Conflict of Laws

JULY 5, 2021

Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. The decision also deals with questions of German procedural law. The long-awaited U.S.

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ClimateChange-ClimateLaw

DECEMBER 12, 2023

Unlike in the 2021 landmark ruling in Neubauer et al. The judgment and the underlying (political and legal) conflicts are also interesting beyond their German relevance, as the case raises fundamental questions for climate governance. However, this has not occurred, again due to resistance from the FDP.

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Conflict of Laws

AUGUST 31, 2021

The second issue of 2021 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) has been released. It features: Christian Kohler , Honorary Professor at the University of Saarland, Limiting European Integration through Constitutional Law? vii-485.

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Laws Procedural Law Court Constitutional Law 52

Conflict of Laws

JANUARY 22, 2024

In principle, the answer is simply no (absent special arrangements), because the subsidiary is a self-standing legal entity. The reason to put this into question was the ECJ’s judgment of 6 October 2021, C-882/19 – Sumal. If it is the foreign mother company that is the defendant, process must be served on her. 53 in fine).

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Conflict of Laws

NOVEMBER 1, 2021

Wilke : German Conflict of Laws Rules for Electronic Securities. In June 2021, Germany introduced the option of electronic securities, doing away with the traditional principle that securities must be incorporated in a piece of paper. 13 (3) No. The rule has rightly been heavily criticized in the scientific literature. 13 (3) No.

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Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

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Conflict of Laws

JANUARY 18, 2024

The legal bases of the claim are therefore abuse of economic dominance in the market (Article 102 TFEU) and prohibited vertical price fixing (Article 101 TFEU). 30/20 Volvo ( ECLI:EU:C:2021:604 ) is not easily transposable to the current case. Is it important that the online platform is in principle accessible worldwide?

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Conflict of Laws

OCTOBER 16, 2021

Written by Marco Farina, Italian lawyer, PhD in Civil Procedural Law at the University La Sapienza of Rome – Adjunct Professor of Civil Procedural Law at the University LUISS of Rome. The judgment of the Italian Supreme Court can be read here (in Italian).

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Conflict of Laws

FEBRUARY 21, 2023

The free movement of people within the European judicial space and the integration of third-country nationals has created a considerable number of multinational family structures, that give rise to a significant number of legal disputes, leading to complex conflict of law issues.

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Conflict of Laws

OCTOBER 3, 2024

The term “indirect” distinguishes this concept from its legal opposite: direct jurisdiction. Indeed, despite the legal reform introduced in 2018 (see infra ), UAE courts have continued to adhere to their stringent approach to indirect jurisdiction. 968/2020 of 7 April 2021 ). 415/2021 of 30 December 2021 ).

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Conflict of Laws

SEPTEMBER 16, 2021

Kostin, Senior Research Fellow at the Private Law Research Centre (Moscow, Russia) and counsel atAvangard law firm. and Valeria Rzyanina, junior associate, Avangard Law Firm. This is a synopsis of an article published in the Herald of Civil Procedure Law Journal N 1/2021 in Russian).

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Court Real Estate Legal Legal 75

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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Laws Procedural Law Court Legal 52

Conflict of Laws

DECEMBER 15, 2021

3] Conflict of laws is “ the body of law that aims to resolve claims involving foreign elements ”. [4] 4] A state or international border is therefore not required to have a conflict of laws system, [5] only different jurisdictions and laws (i.e. legal pluralism [6] ) are. 2021) Preclassical Conflict of Laws.

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Laws Court Procedural Law Legal 52

Conflict of Laws

JULY 9, 2021

Following that, the real question is whether and how anti-suit injunction is compatible with Chinese law. Some argued that Article 100 of the PRC CPL provides a legal basis for granting injunctions having similar effects with anti-suit injunction at common law. [2] See Article 100, para.1 1 of the PRC CPL (2017).

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Conflict of Laws

MAY 20, 2024

Additionally, pertinent insights can be found in the collaborative effort of Van Loon, Michaels, and Ruiz Abou-Nigm (eds) in their comprehensive publication, The Private Side of Transforming our World (2021). A similar provision to that effect can be found in the draft UN Legally Binding Instrument on business and human rights.

Diligence 80

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Conflict of Laws

AUGUST 23, 2023

Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts. Like other Asian and African countries, Indonesia experiences legal pluralism, due to its history of Dutch colonialism and a form of apartheid. 2] Penasthika (ibid). [3]

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Contract Laws Civil Law Procedural Law 52

MyCase

AUGUST 29, 2022

Your law firm’s intake process is an important part of profitability because, without clients, your firm has no income. That’s why the legal software you choose, and its conflict-checking features, are so essential. If not, there’s no better time than now to upgrade to law practice management software that gets the job done.

Law Firms 52

Law Firms Law Firm Laws Procedural Law 52

Conflict of Laws

SEPTEMBER 1, 2022

In cross-border proceedings, service of legal documents poses particular problems, which are addressed by the European Regulation on the Service of Documents. Localising the place of damage in the context of capital investment cases is a perennial problem both under national and European civil procedural law.

