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

JULY 29, 2022

Date: Friday, 30 September 2022. the Max Planck Institute Luxembourg for Procedural Law, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius. The Final Conference of the EFFORTS Project.

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Conflict of Laws

FEBRUARY 10, 2023

The second issue of 2022 of Giustizia Consensuale (published by Editoriale Scientifica) has just been released, and it features: Ferruccio Auletta and Alberto Massera , Giustizia consensuale e p.a.: the Netherlands, and Belgium) which are at the forefront of fostering the use of ADR in compensatory class actions through laws and regulations.

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Conflict of Laws

MARCH 6, 2022

It will take place on 21 – 22 April 2022 at the T.M.C. Dr. Burkhard Hess , Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. Dr. Louise Ellen Teitz , Roger Williams University School of Law, Bristol, Rhode Island. Asser Instituut, The Hague. Asser Instituut – Events.

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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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Conflict of Laws

JANUARY 17, 2023

The third issue for the Journal of Private International Law for 2022 was published today. This article will consider how the law applicable to the proprietary issues of crypto-assets should be determined. Indonesian civil procedure law recognises choice of court agreements made by contracting parties.

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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. 2) If so, would Art.

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Conflict of Laws

JUNE 2, 2022

During the second year, the focus of the issues will now be shifting to individual disputes, influenced by European procedural or private international law. The focus of the present issue refers to maritime differences, which are particularly important for our country. Vathrakokilis.

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Conflict of Laws

JANUARY 18, 2022

Following successful conferences in Bonn, Würzburg and Hamburg, please save the date for the 4th German-speaking Conference for Young Scholars in Private International Law, which will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna. The theme of the conference will be.

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Laws Tort Procedural Law Contract 52

Conflict of Laws

SEPTEMBER 20, 2024

‘Die deutsche Rechtsprechung auf dem Gebiete des Internationalen Privatrechts’, or short ‘IPRspr’, offers the complete and systematic documentation of German case law on private international law, including procedural law and foreign law. As a book publication, however, the IPRspr will be discontinued.

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Conflict of Laws

JUNE 27, 2022

Wolfram: Achmea – neglecting of international public law – some afterthoughts. It intends instead to throw some light on the rules of public international law on the termination of international treaties, which have not fully been taken into account by those who attempted to implement the Achmea judgment. Heiderhoff/E.

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Conflict of Laws

SEPTEMBER 7, 2022

The second issue of 2022 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. Ilaria Viarengo , Professor at the University Milan, The Coordination of Jurisdiction and Applicable Law in Proceedings Related to Economic Aspects of Family Law.

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Family Law Divorce Procedural Law Laws 52

Conflict of Laws

JULY 6, 2022

On 23 June 2022, the Lisbon Guidelines on Privacy , drawn up by the ILA Committee on the Protection of Privacy in Private International and Procedural Law , were formally endorsed by the International Law Association at the 80th ILA Biennial Conference, hosted in Lisbon (Portugal). questions of fundamental rights.

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Mondaq

JUNE 6, 2022

With Tax Procedure Law General Communiqué ("Communiqué") No. 538, which came into force after being published in the Official Gazette dated 31 May 2022,

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Mondaq

JUNE 7, 2022

A new Tax Procedural Law General Communique (Item No: 538) ("Communique") was published in the official gazette on May 31, 2022 by the Ministry of Treasury and Finance ("Ministry").

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Conflict of Laws

JULY 19, 2022

On 19 July 2022, a new Report on practices in Comparative and Cross-Border Perspective was posted on the website of EFFORTS (Towards more EFfective enFORcemenT of claimS in civil and commercial matters within the EU) , an EU-funded Project conducted by the University of Milan (coord.),

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Conflict of Laws

OCTOBER 12, 2022

On 15 July 2022, the Supreme Court of New South Wales (“NSW”) recognized and enforced a Chinese judgment issued by the Shanghai Pudong New Area People’s Court 12 years ago in Tianjin Yingtong Materials Co Ltd v Young [2022] NSWSC 943. [1] Applicable Law to Limitation Period for Enforcement. Written by Zilin Hao*.

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Court Procedural Law Laws Legal 98

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. It argues for the application of the law of the state where the register is kept.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

JANUARY 22, 2022

Carlos Santaló Goris, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. While an enforceable title is not a necessary precondition to access FICOBA in the context of an EAPO, under French domestic law it is. The following is an interesting paradox.

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Laws Procedural Law Court 98

Conflict of Laws

OCTOBER 3, 2024

Encyclopedia of Private International Law – Vol. Conflict of Laws in a Globalized World (2007) 35). This was reaffirmed in [……] in [the new] Article 222 of the Civil Procedure Law issued by Federal Decree-Law No. Therefore, the ruling misapplied the law and should be overturned.”

