Conflict of Laws

JULY 6, 2022

In a new paper forthcoming in the American Journal of International Law, we set out to determine how many members of the Standing International Forum of Commercial Courts hire such “traveling judges,” who they are, why they are hired, and why they serve. Nearly two-thirds had at least one law degree from a UK university.

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Conflict of Laws

JUNE 26, 2021

Chinese Private International Law. Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. May 2021 | 9781509924370 | 352pp | Hbk | RSP: £130. Discount Price: £104.

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Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? 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. Choice of Law Issue: Lex Rei Sitae = Lex Furti ? Email: zhengxinh@cupl.edu.cn.

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JURIST

OCTOBER 25, 2023

Peruvian law students from the Facultad de Derecho y Ciencias Políticas , Universidad Nacional de San Antonio Abad del Cusco are reporting for JURIST on law-related events in and affecting Perú. Mégara Sophia La Torre Pino is a law student from UNSAAC and a member of CIED. She files this dispatch from Cusco.

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JURIST

SEPTEMBER 26, 2022

Law students from the European Union are reporting for JURIST on law-related events in and affecting the European Union and its member states. Ciara Dinneny is a trainee with the Law Society of Ireland. She files this dispatch from Dublin.

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ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Even as successful cases against governments have blossomed, private suits face significant barriers.

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Mondaq

OCTOBER 26, 2021

As a civil law jurisdiction, Thailand does not recognize the common law concept of privilege (ACP), although there is a recognized general equivalent.

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Conflict of Laws

NOVEMBER 8, 2021

Written by Hans van Loon, a member of GEDIP and former Secretary General of the Hague Conference on Private International Law (HCCH). Meanwhile, however, on 10 March 2021 the European Parliament adopted a Resolution “with recommendations to the Commission on corporate due diligence and corporate accountability” [2]. 2] [link]. [3]

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SimplyLawJobs

MAY 24, 2021

Whether you’re a law student, a paralegal, or a solicitor with years of experience, listening to a legal podcast that suits your interests can be extremely beneficial, and fun. 1) UK Law Weekly. It’s definitely worth your time, especially if you’ve already got your law degree but want to keep learning.

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Conflict of Laws

DECEMBER 4, 2023

The enactment was accompanied by amendments to the Rules of Court 2021, Singapore International Commercial Court Rules 2021 and Family Justice Rules 2014. Service of Singapore process through the Convention will help ease the procedure in civil law countries, which may view service of foreign process as raising sovereignty issues.

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Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

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ClimateChange-ClimateLaw

DECEMBER 12, 2023

Unlike in the 2021 landmark ruling in Neubauer et al. Moreover, the case illustrates how contested some elements of Germany’s climate transformation have been since the 2021 Neubauer decision. Parts of the federal government have tended to treat the sectoral targets and immediate action programs as soft law rather than binding law.

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Conflict of Laws

JANUARY 30, 2024

The Japanese Yearbook of Private International Law ( kokusai shiho nenpo ) (hereinafter “JYPIL”) is an annual publication of the Private International Law Association of Japan ( kokusai shih? ’ Proposing a name change to conflicts law studies, the author emphasizes the need for a broader approach.

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Conflict of Laws

NOVEMBER 20, 2022

The United Nations Convention on Contracts for the International Sale of Goods (‘ CISG ’), currently adopted by 95 States, is a treaty intended to harmonise the laws governing cross-border goods trade: and thereby promote trade itself. Dr Benjamin Hayward*. So much is made clear in its Preamble: The States Parties to this Convention , ….

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Conflict of Laws

JULY 14, 2022

Zilin Hao, Anjie Law Firm, Beijing, China. In Chinese civil trial practice, there are two types of legal document to merits issued by courts that has the res judicata effect, namely Minshi Panjue Shu (“MPS”) (civil judgment) and Minshi Tiaojie Shu (“MTS”). Two commentors provide different views on this matter.

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Conflict of Laws

JUNE 26, 2024

Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. 8/2022 of 1 February 2022) to foreign Muslims. In that case ( Appeal No.

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Conflict of Laws

JUNE 30, 2022

As a landmark judicial policy issued by China’s Supreme People’s Court, the 2021 Conference Summary provides a detailed guideline for Chinese courts to review foreign judgment-related applications, including examination criteria, refusal grounds, and an ex ante internal approval mechanism. However, this situation is now changed.

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Conflict of Laws

JULY 10, 2023

The description of the book reads as follows: Thus far, private international law issues relating to punitive damages have mainly been dealt with from the perspective of several European countries. The Maastricht Law Series is a peer reviewed book series that allows researchers an excellent opportunity to showcase their work.

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Conflict of Laws

FEBRUARY 5, 2024

We translated the press announcement as follows: Background and Significance of the Interpretation People’s courts face the important issue of how international treaties and international practices are applied domestically in foreign-related civil and commercial trials. Pacta sunt servanda” is a fundamental principle in treaty law.

