Patricia Zivkovic - Academia.edu (original) (raw)

Papers by Patricia Zivkovic

LAW IN THE AGE OF MODERN TECHNOLOGIES

The paper aims at providing an overview of the issues raised by algorithmic discrimination, and t... more The paper aims at providing an overview of the issues raised by algorithmic discrimination, and the key contributions proposed in the literature to address them. It is intended to be used as a starting point for those interested in approaching the topic for the first time or as a syllabus for the students taking the Erasmus+ Strategic Partnership MOOC “Time to Become Digital in Law”. First, the contribution will outline what algorithms are and what we consider algorithmic bias and what are its causes. Second, it will investigate the ethical and social implications of algorithmic bias. Then, the paper will focus on how existing laws and regulations can be applied to algorithmic discrimination. This contribution will focus in particular on the two branches of law that have been identified in the literature as the most relevant in this context: anti-discrimination law and data protection law. The work will outline their potentialities and limitations, presenting some proposals advanced...

ICSID Review - Foreign Investment Law Journal, 2020

Comenius University, 2014

Transnational Dispute Management, 2018

Social Science Research Network, Feb 17, 2015

Third party funding is a new industry which provides financial support to parties in litigation a... more Third party funding is a new industry which provides financial support to parties in litigation and arbitration proceedings. The full variety of its implications on international commercial arbitration is yet to be seen. For that reason national courts, arbitral tribunals and doctrine are widely dealing with its repercussions on arbitration proceedings. In order to contribute to this wide discussion, this paper focuses on one particular aspect within the arbitration proceedings influenced by a third party funding: responsibility for payment of adverse costs in cases involving impecunious claimants. The problem presented in this paper is whether, in case where the claimant cannot cover the costs, the third party funder should be responsible for the successful adverse party's costs, and on which legal basis? The two parts of the paper analyze the possibilities for such funder's responsibility at two stages of the proceedings: (1) at the stage of a final award and (2) during the proceedings when the security for costs may be sought. The analysis encompasses the court practice and national arbitration laws from several jurisdictions (the United States, the United Kingdom and Germany), the arbitration rules of two leading arbitration institutions (ICC Rules, LCIA Rules), as well as arbitral practice, in order to predict possible issues and illustrate available solutions.

SSRN Electronic Journal, 2013

The author compares floating security interest under three jurisdictions: US, English and Croatia... more The author compares floating security interest under three jurisdictions: US, English and Croatian. The article introduces the genesis of the floating security interest, its creation, and, most importantly, the priority rules under these three jurisdictions according to which floating security interests will be ranked among secured claims in enforcement or bankruptcy proceedings. Croatia has introduced floating security interest by the Law on the Registry of Court and Public-Notary Security Interests on Movables and Rights in 2006. In this article it will be shown how the introduction of this new security device affected the German model of the secured transactions which Croatia initially adopted and which still prevails in its legal system.

The paper is focused on the protection of the right to a fair trial under Article 6(1) of the Eur... more The paper is focused on the protection of the right to a fair trial under Article 6(1) of the European Convention on Human Rights in the arbitration proceedings. The topic is narrowed down to situations in which the parties to arbitration agreement become impecunious and cannot afford the costs of arbitration proceedings. The suspension or termination of these proceedings, which follows when parties do not pay the required advance on costs, leaves the parties without the forum before which they can vindicate their rights. Moreover, in case of impecunious respondents who participate in arbitration without necessary funds, the right to be heard can be violated. Since arbitration agreements are considered to be a waiver of the right of access to court under Article 6(1), the question is whether subsequent financial incapacity of either of the parties can and should lift such a waiver. The paper analyses both the jurisprudence of the European Court for Human Rights and of the national c...

Third party funding is a new industry which provides financial support to parties in litigation a... more Third party funding is a new industry which provides financial support to parties in litigation and arbitration proceedings. The full variety of its implications on international commercial arbitration is yet to be seen. For that reason national courts, arbitral tribunals and doctrine are widely dealing with its repercussions on arbitration proceedings. In order to contribute to this wide discussion, this paper focuses on one particular aspect within the arbitration proceedings influenced by a third party funding: responsibility for payment of adverse costs in cases involving impecunious claimants. The problem presented in this paper is whether, in case where the claimant cannot cover the costs, the third party funder should be responsible for the successful adverse party’s costs, and on which legal basis? The two parts of the paper analyze the possibilities for such funder’s responsibility at two stages of the proceedings: (1) at the stage of a final award and (2) during the procee...

