2023, Civil Law and Court - Paralegal Brief

Kosovo announces closure of of parallel Serb institutions in move condemned by EU

JURIST

JANUARY 17, 2025

In Kosovo, there are parallel schools, courts, and state offices, among other institutions, independently serving Kosovo Albanians and Kosovo Serbs. In 2003, the UN reported that “numerous problems arise” due to parallel institutions: In criminal law the most serious problem is the risk of double jeopardy.

Divorce

Divorce Civil Law Criminal Law Education

Climate Litigation in Japan: What to Expect in 2025

ClimateChange-ClimateLaw

FEBRUARY 27, 2025

In the 2018 case, the plaintiffs were found not to have standing because their interest in not suffering damage from climate change was not considered an individual interest to be protected (see Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe for more discussion).

Litigation

Litigation Litigating Construction Tort

Review of Kazuaki Nishioka, Treatment of Foreign Law in Asia, Oxford: Hart Publishing, 2023, 327 pp, hb £117

Conflict of Laws

AUGUST 27, 2024

The book examines 15 Asian jurisdictions, representing a variety of legal systems, including civil law (China, Taiwan, Japan, South Korea, Vietnam, Cambodia, Indonesia, and Thailand), common law (Hong Kong, Singapore, Malaysia, Myanmar, and India), and mixed jurisdictions (Philippines and Sri Lanka). Springer, 2017) 601–611.)

Laws

Laws Civil Law Legal Legal

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Prep with Purpose: How to Build Better Trial Binders

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Third Issue of Journal of Private International Law for 2023

Conflict of Laws

FEBRUARY 13, 2024

The third issue of the Journal of Private International Law for 2023 has just been published. The Supreme Court’s decision in Roberts v Soldiers, Sailors, Airmen and Families Association considered this issue in the context of the common law choice of law rules.

Laws

Laws Divorce Contract Legal

Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. The court further held that the right to a stable climate was not an established right. Kobe Steel Ltd.,

Court

Court Construction Litigating Litigation

Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

DECEMBER 12, 2023

On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany of the Federal Constitutional Court, the focus of the decision is not on fundamental rights, but on administrative questions of climate governance and enforcement. Unlike in the 2021 landmark ruling in Neubauer et al.

Litigation

Litigation Litigating Government Court

25th Volume of the Japanese Yearbook of Private International Law (2023)

Conflict of Laws

JANUARY 30, 2024

JYPIL is a peer-reviewed journal that presents trends in academic research in the field of private international law in Japan, with high-quality discussion of the most important issues in the field from both Japanese and comparative law perspectives. Recently, the 25th Volume (2023) of JYPIL has been published.

Laws

Laws Divorce Legal Legal

Giustizia consensuale No 1/2023: Abstracts

Conflict of Laws

SEPTEMBER 15, 2023

While focusing on the debate around the mandatory attempt to mediate, the author argues that mediation not only benefits the disputing parties but also the judicial system at large in that it helps reduce the workload of courts and ensure access to justice for all. Mariottini : Guillermo PALAO (ed), The Singapore Convention on Mediation.

Legal

Legal Legal Education Contract

Hague Service Convention Enters into Force in Singapore

Conflict of Laws

DECEMBER 4, 2023

Singapore acceded to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘Service Convention’) on 16 May 2023. It has now entered into force in Singapore on 1 December 2023. Parties may agree on service by post in most common law countries, including Singapore.

Civil Law

Civil Law Contract Court Rules Court

The New Saudi Civil Transaction Act and its Potential Impact on Private International Law in Saudi Arabia

Conflict of Laws

JUNE 24, 2023

M/199, dated June 16, 2023). The law will enter into force on December 16, 2023, 180 days after its enactment (hereinafter referred to as “the new law”). The court cited Sharia rules and principles on compensation, according to which only real and quantifiable losses can be compensated.

Civil Law

Civil Law Laws Legal Legal

Promulgation of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of International Treaties and International Practices in the Trial of Foreign-related Civil and Commercial Cases

Conflict of Laws

FEBRUARY 5, 2024

The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024. Opening up to the outside world to push forward one step, foreign-related rule of law construction should follow one step”.

Court

Court Construction Contract Laws

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

FEBRUARY 18, 2024

To provide certainty, commercial parties often conclude ex ante agreements on the venue for dispute resolution by selecting the court(s) of a particular state. In our latest article , published in the 2023 edition of the Journal of Private International Law , vol. Articles 3(c) and 5(1) address formal and substantive validity.

Contract

Contract Litigating Litigation Civil Law

UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. On 10 May 2023, the UK Supreme Court has ruled in one of the cases in the series of legal battles started against Shell in the English courts in the aftermath of the Bonga spill.

Cause of Action

Cause of Action Court Tort Civil Law

The Abu Dhabi Civil Family Court on the Law on Civil Marriage – Applicability to Foreign Muslim and the Complex Issue of International Jurisdiction

Conflict of Laws

JUNE 26, 2024

Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. In its judgment, the ADFCF refers to the contract dated 7 December 2023 ).

