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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 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. The refusal to provide information per se is not a tort in the sense of Article 7 No. This norm is part of procedurallaw.
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.
We are inviting contributions from all areas of private international law, including but not limited to contract and tortlaw, company law, family and succession law as well as international procedurallaw, international arbitration and uniform law.
Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. Even after the Supreme Court’s dismantling of the Alien Tort Claims Act jurisdiction remains possible, though everything depends on the circumstances.
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.
The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedurallaws ( Justizkonflikt) between the United States and Germany. While the decision is formally a procedural one, its most striking passages address substantive tortlaw.
Written by NIE Yuxin and LIU Chang, Wuhan University Institute of International Law. The present Civil ProcedureLaw 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.
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.
Territorial Tort Exception Article 9 of the FSIL creates an exception to immunity for claims “arising from personal injury or death or damage to movable or immovable property caused by the relevant act of the foreign state in PRC territory.” It is unclear if Chinese courts applying the FSIL will reach the same conclusion.
Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil ProcedureLaw (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes. npc/c2/c30834/202112/t20211227_315637.html> html> accessed 13 October 2024. [2]
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