LSN: Bankruptcy (Topic), 2015

The article contains the comparative snapshots of national laws and courts’ decisions which deal ... more The article contains the comparative snapshots of national laws and courts’ decisions which deal with the effects of bankruptcy on international arbitration. These effects are severe and they may affect the arbitrability of a dispute, the conduct of arbitration, or the validity of an arbitration agreement. They stem from the conflict of the underlying policies of the two procedures: bankruptcy and arbitration. While arbitration is based on the principle of parties’ autonomy and privity, and it supposes the decentralization of the forum, bankruptcy proceedings are judicial, collective, and centralized. This conflict is usually left to be resolved at the national level, which results in the lack of uniformity of solutions at the international level, and consequently there is no predictability for the parties involved in international arbitration. The author provided an overview and a critical analysis of the determination of the law applicable to the effects of bankruptcy on arbitrati...

Arbitration is a privately funded dispute resolution mechanism. When concluding the arbitration a... more Arbitration is a privately funded dispute resolution mechanism. When concluding the arbitration agreement, the parties usually agree to pay the advance on costs, which is calculated in accordance with a predictable cost schedule for the calculation of the arbitrator’s fees and administrative charges, and at the same time they are expected to fund their attorney’s fees. Since without the payment of the advance, or the sufficient funds for legal representation, the parties’ claims will not be heard at all, or the principle on the equality of the parties may be disturbed, the financial incapacity of either of the parties may severely jeopardize their due process rights. This paper analyses the aftermath of the impecuniosity of the parties in arbitration, depending on the procedural position of an impecunious party in an arbitral proceeding. The analysis is based on the comparison of national courts’ practice in Germany, Austria, Hungary, England and Wales, France, and Portugal.

The author compares floating security interest under three jurisdictions: US, English and Croatia... more The author compares floating security interest under three jurisdictions: US, English and Croatian. The article introduces the genesis of the floating security interest, its creation, and, most importantly, the priority rules under these three jurisdictions according to which floating security interests will be ranked among secured claims in enforcement or bankruptcy proceedings. Croatia introduced floating security interest by the Law on the Registry of Court and Public-Notary Security Interests on Movables and Rights in 2006. In this article it will be shown how the introduction of this new security device affected the German model of the secured transactions which Croatia initially adopted and which still prevails in its legal system. Key words: floating charge, floating lien, floating security interest, secured transactions

Arbitration is a privately funded dispute resolution mechanism. When concluding the arbitration a... more Arbitration is a privately funded dispute resolution mechanism. When concluding the arbitration agreement, the parties usually agree to pay the advance on costs, which is calculated in accordance with a predictable cost schedule for the calculation of the arbitrator's fees and administrative charges, and at the same time they are expected to fund their attorney's fees. Since without the payment of the advance, or the sufficient funds for legal representation, the parties' claims will not be heard at all, or the principle on the equality of the parties may be disturbed, the financial incapacity of either of the parties may severely jeopardize their due process rights. This paper analyses the aftermath of the impecuniosity of the parties in arbitration, depending on the procedural position of an impecunious party in an arbitral proceeding. The analysis is based on the comparison of national courts' practice in Germany

The paper is focused on the protection of the right to a fair trial under Article 6(1) of the Eur... more The paper is focused on the protection of the right to a fair trial under Article 6(1) of the European Convention on Human Rights in the arbitration proceedings. The topic is narrowed down to situations in which the parties to arbitration agreement become impecunious and cannot afford the costs of arbitration proceedings. Suspension or termination of these proceedings, which follows when parties do not pay the required advance on costs, leaves the parties without the forum before which they can vindicate their rights. Moreover, in case of impecunious respondents who participate in the arbitration without necessary funds the right to be heard can be violated. Since arbitration agreements are considered to be a waiver of a right of access to court under Article 6(1), the questions is whether subsequent financial incapacity of either of the parties can and should lift such waiver. The paper analyses both the jurisprudence of the European Court for Human Rights and of the national courts dealing with this matter.

Third party funding is a new industry which provides financial support to parties in litigation a... more Third party funding is a new industry which provides financial support to parties in litigation and arbitration proceedings. The full variety of its implications on international commercial arbitration is yet to be seen. For that reason national courts, arbitral tribunals and doctrine are widely dealing with its repercussions on arbitration proceedings. In order to contribute to this wide discussion, this paper focuses on one particular aspect within the arbitration proceedings influenced by a third party funding: responsibility for payment of adverse costs in cases involving impecunious claimants. The problem presented in this paper is whether, in case where the claimant cannot cover the costs, the third party funder should be responsible for the successful adverse party’s costs, and on which legal basis? The two parts of the paper analyze the possibilities for such funder’s responsibility at two stages of the proceedings: (1) at the stage of a final award and (2) during the proceedings when the security for costs may be sought. The analysis encompasses the court practice and national arbitration laws from several jurisdictions (the United States, the United Kingdom and Germany), the arbitration rules of two leading arbitration institutions (ICC Rules, LCIA Rules), as well as arbitral practice, in order to predict possible issues and illustrate available solutions.

