Papers by Petra Hietanen-Kunwald
As the revision process of Brussels I Regime has focused on the abolition of exequatur procedures... more As the revision process of Brussels I Regime has focused on the abolition of exequatur procedures, the interface between the Regulation and arbitration has been mostly a side note. Regardless of the fact that the systems of the Brussels I Regime and arbitration are two separate autonomous systems, overlapping issues arise. These interfaces have been discussed in the case-law of ECJ and later during the revision process. In the end, recitals elaborating the interface were added to the preamble of the Regulation, but no changes to the arbitration exclusion were introduced. The recital 12 aims to clarify how the arbitration exclusion adopted in the Regulation should be interpreted in the future. However, future case-law of ECJ is elemental to define the full meaning of the recitals.
International and Comparative Law Review, 2020
Summary Fairness and empowerment are aspirational concepts in law. The scientific and professiona... more Summary Fairness and empowerment are aspirational concepts in law. The scientific and professional legal community has not convened on their substance and the ways they can be achieved. Therefore, there is an inherent risk that the values they entail become lip services that lack determination and reliability. This section addresses the problem revisiting and expanding the Taxonomy of Legal Usability and User Experience Factors, one of the first attempts to synthetize parametric standards for transaction design. The paper adds factors and criteria that operationalise procedural legitimacy principles for transacting that increase the proactive capacities of contracting activities to prevent and/or resolve disputes. It speaks of transactions as the smallest constitutive units of all exchange relations that allow upgrades, assuming that planning, negotiating and managing contracts, as well as other legally relevant products, services, interactions, processes and systems, will benefit f...
Sosiaaliturvan muutoksenhakulautakunta lainkäyttäjänä (2014) Sosiaaliturvan muutoksenhakulautakun... more Sosiaaliturvan muutoksenhakulautakunta lainkäyttäjänä (2014) Sosiaaliturvan muutoksenhakulautakunta lainkäyttäjänä : sovellukset (2015) Comparative Perspectives on Judicial Protection in Social Security Matters (2015) Sosiaaliasioiden muutoksenhakulautakunnat – riippumattomia tuomioistuimia vai hallinnon sisäisiä lainkäyttäjiä? Julkaisu ”Sosiaaliturva-asiat vakuutusoikeudessa” on edelleen kirjoitettavana, se rahoitetaan osaksi kehityshankkeesta. Tutkimushankkeen julkaisut ovat ilmestyneet tutkimusyksikön kirjasarjassa. Ne ovat ladattavissa ja luettavissa yksikön kotisivulta (COMI/julkaisut). Yhteenveto tutkimushankkeesta on ilmestynyt artikkelina ”Mainettaan paremmat muutoksenhakulautakunnat” teoksessa ”Sosiaaliset oikeudet – näkökulmia perustaan ja toteutumiseen” (2017 ss. 180-196).
This position paper focuses on responsibility and responsiveness as two core attributes of trustw... more This position paper focuses on responsibility and responsiveness as two core attributes of trustworthy and desirable technology-based dispute resolution systems. It discusses some measurability dimensions that could operationalize their application in the design of processes within those systems that are consistent with the current regulatory and institutional ADR frameworks, and discusses the risks of a hurried increase in computational power, in the absence of procedural fairness and built-in proactive conflict management features.
worked on several projects of the Conflict Management Institute (COMI) and the University of Hels... more worked on several projects of the Conflict Management Institute (COMI) and the University of Helsinki which broadened my view on dispute resolution and civil justice systems. The research project on dispute resolution in social security matters financed by Kela required me to look at the basic structures and principles of judicial justice systems in general. The study on out-of-court settlement mechanisms in transnational labour disputes and discussions with Professor Niklas Bruun confronted me with the limitations of alternative dispute resolution. Besides these research projects, I had the opportunity to work on integrating mediation into a training program for legal psychology-thank you Docent Julia Korkman for your broadmindedness. I would like to thank the many friends who have supported me in this project, especially Ms Nina Arkilahti and Dr Kari-Pekka Syrjä who showed me the way into the dissertation and supported me when finalizing it. I have always used different ways to balance my professional life. For the utmost support in this respect, I thank Super Ted for letting me forget everything and for making me believe that I can fly. I count myself incredibly fortunate to have a wonderful family that keeps me busy and focused on what is truly important. They are the ones with whom I can retreat, gain energy and feel sincerely loved. I dedicate this book to you, Lauri, Santeri and Kari. Thank you for sharing this life with me.
n: Verantwortungsbewusste Digitalisierung / Responsible Digitalization: Tagungsband des 23. Internationalen Rechtsinformatik Symposions IRIS 2020 / Proceedings of the 23rd International Legal Informatics Symposium IRIS 2020, 2020
This position paper focuses on responsibility and responsiveness as two core attributes of trustw... more This position paper focuses on responsibility and responsiveness as two core attributes of trustworthy and desirable technology-based dispute resolution systems. It discusses some measurability dimensions that could operationalize their application in the design of processes within those systems that are consistent with the current regulatory and institutional ADR frameworks, and discusses the risks of a hurried increase in computational power, in the absence of procedural fairness and built-in proactive conflict management features.
Journal of Strategic Contracting and Negotiation
Research shows that strategic dispute resolution and early intervention reduce direct and indirec... more Research shows that strategic dispute resolution and early intervention reduce direct and indirect costs of conflicts. Minimal costs are involved in preventing and de-escalating disputes, compared with the costs of arbitration and litigation, for example. In this context, the traditional view of contracts as legal documents or reactive enforcement mechanisms is too narrow. Contracts can be used proactively, ex ante, too, enhancing the parties’ chances of success and preventing unnecessary problems. In Europe, this is part of what is known as Proactive Law; in the US, Preventive Law. On both sides of the Atlantic, it can also be framed as practicing proactive contracting or proactive contract design. Well-designed contracting processes and documents can prevent misaligned expectations and disappointments so that unnecessary disputes can be avoided. Early intervention methods of dispute resolution, such as mediation, can be used to de-escalate the dispute and promote cooperation. Alon...
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Papers by Petra Hietanen-Kunwald