Remove 2021 Remove Drafting Remove Procedural Law
article thumbnail

Chinese Judicial Practice on Asymmetric Choice of Court Agreements in International Civil & Commercial Disputes

Conflict of Laws

Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. Chen Jianbao , Beijing Fourth Intermediate Peoples Court pointed out that CPL allows parties to a contract the right to select the court by agreement, which reflects party autonomy in civil procedure law.

Court 45
article thumbnail

Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. Since then, it had undergone four revisions in 2007, 2012, 2017, and 2021. However, no substantial revisions were made to the provisions concerning foreign-related civil litigation.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Limitation Period for Enforcement of Foreign Judgments: Australian Court Recognized and Enforced Chinese Judgment Again

Conflict of Laws

Y, the Chinese Court only executed more than 4 million yuan in place for three years, and finally ended the enforcement procedure in 2014. Under the principle of reciprocity, Chinese court may enforce Australian judgments according to Article 288 of Civil Procedural Law of China. [14] 7] Para 42, (n 1). [8] 7] Para 42, (n 1). [8]

Court 98
article thumbnail

There and Back Again? – The unexpected journey of EU-UK Judicial Cooperation finally leads to The Hague

Conflict of Laws

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. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0 Court of Session). [35]

article thumbnail

A quarterly on civil procedure (“Polish Civil Procedure”) publishes a special issue on international family law with a particular focus on the Regulation 2019/1111

Conflict of Laws

The quarterly “Polish Civil Procedure” (“Polski Proces Cywilny”) just published a special issue on international procedural law and private international law. The issue is entirely devoted to international family law. In addition to the print, the contributions contained in this issue are available online.

article thumbnail

A Major Amendment to Provisions on Foreign-Related Civil Procedures Is Planned in China

Conflict of Laws

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. 276, para.

article thumbnail

Update: HCCH 2019 Judgments Convention Repository

Conflict of Laws

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “The Garcimartín Alférez, Francisco; Saumier, Geneviève. Nygh, Peter; Pocar, Fausto.