LAW IN THE AGE OF MODERN TECHNOLOGIES

ICSID Review - Foreign Investment Law Journal, 2020

Comenius University, 2014

Transnational Dispute Management, 2018

Social Science Research Network, Feb 17, 2015

SSRN Electronic Journal, 2013

Third party funding is a new industry which provides financial support to parties in litigation a... more Third party funding is a new industry which provides financial support to parties in litigation and arbitration proceedings. The full variety of its implications on international commercial arbitration is yet to be seen. For that reason national courts, arbitral tribunals and doctrine are widely dealing with its repercussions on arbitration proceedings. In order to contribute to this wide discussion, this paper focuses on one particular aspect within the arbitration proceedings influenced by a third party funding: responsibility for payment of adverse costs in cases involving impecunious claimants. The problem presented in this paper is whether, in case where the claimant cannot cover the costs, the third party funder should be responsible for the successful adverse party’s costs, and on which legal basis? The two parts of the paper analyze the possibilities for such funder’s responsibility at two stages of the proceedings: (1) at the stage of a final award and (2) during the procee...

LSN: Bankruptcy (Topic), 2015

The author compares floating security interest under three jurisdictions: US, English and Croatia... more The author compares floating security interest under three jurisdictions: US, English and Croatian. The article introduces the genesis of the floating security interest, its creation, and, most importantly, the priority rules under these three jurisdictions according to which floating security interests will be ranked among secured claims in enforcement or bankruptcy proceedings. Croatia introduced floating security interest by the Law on the Registry of Court and Public-Notary Security Interests on Movables and Rights in 2006. In this article it will be shown how the introduction of this new security device affected the German model of the secured transactions which Croatia initially adopted and which still prevails in its legal system. Key words: floating charge, floating lien, floating security interest, secured transactions

Arbitration is a privately funded dispute resolution mechanism. When concluding the arbitration a... more Arbitration is a privately funded dispute resolution mechanism. When concluding the arbitration agreement, the parties usually agree to pay the advance on costs, which is calculated in accordance with a predictable cost schedule for the calculation of the arbitrator's fees and administrative charges, and at the same time they are expected to fund their attorney's fees. Since without the payment of the advance, or the sufficient funds for legal representation, the parties' claims will not be heard at all, or the principle on the equality of the parties may be disturbed, the financial incapacity of either of the parties may severely jeopardize their due process rights. This paper analyses the aftermath of the impecuniosity of the parties in arbitration, depending on the procedural position of an impecunious party in an arbitral proceeding. The analysis is based on the comparison of national courts' practice in Germany

The paper is focused on the protection of the right to a fair trial under Article 6(1) of the Eur... more The paper is focused on the protection of the right to a fair trial under Article 6(1) of the European Convention on Human Rights in the arbitration proceedings. The topic is narrowed down to situations in which the parties to arbitration agreement become impecunious and cannot afford the costs of arbitration proceedings. Suspension or termination of these proceedings, which follows when parties do not pay the required advance on costs, leaves the parties without the forum before which they can vindicate their rights. Moreover, in case of impecunious respondents who participate in the arbitration without necessary funds the right to be heard can be violated. Since arbitration agreements are considered to be a waiver of a right of access to court under Article 6(1), the questions is whether subsequent financial incapacity of either of the parties can and should lift such waiver. The paper analyses both the jurisprudence of the European Court for Human Rights and of the national courts dealing with this matter.

Third party funding is a new industry which provides financial support to parties in litigation a... more Third party funding is a new industry which provides financial support to parties in litigation and arbitration proceedings. The full variety of its implications on international commercial arbitration is yet to be seen. For that reason national courts, arbitral tribunals and doctrine are widely dealing with its repercussions on arbitration proceedings. In order to contribute to this wide discussion, this paper focuses on one particular aspect within the arbitration proceedings influenced by a third party funding: responsibility for payment of adverse costs in cases involving impecunious claimants. The problem presented in this paper is whether, in case where the claimant cannot cover the costs, the third party funder should be responsible for the successful adverse party’s costs, and on which legal basis? The two parts of the paper analyze the possibilities for such funder’s responsibility at two stages of the proceedings: (1) at the stage of a final award and (2) during the proceedings when the security for costs may be sought. The analysis encompasses the court practice and national arbitration laws from several jurisdictions (the United States, the United Kingdom and Germany), the arbitration rules of two leading arbitration institutions (ICC Rules, LCIA Rules), as well as arbitral practice, in order to predict possible issues and illustrate available solutions.