Category Archives: Remedies and Procedure
Nazmul Hasan, ‘Quantum and Damages in International Commercial Arbitration: Causation, Valuation, Lost Profits and the Limits of Expert Evidence’
ABSTRACT Damages are often the point at which international commercial arbitration moves from legal principle to economic consequence. Yet quantum is frequently treated as a technical appendix to liability rather than as a distinct adjudicative exercise governed by causation, remoteness, certainty, mitigation and the compensatory principle. This article develops an integrated framework for assessing quantum […]
Nuno Pires Salpico, ‘Compensation Under the GDPR: Does Data Protection Law Require Damage – and Where to Find It?’
Uncertainty still hangs over the private enforcement of the GDPR, particularly with regard to the right to compensation. More recently, the CJEU has increasingly been called upon to clarify issues concerning the application of Art 82 GDPR. Yet, this debate remains open: the concept of damage, the criteria for its assessment, and the boundaries between […]
Hilary Young, ‘The Suitability of Defamation Actions to Small Claims Adjudication’
ABSTRACT Small claims courts aim to improve access to justice by creating quicker, less formal modes of adjudication. Typically, defamation claims have been excluded from small claims courts’ jurisdiction in common law countries, though Ontario is an exception. This article examines the suitability of small claims adjudication of defamation actions and is grounded in both […]
Janssen, Bekker and Van Den Bos, ‘The pre-dispute phase up close: experiences of visitors to Dutch legal aid centres’
ABSTRACT Given indications of rising challenges for marginalized citizens in the pre-dispute phase of civil procedures, we studied this phase up close at Dutch legal aid centres using the framework of William Felstiner et al on naming, blaming, and claiming. Interviews were conducted with 116 visitors to these centres. We asked them when and why […]
Myriam Gilles, ‘Procedural Individuation’
ABSTRACT From climate change to platform monopolies to systemic discrimination, the defining injuries of modern life are collective in nature. Yet American procedural law increasingly insists on individualized harm, individualized proof, and individualized adjudication. Across doctrines once understood as distinct – standing, class certification, arbitration, pleading, remedies, and preclusion – federal courts are converging around […]
Wickelgren and Ayres, ‘An Economic Analysis of Contractual Conditions’
ABSTRACT Law and economics has produced a vast literature on the efficient design of contract damages, but almost none on the defensive counterpart to damages: the contractual condition that lets a promisee withhold its own performance when the performance it was promised falls short. This article supplies that missing analysis. Contracts protect entitlements through a […]
Call for Papers: Anti-SLAPP Law in Canada and Beyond: University of New Brunswick, 17-18 June 2027
The theme of the conference is to assess the effectiveness of Canada’s anti-SLAPP laws and to draw lessons from the Canadian experience for other jurisdictions. As one of the earlier jurisdictions to adopt anti-SLAPP legislation, the strengths and weaknesses of Canada’s laws are becoming apparent, providing lessons for jurisdictions that have recently adopted anti-SLAPP legislation […]
Alexandra Klass, ‘Building Judicial Narratives for Climate Accountability Litigation’
ABSTRACT It has been nearly ten years since the first climate accountability lawsuits were filed by state and local governments against major oil and gas companies and their trade association, the American Petroleum Institute, seeking damages and/or civil penalties for deception and other harms associated with greenhouse gas (GHG) emissions. If any of these climate […]
Richard Frankel, ‘The Mass Arbitration Illusion’
ABSTRACT Mass arbitration has emerged as the latest battleground in the ongoing tug-of-war between corporations and their consumers and employees regarding binding mandatory arbitration clauses. After businesses succeeded in shielding themselves from liability by using mandatory arbitration clauses to ban class actions, plaintiffs struck back. By filing large numbers of individual arbitrations against a corporate […]
Joshua Yuvaraj, ‘Opening the Floodgates? AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2′
ABSTRACT In AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2, the High Court of Australia overturned a longstanding principle that prevented the application of non-delegable duties to acts of intentional wrongdoing. This shift in the common law meant that a Catholic Diocese could be found liable for […]