Remove 2023 Remove Contract Remove Court Decisions Remove Family Law
article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2023: Abstracts

Conflict of Laws

This decision provides an opportunity to examine the prerequisites and legal consequences of apparent establishments and so-called virtual establishments (internet presences) from a general perspective, both in the context of Article 7 (5) Brussels Ia Regulation and in connection with Article 19 (2) Rome I Regulation. Notifications: C.

article thumbnail

Bahraini High Court on Choice of Court and Choice of Law Agreements

Conflict of Laws

Similarly, the foreign law chosen as the governing law of a contract is often not applied because of the procedural status of foreign law as a matter of fact, the content of which must be ascertained by the party invoking its application. Pursuant to Article 4 of Law No. Weller et al.

Court 69
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Dubai Supreme Court Admits Reciprocity with the UK and Enforces an English Judgment

Conflict of Laws

2) The foreign judgment is contrary to public policy because it violates Islamic Sharia law, individual property rights and the distribution of property under UAE law. 3) The parties have not (yet) been divorced under Pakistani law or Islamic Sharia. 37 (2023), pp. This decision was later upheld by the DSC ( Appeal No.

Court 78
article thumbnail

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

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 52
article thumbnail

Caught Between Legal Boundaries: Child Custody Disputes Across Japan and Bangladesh

Conflict of Laws

It concluded that the appropriate forum to resolve the custody dispute is the Family Court, where proceedings were already pending. A summary of the case is provided by S Khair and M Ekramul Haque, State Practice of Asian Countries in International Law – Bangladesh (2022) 28 Asian Yearbook of International Law 195 ).

Legal 45
article thumbnail

Moroccan Supreme Court Confirms Child Return Order to Switzerland under the HCCH 1980 Child Abduction Convention

Conflict of Laws

Although the Supreme Courts ruling was issued over a year ago ( Ruling No. 198 of 25 April 2023 ), it has only recently been made available, bringing the total number of Hague Convention cases to eight (based on my own count and the available information. For an outline of the other Hague Convention cases, see here ).

Court 52