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By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. The Court, thereafter, held the hearings on 26 July and 12 October of 2018 respectively, and publicly pronounced the judgement on 4 December 2020.
Professor Kerameus started his academic career at the Law School of the Aristotle University of Thessaloniki, in his home town, and completed his career at the University of Athens. He taught Civil Procedure, Comparative and International ProceduralLaw in Greek and other leading Universities abroad.
Article 51 of the PRC Maritime Special ProcedureLaw 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
The CJEU (Grand Chamber) has issued a landmark ruling on the borderline between contract and tort disputes under Article 7(1) and (2) of the Brussels I-bis Regulation. 102 TFEU and/or national competition law rules. The decision also deals with questions of German procedurallaw. What makes Art.
Written by NIE Yuxin and LIU Chang, Wuhan University Institute of International Law. The present Civil ProcedureLaw 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. 276, para.
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?
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.
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.
11] While this undoubtedly represents the correct position of the law in principle, it is however of doubtful practical effect given the peculiarity of the diminishing line between rationes decidendi and obiter dicta under the Nigerian version of the doctrine of stare decisis as well the attitude of Nigerian courts to decisions of higher courts.
Specific jurisdiction in matters relating to tort will be of little use, as in value chain civil liability claims the place of the event giving rise to damages and the place of damage are usually outside the EU and within that third state. This is a problem of uniformity – different national laws allow for different answers.
First, Shell stated that the claimants abused procedurallaw, 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. Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art.
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.
Wagner: European Conflict of Law2020: EU in crisis mode! This article provides an overview of developments in Brussels in the field of judicial cooperation in civil and commercial matters from December 2019 until December 2020. 1 Lugano Convention 2007 vis-à-vis claims in tort. 1 Brussels Ia Regulation/Art.
In its judgment of 25 November 2020 (7 U 147/19), the Higher Regional Court of Brandenburg ruled on special jurisdiction regarding letters of comfort under Article 7 No. Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. 1 Brussels I Regulation. a and lit.
Vollrath: Protection of EU Member States’ Treaties with Third Countries in European Private International Law In a decision from 2020, the Supreme Court of the United Kingdom authorised the enforcement of an ICSID-award in the United Kingdom. In terms of legal policy, the trader’s recourse should be abolished. 10 (“unjust enrichment”).
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