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. The following article presents the German implementing rules for this recast.

Contract 52

Contract Laws Government Court 52

Patently O

MAY 10, 2022

Of course, the law of judgments remains critically important to both ensure justice and stability. On May 12, 2022, the Supreme Court is set to decide whether to move forward with the pending case of PersonalWeb Technologies, LLC v. 4] A lot has happened in procedural law 1907. Patreon, Inc. ,

Manufacturing 58

Manufacturing Litigation Litigating Procedural Law 58

Conflict of Laws

MARCH 22, 2022

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well.

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

AUGUST 23, 2023

Penasthika rightly observes that this signifies confusion between jurisdiction and choice of law, because what the Indonesian courts should apply is substantive and not procedural law. Procedural law matters are reserved for the forum, and some Indonesian judges only appear to see the procedural aspects of choice of law.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

JANUARY 17, 2023

The third issue for the Journal of Private International Law for 2022 was published today. 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.

Laws 40

Laws Contract Court Procedural Law 40

Conflict of Laws

MAY 17, 2022

Hübner: Climate change litigation at the interface of private and public law – the foreign permit. The article deals with the interplay of private international law, substantive law, and public law in the realm of international environmental liability. Montana Eighth Judicial District Court / Ford Motor Company v.

Contract 40

Contract Legal Legal Court 40

Conflict of Laws

DECEMBER 4, 2022

The Chinese Supreme People’s Court (hereinafter “ SPC “) issued “SPC’s Regulation on Several Matters Concerning the Jurisdiction of Foreign-Related Disputes” (hereinafter “ Regulation 2022 “), [1] which will enter into force on 1st January 2023. Main Content. Convenience and Efficiency.

Court 40

Court Litigation Litigating Procedural Law 40

Conflict of Laws

DECEMBER 16, 2024

Cornell), Bachelor of Laws (ZUEL). * The doctrine of forum non conveniens is an important principle in civil procedure laws and frequently applied by courts in many legal systems, especially those of common law countries.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

FEBRUARY 26, 2025

This solution will have a significant impact on French litigation in this area. Previous issues of the Revue Critique (from 2010 to 2022) are available on Cairn. Thus, a French creditor can no longer initiate collective proceedings in France against a debtor who has virtually no connection with France.

Legal 59

Legal Legal Litigation Litigating 59

Conflict of Laws

SEPTEMBER 4, 2023

Nitschmann: The consequences of Brexit on Civil Judicial Cooperation between Germany and the United Kingdom The United Kingdom’s withdrawal from the European Union has far-reaching consequences for international civil procedure law. 57 Austrian Code of Civil Procedure. A reshaping of Art. Pursuant to Art.

Procedural Law 69

Procedural Law Court Legal Legal 69

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. This document is called ‘judicial mediation settlement’ in this note. What is a judicial mediation settlement.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

MAY 16, 2022

Written by Zilin Hao, Anjie Law Firm, Beijing, China. On 17 March 2022, Shanghai Maritime Court of PRC issued a ruling of recognizing and enforcing a commercial judgment made by the English High Court, with the approval of Supreme People’s Court (“SPC”). The Chinese Court Recognizes an English Commercial Judgment for the First Time.

Court 52

Court Procedural Law Law Firms Law Firm 52

Conflict of Laws

AUGUST 3, 2023

The EU Commission published a long awaited Proposal for a Directive on Corporate Sustainability Due Diligence (CSDDD), COM(2022) 71 final, on 23 February 2022; the EU Council adopted its negotiation position on 1 December 2022; and now, the EU Parliament has suggested amendments to this Draft Directive on 1 June 2023.

Drafting 52

Drafting Diligence Procedural Law Court 52

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. 285, para.

Drafting 52

Drafting Contract Tort Litigation 52

Conflict of Laws

JUNE 29, 2023

The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedural laws ( Justizkonflikt) between the United States and Germany. All in all, there are many issues where one must hope for reasonable clarifications by the ECJ G.

Tort 52

Tort Court Procedural Law Laws 52

Patently O

MARCH 17, 2022

Spring 2022 is roaring forward – and this semester is an especially busy one for me. All of this has given me a terrific opportunity to really think about procedure, law, and data. By Jason Rantanen. And it’s fortuitously come at a time when several related projects are coming to fruition.

