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The International Journal of ProceduralLaw is a new multilingual journal that provides an international research platform for scholars and practitioners in the field of procedurallaw, especially in civil matters. The following papers were published in this issue: Editorial. DOCTRINE/STUDIES.
On December 30, 2022, the Chinese legislator, the Standing Committee of the National People’s Congress, published a draft of the Civil ProcedureLaw Amendment for public consultation.
Comparative ProceduralLaw and Justice (CPLJ) is a global project of the Max Planck Institute Luxembourg for ProceduralLaw, with the support of the Luxembourg National Research Fund (019/13946847), involving more than one hundred scholars from all over the world.
Background China’s Civil ProcedureLaw was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. The latest amendments to the Civil ProcedureLaw in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions. See the table below.
The Max Planck Institute Luxembourg for International, European and Regulatory ProceduralLaw is currently recruiting. A fully-funded position as Research Fellow (PhD candidate) for the Department of European and Comparative ProceduralLaw, led by Prof.
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 ProceduralLaw. Dr. Louise Ellen Teitz , Roger Williams University School of Law, Bristol, Rhode Island. Asser Instituut, The Hague. Asser Instituut – Events.
Comparative ProceduralLaw and Justice (CPLJ) is a global project of the Max Planck Institute Luxembourg for ProceduralLaw, with the support of the Luxembourg National Research Fund (019/13946847), involving more than one hundred scholars from all over the world. 3:00 pm John Dashaco (University of Yaoundé II).
Date: Friday, 30 September 2022. the Max Planck Institute Luxembourg for ProceduralLaw, 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.
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.: Alle radici del diritto (The Law of Trust.
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] Candidate, Institute of International Law, Wuhan University. [1] Written by Zilin Hao*.
The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. This norm is part of procedurallaw. van Calster: Lex ecologia. found differently. Budzikiewicz/B.
It is also notable that, as concluded after examining the data kindly brought to our attention by the Thessaloniki Court of First Instance Department of Publications, out of one hundred court judgments related to international law issued in the year 2022 by the above mentioned Court, approximately 70% of them concerned family disputes in a broader (..)
Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. However, in 2022, the Supreme Peoples Court of PRC (hereinafter referred to as SPC) issued Summary of National Symposium on Foreign-Related Commercial and Maritime Trials of Courts (hereinafter referred to as the Summary).
To put it differently: The question was whether the effet utile of private enforcement of cartel damages would affect and alter the EU’s procedurallaw in order to facilitate service of process for the claimant beyond what is offered to the claimant under the EU’s Service Regulation. 195 de 15 de agosto de 2022) – Iveco S.p.A
The national case law section features the following judgments: Court of First Instance Piraeus No 3296/2020, on the appointment of an Interim Administration of a Shipping Company with a registered office abroad, with commentary by the PhD Cand.
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.),
With Tax ProcedureLaw General Communiqué ("Communiqué") No. 538, which came into force after being published in the Official Gazette dated 31 May 2022,
The Third Chamber argued that the concept of “judgment” in Articles 2(a) and 39 of the Brussels Ibis Regulation refers to the different procedurallaws of EU Member States. The decision concerns a classical question of classification: the delimitation of succession law from procedurallaw. Notifications: H.
A new Tax ProceduralLaw General Communique (Item No: 538) ("Communique") was published in the official gazette on May 31, 2022 by the Ministry of Treasury and Finance ("Ministry").
The second issue of 2022 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. Mariottini , Senior Research Fellow at the Max Planck Institute Luxembourg for ProceduralLaw: Henry Deeb GABRIEL, Contracts for the Sale of Goods – A Comparison of U.S.
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 procedurallaws applicable to adoptions have changed quite substantively. The following article presents the German implementing rules for this recast.
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.
the Max Planck Institute Luxembourg for ProceduralLaw, 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.
Penasthika rightly observes that this signifies confusion between jurisdiction and choice of law, because what the Indonesian courts should apply is substantive and not procedurallaw. Procedurallaw matters are reserved for the forum, and some Indonesian judges only appear to see the procedural aspects of choice of law.
‘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 procedurallaw and foreign law. As a book publication, however, the IPRspr will be discontinued.
The third issue for the Journal of Private International Law for 2022 was published today. A Kusumadara, “Jurisdiction of Courts Chosen in the Parties’ Choice of Court Agreements: An Unsettled Issue in Indonesian Private International Law and the way-out”.
the Max Planck Institute Luxembourg for ProceduralLaw, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius.
This was reaffirmed in [……] in [the new] Article 222 of the Civil ProcedureLaw issued by Federal Decree-Law No. 85(2)(a) of the 2018 Executive Regulation ; article 222(2)(a) of the new 2022 FACP ). 85(2)(a) of the 2018 Executive Regulation ; article 222(2)(a) of the new 2022 FACP ).
the Max Planck Institute Luxembourg for ProceduralLaw, 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.
Unsurprisingly, as some national procedurallaws provide for a possibility to ‘introduce’ a third State judgment within their system through a simplified and/or summary procedure, this question has been debated in the literature. Court’s answer and its findings.
We are inviting contributions from all areas of private international law, including but not limited to contract and tort law, company law, family and succession law as well as international procedurallaw, international arbitration and uniform law.
Contrary to the traditional rejection of party autonomy in Latin America, several Latin American countries have recently permitted choice of law in their international contract law.
the Max Planck Institute Luxembourg for ProceduralLaw, 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.
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 procedurallaws of the Member States. Thon: Jurisdiction Clauses in General Terms and Conditions and in Case of Assignment.
Carlos Santaló Goris, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory ProceduralLaw and Ph.D. These reports should serve as a foundation to decide whether amendments to the EAPO Regulation are desirable.
I might add that the provision of national law that made the aforementioned stay of enforcement possible entered into force on 24 June 2022 and the request for a preliminary ruling has been brought before the Court of Justice already on 13 October 2022. Nevertheless, the competence of the Member States has its limits.
Sara Bernasconi , Researcher at the University of Milan, Il ruolo del diritto internazionale privato e processuale nellattuazione del pacchetto sui mercati e servizi digitali (DMA&DSA) [The Role of Private International and ProceduralLaw in the Implementation of the Digital Markets and Services Package (DMA&DSA); in Italian] In line with the (..)
On 23 June 2022, the Lisbon Guidelines on Privacy , drawn up by the ILA Committee on the Protection of Privacy in Private International and ProceduralLaw , were formally endorsed by the International Law Association at the 80th ILA Biennial Conference, hosted in Lisbon (Portugal).
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 procedurallaw 1907. Patreon, Inc. ,
Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory ProceduralLaw 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).
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. Convenience and Efficiency. 2 & Art.
Cornell), Bachelor of Laws (ZUEL). * The doctrine of forum non conveniens is an important principle in civil procedurelaws and frequently applied by courts in many legal systems, especially those of common law countries.
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.
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 procedurelaw. 57 Austrian Code of Civil Procedure. The principle stated in para. A reshaping of Art.
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