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Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. The latest amendments to the Civil Procedure Law in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions. See the table below.

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

Conflict of Laws

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 procedure law. It was approved by means of Law No. A reshaping of Art. Pursuant to Art.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2023: Abstracts

Conflict of Laws

Freitag: More Freedom of Choice in Private International Law on the Name of a Person! The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedural laws ( Justizkonflikt) between the United States and Germany. Kronke: Obituary on Jürgen Basedow (1949–2023) C.

Tort 52
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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. In particular, the court did not follow the government’s argument that a “climate action program” adopted in 2023 fulfills the requirements of an immediate action program, because these are two different measures under the CCA.

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China’s Cause of Foreign-related Rule of Law

Conflict of Laws

(drafted by Liu Zuozhen and revised by Tu Guangjian) In recent years, China has put much emphasis on foreign-related rule of law. China’s top legislature has prioritized and made significant progress in foreign-related legislations across various legal domains, including civil, commercial, economic, administrative, and procedural laws.

Laws 52
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Chinese Judicial Practice on Asymmetric Choice of Court Agreements in International Civil & Commercial Disputes

Conflict of Laws

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 procedure law.

Court 45
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Conflict of Laws - Untitled Article

Conflict of Laws

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. The current state of the CSDDD already represents a milestone.