Conflict of Laws

FEBRUARY 18, 2024

These cross-border transactions present complex legal questions, such as the place where potential disputes will be adjudicated. This type of ‘unwritten’ jurisdiction agreement remains largely unexplored in the legal scholarship. In our latest article , published in the 2023 edition of the Journal of Private International Law , vol.

Contract 72

Contract Litigation Litigating Civil Law 72

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”). 2114/Q of 21/8/1436 Hegira [June 9, 2015] refusing enforcement of legal interests ordered by Bahraini courts but allowed partial enforcement of the main award).

Civil Law 52

Civil Law Laws Legal Legal 52

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. Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Kobe Steel Ltd., Urgenda Foundation v. Royal Dutch Shell plc. )

Court 115

Court Construction Litigation Litigating 115

ClimateChange-ClimateLaw

MAY 30, 2024

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form.

Drafting 59

Drafting Litigating Litigation Diligence 59

Conflict of Laws

NOVEMBER 4, 2024

Jochen Hoffmann and Lisa-Marie Pischel , Die Kollision von CISG und nationalem Verbraucherschutzrecht (Conflicts Between the CISG and National Consumer Law), pp. September 2023 als Instrument zur Gestaltung des Völkergewohnheitsrechts (Immunity of Foreign States Under the Law of the People’s Republic of China.

Diligence 49

Diligence Contract Laws Legal 49

Conflict of Laws

MAY 18, 2023

The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law ( Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 , on appeal from [2021] EWCA Civ 63 ).

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Conflict of Laws

JULY 10, 2023

The description of the book reads as follows: Thus far, private international law issues relating to punitive damages have mainly been dealt with from the perspective of several European countries. Systematic research into countries outside Europe was lacking up until now.

Punitive Damages 52

Punitive Damages Civil Law Laws Legal 52

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 40

Legal Legal Civil Law Laws 40

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. International treaties that have not yet entered into force for China cannot be used as a legal basis for the people’s courts to make decisions.

Court 69

Court Construction Contract Laws 69

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 52

Laws Procedural Law Court Legal 52

Conflict of Laws

JUNE 26, 2024

Although the decision is rendered by a first instance court and is likely to be appealed to higher courts, and potentially overturned, the facts of the case and the ADCFC’s ruling provide interesting elements for further legal analysis and debate. In its judgment, the ADFCF refers to the contract dated 7 December 2023 ).

Divorce 52

Divorce Laws Court Contract 52

ClimateChange-ClimateLaw

DECEMBER 12, 2023

On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. The judgment and the underlying (political and legal) conflicts are also interesting beyond their German relevance, as the case raises fundamental questions for climate governance.

Litigating 142

Litigating Litigation Government Court 142

Conflict of Laws

OCTOBER 14, 2024

As a supplement, Paragraph 2 provides that “notwithstanding the preceding paragraph, foreign-related civil disputes that have other appropriate connections with the People’s Republic of China may fall under the jurisdiction of the People’s Courts.” npc/c2/c30834/202112/t20211227_315637.html>

Procedural Law 64

Procedural Law Litigation Litigating Laws 64

Conflict of Laws

DECEMBER 16, 2024

10), which according to Franzina was designed not primarily with civil law systems in mind, but rather for common law jurisdictions, who were assumed to have difficulties in asserting the public policy exception (Art. 301 Civil Procedure Law (2023). 7 (1) lit.

Procedural Law 52

Procedural Law Punitive Damages Legal Legal 52