewart, Chicago-Kent College of Law
Commission IV - Law applicable to data protection
Moderator:
Gérald Page, Attorney in Geneva
Rapporteurs:
Mari M. Shaw, Attorney, USA
Ulf Bruehann, European Commission, DG XV (to be confirmed)
Commission V - Service abroad
This Commission will pay particular attention to the repercussions of the subject matter on the operation of the Hague Convention of 1965 on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters and on the Convention on the Service in the Member States of the European Union of Judicial and Extra-judicial Documents in Civil or Commercial matters.
Moderator:
Thomas Bischof
Rapporteurs:
Marie-Thérèse Caupain, Huissier, Vice-President UIHJ
Luc Claes, Huissier, Buxelles, UIHJ
Frederic A. Blum, National Association of Process Servers, Philadelphia
Commission VI - Taking of Evidence abroad
This Commission will pay particular attention to the repercussions of the subject matter on the Hague Convention of 1970 on the Taking of Evidence Abroad in Civil and Commercial Matters.
Moderator:
Patrick Bernard, Attorney in Paris
Rapporteurs:
Jan Hebly, Attorney in Rotterdam
Michael S. Baum, Verisign, USA
Commission VII - On-line dispute resolution, standards of procedure
Moderator:
Richard Allan Horning, Attorney, Palo Alto, USA
Rapporteurs:
Professor Helmut Rüssmann, University of Saarbrücken
Professor Ethan Katsh, University of Massachusetts, USA
Commission VIII - Group actions
The Commission’s analysis will include work on the European Directive of 18 May 1998 on injunctions for the protection of consumer interests.
Moderator:
to be determined
Rapporteur:
Professor Marc Fallon, University of Louvain-La-Neuve
On Friday 3 September, the participants are free to organise their own lunch and dinner.
During the evening of 3 September, the rapporteurs of the commissions, together with the members of the Permanent Bureau of the Hague Conference on Private International Law, will work with a view to drafting a final recommendation which will be discussed and considered for adoption by the plenary session on Saturday morning. This recommendation should be made available and distributed to the participants of the plenary session by early Saturday morning.
Saturday 4 September 1999
9.30 a.m.:
Second plenary session
Moderator:
Dr David Bennett, QC, Solicitor General, Australia
From 9.30 a.m. to 11.00 a.m.:
One rapporteur per commission will present a report of approximately 10 minutes. These reports will be accompanied by the recommendations proposed by the relevant commission.
11.00 a.m. to 11.30 a.m.:
Pause
11.30 a.m to 1.00 p.m.:
Presentation, discussion and approval of the final recommendation
At 1.30 p.m., a buffet will be available for those who do not need to leave immediately.
on the Questions of Private International Law
raised by Electronic Commerce and the Internet
Hague Conference on Private International Law
As a sequel to the work already undertaken by the Hague Conference on private international law on the questions of Private International Law raised by Electronic Commerce and the Internet1, the Permanent Bureau, jointly with the University of Geneva, proposes to convene a round table which will meet from Thursday 2 September 1999 (2.00 p.m.) to Saturday 4 September 1999 (1.00 p.m.) in Geneva. The working languages will be English and French, with simultaneous translation for the two plenaries only.
This Round Table will bring together governmental experts and representatives of industry, operators and users. If possible, these groups will be represented in each commission.
The goal of the Round Table is to establish an inventory of legal needs in relation to civil and commercial transactions concluded on the Internet and to prepare recommendations for future work on these subjects.
In the afternoon of 2 September, a plenary session will be held, including a general introduction and a presentation of the questions to be submitted to the various commissions.
The entire day of 3 September will be allotted to the work of the commissions. The following commissions have been established:
Commission I - Contracts
Commission II - Torts
Commission III - Choice of forum and choice of law
Commission IV - Law applicable to data protection
Commission V - Service abroad
Commission VI - Taking of Evidence abroad
Commission VII - On-line dispute resolution, standards of procedure
Commission VIII - Group actions
A second plenary session will be held in the morning of 4 September. During this session, the reports and recommendations of the commissions will be heard and discussed and a general recommendation on future work will be considered for approval.
A detailed budget is available for interested persons or bodies.
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1 See the book edited by Katharina Boele-Woelki (University of Utrecht) and Catherine Kessedjian (Deputy Secretary General of the Hague Conference), «Internet: Which Court Decides? Which Law Applies? Quel tribunal décide, quel droit s'applique?», Kluwer Law International, The Hague 1998.