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Conflict of Laws

JANUARY 25, 2021

This feedback period is open until 5 February 2021 (midnight Brussels time) and may be provided by clicking here. Last week, the EAPIL blog published a post on the EU feedback period on modernising judicial cooperation between EU countries – use of digital technology (see here ). A possible future type of act is a proposal for a regulation.

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Conflict of Laws

FEBRUARY 10, 2022

The EU Commission’s Proposal of 1 December 2021 outlines, in its introductory Recitals: “Efficient cross-border judicial cooperation requires secure, reliable and time-efficient communication between courts and competent authorities.

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Conflict of Laws

MARCH 30, 2021

Information and text provided by Niklaus Meier, co-head of the Private International Law Unit at the Swiss Federal Office of Justice. The Swiss Federal Act on Private International Law (FAPIL), adopted in 1987, has had – and still has – a huge influence throughout the world. To give just one example: Article 4.4

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Conflict of Laws

OCTOBER 9, 2023

One of the key documents prepared for the meeting is the Global Report – Statistical study of applications made in 2021 under the 1980 Child Abduction Convention , where crucial information has been gathered about the application of this Convention during the year 2021. Where possible and appropriate, such coordination could: a.

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SimplyLawJobs

JUNE 25, 2021

Each of them has law universities you can study in, but not all can make you a great lawyer. University of Law. The first university on this list is, of course, the University of Law. It has campuses all over the United Kingdom, so depending on what field of law you want to study, you can choose your campus.

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Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. In his paper on “Compensation, Punishment, and the Idea of Private Law”, Lukas Rademacher (University of Kiel) explained the idea of punitive damages and its compatibility with German private law.

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Conflict of Laws

JUNE 16, 2024

The decision presented here raises a number of fundamental questions related to the proper understanding of foreign legal concepts and procedures and how they should be integrated within the framework of domestic law. This is more so], especially since the submitted documents on the Canadian civil procedure law and the Regulation No.

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Conflict of Laws

MAY 18, 2023

The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law ( Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 , on appeal from [2021] EWCA Civ 63 ). This was a one-off event and not a continuing nuisance.

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Conflict of Laws

OCTOBER 21, 2022

The following comment has been kindly provided by Sarah Ott, a doctoral student and research assistant at the University of Freiburg (Germany), Institute for Comparative and Private International Law, Dept. It is also a continuation of the English courts’ case law on contractual choice of law clauses.

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Conflict of Laws

JULY 9, 2021

(This post is provided by Zeyu Huang, who is an associate attorney of Hui Zhong Law Firm based in Shenzhen. Mr. Huang obtained his LLB degree from the Remin University of China Law School. He is also a PhD candidate & LLM at the Faculty of Law in University of Macau.

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Conflict of Laws

MARCH 15, 2022

Dodge (Professor, University of California, Davis, School of Law). Should courts in the United States refuse to recognize and enforcement Chinese court judgments on the ground that China does not provide impartial tribunals or procedures compatible with the requirements of due process of law? See 22 U.S.C. §§ 2151n & 2304.

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LexForti

JUNE 2, 2022

Third-party funding is rather a new concept and was adapted by many legislations only recently due to the illegality of the doctrines of maintenance and champerty in common-law jurisdictions in the past. The concept of TPF, though accepted explicitly by the law of the land, has two sides to it similar to the way of a coin.

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Conflict of Laws

MAY 18, 2021

It features the following articles: Horst Eidenmüller: Recht und Ökonomik des Extremsport-Sponsorings in vergleichender Perspektive, Volume 85 (2021) / Issue 2, pp. 273-325 (53), DOI: 10.1628/rabelsz-2021-0002. The Law and Economics of Extreme Sports Sponsoring in Comparative Perspective.

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LexForti

NOVEMBER 5, 2021

Maitreyi Choalla, a student of Gujarat National Law University explains the nuances of Amendment of Pleadings under Order VI, Rule 17 of Civil Procedure Code, 1908. In most cases, a country’s judicial system is designed to uphold the rule of law. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction.

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Conflict of Laws

MARCH 22, 2022

The most recent issue of the German Journal of Comparative Law (Zeitschrift für Vergleichende Rechtswissenschaft) features the following articles on private international and comparative law: Werner F. Thus, various legal problems in these fields of law could be solved. 1 Satz 3 HGB. 1 Satz 3 HGB. According to Art.

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The Crime Report

JUNE 25, 2021

Additional Reading: No ‘Systematic’ Racial Bias in Presidential Pardon Process: Report , The Crime Report, June 18, 2021. But in this case the statistics don’t lie. Other interesting (though not surprising) statistics gleaned from the RAND report are: Fully a third of petitioners were seeking pardon to regain their firearms rights; Only 5.6

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Conflict of Laws

OCTOBER 14, 2024

Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil Procedure Law (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes. 10] However, the precise extent required remains to be determined.

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Conflict of Laws

JUNE 27, 2021

Similar to previous cases, such as Mennesson v France , Labassee v France , and Paradiso and Campanelli v Italy , this complaint originated from the refusal of national authorities to recognise the parent-child relationship established in accordance with foreign law on the ground that surrogacy is prohibited under national law.

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