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Conflict of Laws

JULY 14, 2022

On 7 June 2022, the Supreme Court of New South Wales recognized and enforced two Chinese judicial mediation settlement issued by the People’s Court of Qingdao, Shandong Province China in Bank of China Limited v Chen. Zilin Hao, Anjie Law Firm, Beijing, China. This document is called ‘judicial mediation settlement’ in this note.

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Conflict of Laws

AUGUST 1, 2022

the Max Planck Institute Luxembourg for Procedural Law, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius. For information, in particular, on the EFFORTS Final Conference (30 September 2022, University of Milan), see also our previous post here.

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Conflict of Laws

MAY 16, 2022

Issue 2/2022 of RabelsZ has just been published. It contains the following contributions: Ralf Michaels: Peter Mankowski *11.10.1966 †10.2.2022, Volume 86 (2022) / Issue 2, pp. 323–326, DOI: 10.1628/rabelsz-2022-0028. 327–363, DOI: 10.1628/rabelsz-2022-0029. 327–363, DOI: 10.1628/rabelsz-2022-0029.

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Conflict of Laws

MARCH 7, 2022

the Max Planck Institute Luxembourg for Procedural Law, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius.

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Procedural Law Laws 52

Conflict of Laws

JUNE 1, 2022

the Max Planck Institute Luxembourg for Procedural Law, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius. The EFFORTS Final Conference will take place on Friday, 30 September 2022.

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Conflict of Laws

MAY 17, 2022

Hay : On the Road to a Third American Restatement of Conflicts Law. American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. In Case C-490/20, V.M.A., In Case C-490/20, V.M.A.,

Contract 40

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Conflict of Laws

APRIL 27, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. In December 2022, Chinese lawmakers published a draft law on foreign state immunity , an English translation of which is now available. These provisions generally follow the U.N. Convention.

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Conflict of Laws

JANUARY 13, 2023

The urgency of the matter has compelled the Court to submit the case, at the request for the referring court, to the urgent preliminary ruling procedure provided for in Article 107 of the Rules of Procedure of the Court of Justice. Nevertheless, the competence of the Member States has its limits.

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Conflict of Laws

OCTOBER 4, 2022

the Max Planck Institute Luxembourg for Procedural Law, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius. The Report was authored by Marco Buzzoni , Cristina M.

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Procedural Law Legal Legal Laws 52

Conflict of Laws

MAY 27, 2024

Effectively, this is a context specific harmonised approach to developing substantive contract law rules to regulate the effectiveness of choice of court agreements. In similar vein, the CJEU has developed its case law as to when a third party may be deemed to be bound by or derive benefit from a choice of court agreement.

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Conflict of Laws

MARCH 2, 2024

It explicitly prohibited using mediation as a means of justice for such crimes, a notable departure from previous Spanish laws. 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.

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Conflict of Laws

DECEMBER 4, 2022

LIN Jidong, Wuhan University Institute of International Law. The Content can be divided into different categories according to the goals of Regulation 2022. ?1?Convenience One of the most important goals of Regulation 2022 is to improve the efficiency of trial and bring convenience to the parties. Background. 2 & Art.

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Conflict of Laws

SEPTEMBER 4, 2023

Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. 57 Austrian Code of Civil Procedure. However, in this article, the author takes the opposite view.

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Conflict of Laws

JULY 2, 2024

Instead, directives in this area usually contain no conflict-of-laws provisions at all, while regulations limit themselves to a unilateral definition of their territorial scope of application. The existing, general conflict-of-laws rules do not coordinate between these systems satisfactorily.

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Conflict of Laws

JUNE 29, 2023

Particular attention is given to the Conclusions and Recommendations of the Applicable Law Working Group, unanimously adopted by the Special Commission which, in light of the challenges encountered in the implementation of the Hague Protocol, provide guidance on the practical operation of this instrument. 13 ss 3 no 1 EGBGB).

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Conflict of Laws

AUGUST 5, 2024

This post is kindly provided by Dr. Meng Yu, lecturer at China University of Political Science and Law, and co-founder of China Justice Observer. 299 of the PRC Civil Procedure Law [former article 288 of the 2021 Amendment of the PRC Civil Procedure Law]). [2]

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Conflict of Laws

NOVEMBER 16, 2022

Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. The District Court of Žilina ( Okresný súd Žilina ) in Slovakia confronted this issue in an EAPO application it received on January 2022. 2(2)(c) EAPO Regulation).

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