Divorce

Divorce Laws Court Contract

Commercial Disputes and anti-suit relief in Anglophone Africa

Conflict of Laws

SEPTEMBER 22, 2023

Courts in Anglophone Africa, and especially those in Nigeria and the Republic of South Africa, have recently given guidance to litigants on the requirements which have to be satisfied in order to obtain anti-suit relief. The text is available to order from Juta and Amazon.

Litigating

Litigating Litigation Civil Law Laws

The EU’s Response to National Judicial Determinations of FRAND Royalty Rates

Patently O

APRIL 13, 2023

The biggest issue that the EU Proposal seeks to tackle is the recent tendency of courts in China and the UK (and potentially other countries) to establish FRAND rates for a SEP holder’s entire global portfolio (the Global Approach), rather than only for SEPs issued in that jurisdiction (the National Approach) (discussed in detail here and here ).

Drafting

Drafting Court Litigation Litigating

UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

ClimateChange-ClimateLaw

MAY 30, 2024

Violating obligations under the Treaty can result in victims claiming remedies before national courts, including the right to ecological restoration and environmental remediation. Thereby, actions against corporate entities for climate-related human rights harms can be brought before the courts.

Drafting

Drafting Litigation Litigating Diligence

The Development of forum non conveniens in the Chinese Law and Practice

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. For instance, in Jiahua International Limited, Ruixiang Limited v.

Laws

Laws Procedural Law Court Legal

Symposium for Trevor Hartley at LSE on 27 October 2023

Conflict of Laws

SEPTEMBER 22, 2023

Trevor has long been one of the world’s most distinguished scholars of Conflict of Laws (Private International Law), continuing a tradition started at the LSE by Professor Otto Kahn-Freund. As a prominent critic, notably of the Court of Justice’s efforts to unify European private international law.

Litigating

Litigating Litigation Civil Law Law School

Recognition and Public Certification of German Ipso Iure Converted Pay Paternity Into Paternity With Civil Status Effects Does Not Violate Swiss Ordre Public

Conflict of Laws

JUNE 16, 2023

The Swiss Federal Supreme Court (Bundesgericht) published a leading decision on recognition and public certification of foreign conversions of ancient law pay paternities (Zahlvaterschaften) into paternities with civil status effects on June 15 th , 2023 ( decision of Swiss Federal Supreme Court 5A_81/2022 of May 12 th , 2023 ).

Legal

Legal Legal Civil Law Laws

RabelsZ: New issue alert

Conflict of Laws

NOVEMBER 4, 2024

September 2023 als Instrument zur Gestaltung des Völkergewohnheitsrechts (Immunity of Foreign States Under the Law of the People’s Republic of China. The Law of 1 September 2023 as an Instrument for the Shaping of Customary International Law), pp. Recently, the EU-law dimension of the topic has come to the fore.

Diligence

Diligence Contract Laws Legal

“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

Conflict of Laws

OCTOBER 14, 2024

Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil Procedure Law (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes.

Procedural Law

Procedural Law Litigating Litigation Laws

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

Conflict of Laws

DECEMBER 16, 2024

Once again , the Hague Academy of International Law brought distinguished speakers to the fragrant harbour to deliver lectures on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters . 301 Civil Procedure Law (2023). 7 (1) lit. Westacre Investments v.

Procedural Law

Procedural Law Punitive Damages Legal Legal

Paralegal Brief

Kosovo announces closure of of parallel Serb institutions in move condemned by EU

Climate Litigation in Japan: What to Expect in 2025

Webinars

Trending Sources

Review of Kazuaki Nishioka, Treatment of Foreign Law in Asia, Oxford: Hart Publishing, 2023, 327 pp, hb £117

Webinars

Third Issue of Journal of Private International Law for 2023

Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe

Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

25th Volume of the Japanese Yearbook of Private International Law (2023)

Giustizia consensuale No 1/2023: Abstracts

Hague Service Convention Enters into Force in Singapore

The New Saudi Civil Transaction Act and its Potential Impact on Private International Law in Saudi Arabia

Promulgation of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of International Treaties and International Practices in the Trial of Foreign-related Civil and Commercial Cases

Implied Jurisdiction Agreements in International Commercial Contracts

UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred

The Abu Dhabi Civil Family Court on the Law on Civil Marriage – Applicability to Foreign Muslim and the Complex Issue of International Jurisdiction

Commercial Disputes and anti-suit relief in Anglophone Africa

The EU’s Response to National Judicial Determinations of FRAND Royalty Rates

UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

The Development of forum non conveniens in the Chinese Law and Practice

Symposium for Trevor Hartley at LSE on 27 October 2023

Recognition and Public Certification of German Ipso Iure Converted Pay Paternity Into Paternity With Civil Status Effects Does Not Violate Swiss Ordre Public

RabelsZ: New issue alert

“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

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