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Conflict of Laws

AUGUST 5, 2024

299 of the PRC Civil Procedure Law [former article 288 of the 2021 Amendment of the PRC Civil Procedure Law]). [2] In the absence of a treaty, as this is the case with Thailand, recognition and enforcement can be pursued on the basis of the principle of reciprocity (New Art.

Court 49

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Conflict of Laws

MARCH 2, 2024

Regulated by Article 696 bis of the Italian Civil Procedure Code, this instrument is based on the assumption that the resolution of the decisive technical issue of the case would facilitate an amicable settlement. Un’introduzione in chiave comparata ( Mechanisms of consensual justice in Brazilian procedural law.

Family Law 59

Family Law Procedural Law Laws Diligence 59

Conflict of Laws

JUNE 16, 2024

However, as I have learned more about the procedural history preceding the decisions of the Dubai Supreme Court (“DSC”), which was not available to me when I posted my previous comment, greater emphasis will be placed on the general factual background of the case. Therefore, it deserves special attention.

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Conflict of Laws

JUNE 2, 2022

Greek shipowners lead the world rankings in ship ownership with 17% for 2021, compared to colossal countries in terms of population and economy, such as China (15%) and Japan (12%) (data: IUMI 2021).

Tort 40

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Conflict of Laws

OCTOBER 1, 2024

Interestingly, in 2021, the same bench of the Delhi High Court granted the first-ever anti-enforcement injunction in India in Interdigital Technology Corporation v. The court arrived at this conclusion through a comprehensive analysis of three broad legal principles. Which law governs Anti-Enforcement Injunctions?

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Conflict of Laws

AUGUST 3, 2023

The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. Nevertheless, the report of the European Parliament finally adopted, together with the Draft Directive of 10 March 2021, no longer contained such rule on international jurisdiction, without explanation. Common to Arts.

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Conflict of Laws

APRIL 1, 2025

Franzina explained that where the private international law of the forum contemplates the possibility of renvoi , the conflict of laws conceptions of a foreign applicable law should also be appreciated. Langille argued for an alternative distinction between substance and procedure based on the nature of private rights.

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Laws Family Law Legal Legal 45

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. 284, para.

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Conflict of Laws

DECEMBER 19, 2022

By comparing these two options the author deals with the legal nature of the European account preservation order and with the subtleties of enforcement under the EAPOR. Roth: The „relevance (to the initial legal dispute)“ of the reference for a preliminary ruling pursuant to Article 267 TFEU. 7(2) Brussels I bis Regulation. 36 (1) No.

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Conflict of Laws

MAY 17, 2022

The case also gave the ECJ reason to address some interesting aspects of international jurisdiction under Article 35 of the Brussels Ibis Regulation and the relationship between this provision and the procedural laws of the Member States. They are intended to render legal disputes plannable and predictable.

Contract 40

Contract Legal Legal Court 40

Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

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Litigation Litigating Laws Court 52

Conflict of Laws

MAY 16, 2022

Despite the above, the Shanghai Maritime Court held that “when stipulating the principle of reciprocity, the Civil Procedure Law of the People’s Republic of China does not limit it to that the relevant foreign court must first recognize the civil and commercial judgment of Chinese court.

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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. In China, mediation is part of the formal litigation procedure. Public hearing. 6] Art 2. [7]

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Conflict of Laws

JANUARY 17, 2023

This contribution maps the meaning and nature of those articles, their application in early case-law across Member States, and their impact among others on business and human rights litigation, pre and post Brexit. Indonesian civil procedure law recognises choice of court agreements made by contracting parties.

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Laws Contract Court Procedural Law 40

Conflict of Laws

FEBRUARY 7, 2023

In 2021, the CIETAC rendered an arbitral award addressing the dispute arising from an aircraft leasing agreement. iii] The court reviewed the challenge under Article 281 of the Chinese Civil Procedure Law, which dealt with the challenge to foreign-related arbitral awards. was funded by a third-party funder, IMF Bentham Limited.

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Law Firms Law Firm Court Laws 52

Conflict of Laws

JUNE 2, 2022

For those interested, there are many contributions available online, namely in the Oxford Business Law Blog, which dedicates a whole series to it ( here ). 26a), along with a new rule on applicable law to be included in Rome II (Art. 6a) – a pathway which had also been recommended by GEDIP in October 2021 ( here ).

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Conflict of Laws

JANUARY 24, 2021

On December the 3 rd , 2020, the EU commission published a call for applications , with a view to putting forward, by late 2021, a (legislative or non-legislative) initiative to curtail “abusive litigation targeting journalists and civil society ”. Cheshire, North & Fawcett, Private International Law , 15 th ed., II, 15 th ed.,

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Laws Litigation Litigating Legal 40

Conflict of Laws

APRIL 26, 2021

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. Voß: Qualifying Direct Legal Claims and culpa in contrahendo under European Civil Procedure Law.

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Contract Legal Legal Procedural Law 52

Conflict of Laws

MARCH 19, 2021

It provides an overview of newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. It also refers to the laws enacted at the national level in Germany as a result of new European instruments.

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