Conflict of Laws

JANUARY 27, 2022

Mariottini (Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law), The Singapore Convention on International Mediated Settlement Agreements: A New Status for Party Autonomy in the Non-Adjudicative Process.

Technology 98

Technology Legal Legal Government 98

Conflict of Laws

MAY 16, 2022

This contribution introduces the basic conceptions of the Model European Rules of Civil Procedure, which were affirmed by the European Law Institute, Vienna, and by UNIDROIT, Rome, in 2020.

Procedural Law 52

Procedural Law Legal Legal Finance 52

Conflict of Laws

NOVEMBER 2, 2021

The central topic of the present issue (Focus) is further elaborated by the contributions of Professor Spyros Tsantinis on the importance of private autonomy in European and international procedural law, and of Dr. Konstantinos Voulgarakis on the protection mechanisms in the case of choice of court agreements.

Procedural Law 52

Procedural Law Family Law Contract Court 52

Conflict of Laws

MAY 17, 2024

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. 10, 11 The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) .°09957

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Drafting Government Legal Legal 64

Conflict of Laws

NOVEMBER 13, 2021

1] In the same year, the SPC published the Civil Procedural Law Interpretation, which states that the parties can make agreement on the form of hearing, including virtual hearing utilizing visual and audio transfer technology. Between Feb and July 2020, courts in Beijing conducted average 1,300-1,500 virtual hearings per day.

Court 52

Court Litigation Litigating Technology 52

Patently O

MAY 10, 2022

4] A lot has happened in procedural law 1907. 1589, 1595 (2020). [2] The Supreme Court saw the subsequent lawsuit against Kessler’s customers as an affront to Kessler’s right to manufacture and sell as guaranteed by the non-infringement judgment. [4] Lucky Brand Dungarees, Inc. Marcel Fashions Grp., 3] Kessler v.

Manufacturing 58

Manufacturing Litigation Litigating Procedural Law 58

Conflict of Laws

JULY 14, 2022

According to Article 96 of Civil Procedure Law of China, in trying civil cases, a people’s court shall conduct mediation to the merits of case under the principle of voluntary participation of the parties and based on clear facts. What is a judicial mediation settlement.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. This fourth chapter summarises and analyses 19 Indonesian decisions from 2000 to 2020. A robust and clearly expressed methodology of doctrinal and empirical research is applied.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

FEBRUARY 26, 2024

On the other hand, for those countries that still lack in the department of digitalisation in law and legal system, this may serve as an incentive for further development in order to make cross-border procedure easier for all.

Technology 64

Technology Legal Legal Procedural Law 64

Conflict of Laws

MARCH 22, 2021

Readers of this blog may be interested in the book (in Chinese) entitled, The Development and Perfection of Chinese Inter-Regional Conflict of Laws: From the Perspective of the Achievements of Hague Conference on Private International Law. It should be noted that this book was published in early 2020.

Laws 52

Laws Legal Legal Procedural Law 52

Conflict of Laws

OCTOBER 3, 2024

This was reaffirmed in [……] in [the new] Article 222 of the Civil Procedure Law issued by Federal Decree-Law No. 968/2020 of 7 April 2021 ). the defendant’s residence in the UAE] does not grant exclusive jurisdiction to UAE courts to the exclusion of the foreign rendering court’s jurisdiction.

Court 75

Court Legal Legal Laws 75

Conflict of Laws

MAY 26, 2021

First, Shell stated that the claimants abused procedural law, because the claims against Royal Dutch Shall were ‘obviously bound to fail and for that reason could not serve as a basis for jurisdiction as provided in art. 6a, enabling a choice of law for victims of business-related human rights violations. 7(1) DCCP’ (at [3.1]

Litigation 52

Litigation Litigating Laws Court 52

InHouseOps

JUNE 13, 2022

Early on in 2020, the parties and counsel were somewhat skittish. In addition the seat dictates the procedural law of the arbitration and can be called into play when an issue arises that may not be covered in the arbitration rules and which national courts will have jurisdiction to deal with issues related to the arbitration process.

Punitive Damages 52

Punitive Damages Healthcare Drafting Technology 52

Conflict of Laws

JULY 9, 2021

Article 51 of the PRC Maritime Special Procedure Law provides that the maritime court may upon the application of a maritime claimant issue a maritime injunction to compel the respondent to do or not to do certain acts in order to protect the claimant’s lawful rights and interests from being infringed. [4] See Article 100, para.1

Court 52

Court Procedural Law Litigating Litigation 52

Conflict of Laws

FEBRUARY 15, 2022

Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. candidate at the University of Luxembourg, offers an analysis of the Spanish statistics on the European Small Claims Procedure. Against the 60 ESCPs issued in 2017, 172 were issued in 2020.