Legal Research 56

Legal Research Drafting Legal Legal 56

Conflict of Laws

DECEMBER 19, 2022

The decision illustrates that the relevance of the domicile of natural persons for the jurisdiction in direct actions for damages against board members (Art 4, 62 Brussels Ia Regulation) can lead to the fact that courts of different member states have to decide on crucial aspects of complex investor litigation at the same time. 36 (1) No.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

JULY 2, 2024

In both proceedings, the question also arose as to whether the law applicable under the general rules of Art 3, 4 Rome I Regulation can be applied instead of the law applicable under Art 6 Rome I Regulation if the former is more favourable to the consumer in the specific case. 7(1)(b) Brussels Ia-Regulation.

Contract 52

Contract Court Laws Procedural Law 52

Conflict of Laws

MAY 27, 2024

Although Article 25(1) of the Brussels Ia Regulation differs from Article 17 of the Brussels Convention and Article 23(1) of the Brussels I Regulation, the jurisprudence of the CJEU is capable of being applied to the current provision ( Maersk , [52]; C 358/21 Tilman , EU:C:2022:923, [34]; AG Collins in Maersk , [51]-[54]).

Court 59

Court Contract Laws Contract Law 59

Conflict of Laws

MAY 17, 2024

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. 2 (12) Private International Law (Implementation of Agreements) Act 2020 (c. 2022 (6), proposal 15. [38]

Drafting 64

Drafting Government Legal Legal 64

Conflict of Laws

JUNE 30, 2022

On 10 June 2022, the University of Trento, Faculty of Law celebrated the first anniversary of the launch of Giustizia consensuale , founded and edited by Professor Silvana Dalla Bontà and Professor Paola Lucarelli. He stated that there are three points of interaction between agreement and procedure.

Technology 52

Technology Procedural Law Lawyer Lawyers 52

Conflict of Laws

SEPTEMBER 28, 2022

Update of 28 September 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Breaking) News From The Hague: A Game Changer in International Litigation? Bibliography.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Update of 31 August 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Explanatory Reports. Bibliography. Ahmed, Mukarrum. Cai, Ya-qi.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

FEBRUARY 26, 2025

Based on a litigation agreement pursuant to Sections 119b (2), 184a (3) of the German Courts Constitution Act on the first instance jurisdiction of the Commercial Court and on the conduct of proceedings in English, the article analyses details of the newly created procedural instruments and their implementation in practice.

Diligence 45

Diligence Contract Court Decisions Punitive Damages 45

Conflict of Laws

JUNE 16, 2024

This is more so], especially since the submitted documents on the Canadian civil procedure law and the Regulation No. 57/2018 on the Executive Regulations of Law No. 42/2022 of 3 October 2022 ) (hereafter “ New 2022 FACP ”). [iv] Hartley, International Commercial Litigation (3 rd ed. iv] Ibid. [v]

Court 59

Court Legal Assistant Legal Assistance Legal 59

Conflict of Laws

APRIL 20, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 20 April 2022: New entries are printed bold. Biresaw, Samuel Maigreg. Cong, Junqi.

Drafting 52

Drafting Laws Litigation Litigating 52

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. This post is cross-posted at Transnational Litigation Blog.]

Drafting 40

Drafting Laws Court Litigation 40

Conflict of Laws

JUNE 21, 2022

Update of 7 June 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Explanatory Reports. Report of the Special Commission”, HCCH Prel.-Doc.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JANUARY 11, 2022

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Update of 12 January 2022: New entries are printed bold. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. 108-138.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022 , planned to be taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 16 February 2022: New entries are printed bold. Biresaw, Samuel Maigreg.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

SEPTEMBER 14, 2023

The FSIL’s reciprocity clause is consistent with the emphasis on reciprocity that one finds in other provisions of Chinese law. In another change from the draft law, the NPC Standing Committee has added “PRC Courts” (??????????) The general practice in China is that courts, rather than litigants, serve process.

Drafting 49

Drafting Court Laws Tort 49

Conflict of Laws

AUGUST 30, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Breaking) News From The Hague: A Game Changer in International Litigation?

Drafting 98

Drafting Laws Litigation Litigating 98

Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Breaking) News From The Hague: A Game Changer in International Litigation?

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Breaking) News From The Hague: A Game Changer in International Litigation?

Drafting 40

Drafting Laws Litigation Litigating 40

ClimateChange-ClimateLaw

DECEMBER 12, 2023

Climate litigation in Germany has achieved another major victory. Against this backdrop, the decision of the Higher Administrative Court must also be understood as part of a new wave of climate litigation. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. million tons of CO2 equivalent).

Litigation 142

Litigation Litigating Government Court 142