Bucerius Law School once again thanks Prof. Dr. Stefan Kröll and Prof. Christopher Bisping for being part of our renowned faculty. Many Bucerius Master of Law and Business students attended their inaugural lectures on January 18, 2023.
Lecture: Professor Kröll
The Protection of the Public Interest in Arbitration: Limits to the Enforcement of Arbitration Agreements and Award.
The primary instruments to protect the public interests in arbitration have traditionally been arbitrability and public policy. The former already prevents the enforceability of arbitration agreements, while public policy has at least in Germany played a role primarily at the post award stage. The application of both concepts is generally considered to be a good indicator of the arbitration-friendliness of a jurisdiction.
In 2022 both the German Supreme Court as well as the Constitutional Court had to deal with the perennial problem of finding the right balance between party autonomy on the one hand and public interest on the other hand. In light of these decisions the talk will take a fresh look at the interplay between the conflicting principles.
Lecture: Professor Bisping
Über den Wolken - The Montreal Convention in the jurisdiction of the European Court of Justice
In a series of recent judgments, the ECJ has authoritatively answered several key questions around the air carrier’s liability for personal injury or death of a passenger. The judgments are often contrary to the established position in the Member States or third states, as well as academic commentary, and, surprisingly, lack engagement with those opposing views.
The aim of harmonious interpretation of loi uniforme is thereby undermined and the interests of the passengers, contrary to the system of the Convention, given greater prominence than those of the air carrier. A better approach how to address the divergent interests of passenger and carrier will be developed in this lecture.