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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.
The successful candidate must hold the First or Second German State Examination in law with distinction (“ Prädikat ”) and is interested in the international dimensions of private law, in particular private international law, international civil procedurallaw, and/or international commercial arbitration.
Expand the jurisdiction of Chinese courts over foreign-related civil cases The type of cases the court has jurisdiction over has been revised from “disputes due to contract or other property rights” to “foreign-related civil disputes other than personal status.”
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. It was approved by means of Law No. 5 Brussels Ia Regulation and Art. A reshaping of Art.
Following successful conferences in Bonn, Würzburg and Hamburg, please save the date for the 4th German-speaking Conference for Young Scholars in Private International Law, which will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna. The theme of the conference will be.
Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. Chen Jianbao , Beijing Fourth Intermediate Peoples Court pointed out that CPL allows parties to a contract the right to select the court by agreement, which reflects party autonomy in civil procedurelaw.
Coester-Waltjen: Non-Recognition of “Child Marriages“ Concluded Abroad and Constitutional Standards The Federal Supreme Court raised the question on the constitutionality of one provision of the new law concerning “child marriages” enacted by the German legislator in 2017. Kronke: Obituary on Jürgen Basedow (1949–2023) C.
A/S the CJEU iterates on the principle expressed in Recital 18 Brussels I bis Regulation that in cross-border insurance contracts only the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules. Danda: The concept of the weaker party in direct actions against the insurer. 36 (1) No.
The author criticizes that the ECJ characterizes the contract to enter into a future contract detached from the future contract and generally argues in favor of an ancillary characterization and a broad understanding of the provision of services for the purpose of Art. 7(1)(b) Brussels Ia-Regulation.
Thomale: Ipso facto clauses in cross-border cases (German) Ipso facto clauses or bankruptcy clauses present a controversial problem to both contractlaw and insolvency law. Special attention is given to anticipatory ipso facto clauses , cancelling the contract before the opening of insolvency proceedings.
If on the basis of question 1a (and/or 1b) not only one but several internally competent judges in the relevant Member State are designated, does Article 7, point 2, Brussels I bis then oppose the application of national (procedural) law that allows referral to one court within that Member State?
2023) Gui 71 Xie Wai Ren No. Orient Thai Airlines”), a Thai company, entered into an airline ticket sales contract based on their long-term cooperation in charter flights. The contract was signed in Nanning and stipulated that disputes would be settled by the court where the Orient Thai Airlines was located.
by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil ProceduralLaw, University of Bonn. 3] Civil Procedure Rule Committee, Minutes of 1 December 2023 , para. Brussels Ibis, Rome I-II etc.),
On 9 September 2022, the Max Planck Institute for ProceduralLaw Luxembourg hosted a conference on the Brussels Ibis Reform, in collaboration with the KU Leuven and the EAPIL. 1 in light of the principle of privity of contracts (“Relativität des Schuldverhältnisses”) and the concurrence of claims under Article 7 no.
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. Bauman , 571 U.S.
Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). Like the U.N.
The Yearbooks latest volume features the following table of contents : DOCTRINE New Perspectives for the CIEC/ICCS and its Work Hans Van Loon Recent Developments of Japanese Laws on ADR A Perspective of International Civil ProcedureLaw Yasuhiro Okuda From Past to Future The Emergence and Development of Advance Choices Adrian D.
By Sophia Tang, Wuhan University Chinas New Civil ProcedureLaw adopted in 2023 and taking effect from 1 Jan 2024 introduces significant changes to the previous civil procedurelaw regarding cross-border litigation. One of the key changes pertains to choice of court agreements. However, controversy remains.
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]
Her remarks offered important insights into the drafting process of both, the recent amendments to the Chinese Civil ProcedureLaw and the new Law of the Peoples Republic of China (PRC) on Foreign State Immunity (1 September 2023). 301 Civil ProcedureLaw (2023). Spains Art. For instance, Art.
Judge Stark / Federal Circuit / April 12, 2023 Case Overview This case involves Sanderling Management Ltd. Loyola University of Chicago Judge Jackson-Akiwumi / Seventh Circuit / July 25, 2022 Case Overview The case involves a group of students who filed a lawsuit against Loyola University, claiming breach of contract and unjust enrichment.
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