Court 98

Court Procedural Law Laws 98

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws. 2013) 39 Commonwealth Law Bulletin 333; Bamodu O., “In

Contract 98

Contract Cause of Action Court Laws 98

Conflict of Laws

SEPTEMBER 4, 2023

Nitschmann: The consequences of Brexit on Civil Judicial Cooperation between Germany and the United Kingdom The United Kingdom’s withdrawal from the European Union has far-reaching consequences for international civil procedure law. The OGH has found such exception in the Hague Convention 2005 on Choice of Court Agreements.

Procedural Law 69

Procedural Law Court Legal Legal 69

Conflict of Laws

NOVEMBER 23, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

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Drafting Laws Litigating Litigation 52

Conflict of Laws

DECEMBER 7, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

JUNE 10, 2021

1541 (2020). In 2020, Shanghai Yongrun brought an action against Kashi Galaxy and Xu in New York state court, seeking to have the Chinese judgment recognized and enforced. 7, 2020) , and a federal court in California concluded that “the Chinese court was an impartial tribunal.” judgments in China. See William S. Transnat’l L.

Court 52

Court Laws Court Decisions Government 52

Conflict of Laws

FEBRUARY 16, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. 187-214.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

FEBRUARY 17, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Blom, Joost.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

APRIL 20, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

SEPTEMBER 13, 2021

On Friday, 24 September 2021, the Max Planck Institute Luxembourg for Procedural Law will host the EFFORTS National Exchange Seminar for France and Luxembourg (online). This Project was funded by the European Union’s Justice Programme (2014-2020). Heidelberg, Zagreb, Vilnius, and the Free University of Brussels.

Procedural Law 52

Procedural Law Laws 52

Conflict of Laws

JANUARY 11, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. 187-214.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

JANUARY 18, 2024

If on the basis of question 1a (and/or 1b) not only one but several internally competent judges in the relevant Member State are designated, does Article 7, point 2, Brussels I bis then oppose the application of national (procedural) law that allows referral to one court within that Member State?

Court 78

Court Procedural Law Legal Legal 78

Conflict of Laws

JUNE 21, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

Drafting 40

Drafting Laws Litigating Litigation 40

Conflict of Laws

SEPTEMBER 28, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

Drafting 40

Drafting Laws Litigating Litigation 40

Conflict of Laws

AUGUST 31, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

Drafting 40

Drafting Laws Litigating Litigation 40

Conflict of Laws

DECEMBER 15, 2021

-and Egyptians, if in Greek form, should be tried before the chrematists, the Greek courts; if in Egyptian form, before the laocrites, the native courts, in accordance with the laws of the country.”. [4] Private International Law in Nigeria. In Hélène Ruiz Fabri (ed), Max Planck Encyclopedia of International Procedural Law.

Laws 52

Laws Court Procedural Law Legal 52

Conflict of Laws

APRIL 29, 2021

German civil procedural law allows for video hearings under section 128a (1) German Code of Civil Procedure.

Court 52

Court Legal Assistance Legal Assistant Procedural Law 52

Conflict of Laws

OCTOBER 28, 2022

Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. As a result of two recent reforms the German private international and procedural laws applicable to adoptions have changed quite substantively. The few provisions on choice of law are based on the EuErbVO. 17 CPC 1996.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

JANUARY 2, 2023

Written by NIE Yuxin and LIU Chang, Wuhan University Institute of International Law. The present Civil Procedure Law of China (hereinafter “CPL”) was enacted in 1990 and has been amended four times. All amendments made no substantive adjustments to the foreign-related civil procedure proceedings. Background.

Drafting 52

Drafting Contract Tort Litigating 52

Conflict of Laws

APRIL 29, 2021

German civil procedural law allows for video hearings under section 128a (1) German Code of Civil Procedure.

Court 40

Court Legal Assistance Legal Assistant Procedural Law 40

Conflict of Laws

APRIL 26, 2021

Dickinson: Realignment of the Planets – Brexit and European Private International Law. At 11pm (GMT) on 31 December 2020, the United Kingdom moved out of its orbit of the European Union’s legal system, with the end of the transition period in its Withdrawal Agreement and the conclusion of the new Trade and Cooperation Agreement.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JANUARY 22, 2024

To put it differently: The question was whether the effet utile of private enforcement of cartel damages would affect and alter the EU’s procedural law in order to facilitate service of process for the claimant beyond what is offered to the claimant under the EU’s Service Regulation. EUR 25,000.- plus interest and costs.

Procedural Law 64

Procedural Law Court Laws Manufacturing 64

Conflict of Laws

JUNE 2, 2022

The national case law section features the following judgments: Court of First Instance Piraeus No 3296/2020, on the appointment of an Interim Administration of a Shipping Company with a registered office abroad, with commentary by the PhD Cand. Vathrakokilis.

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Tort Procedural Law Court Laws 40