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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. See the table below.
The Universidade Portucalense (UPT) will be hosting the 2nd International Congress of Civil ProceduralLaw on 15 and 16 December 2023. The hybrid event will focus on “The Challenges of De-Judicialisation of Justice” The organizers have been so kind as to share the call for papers with us.
Zhengxin HUO A Landmark Change from Absolute to Restrictive Immunity: A Commentary on Foreign Sovereign Immunity Law of the Peoples Republic of China Abstract: On 1 September 2023, the Chinese national legislature adopted the Law of the People’s Republic of China on Foreign State Immunity.
Add provisions on extraterritorial investigation and evidence collection On one hand, amended China’s Civil ProcedureLaw continues the requirement that Chinese courts conduct extraterritorial investigation and evidence collection in accordance with international treaties or diplomatic channels.
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.
The second issue of 2023 of Giustizia consensuale (published by Editoriale Scientifica) has just been released, and it features: Giuseppe Trisorio Liuzzi (Professor at the Università degli Studi di Bari “Aldo Moro”), La composizione negoziata. The paper offers an in-depth analysis of the most recent literature and case-law on this instrument.
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. A reshaping of Art. Pursuant to Art.
Colleagues at the University of Heidelberg are organising this conference on 20 Januari 2023 at the. Participation is free, but r egistration is required by 5 January 2023: notareg@igr.uni-heidelberg.de. Auditorium of the Neue Universität at Heidelberg University, Universitätsplatz 1, 69117 Heidelberg. Programme: 1 p.m.
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.
Registration now open Dates: Friday and Saturday, 9 and 10 June 2023 Venue: Universitätsclub Bonn, Konviktstraße 9, D – 53113 Bonn Registration: sekretariat.weller@jura.uni-bonn.de Registration Fee: € 220.- Programme Friday, 9 June 2023 8.30 Young Scholars Rate (limited capacity): € 110.-
In March 2023, the Tokyo High Court upheld the Shizuoka District Court’s decision, allowing the retrial to proceed and dismissing the prosecution’s appeal. In 1980, his death sentence was finalized by the Supreme Court of Japan. In 1981, he requested a retrial.
The Parliament engaged in deliberations on bills like the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 , which seek to reform criminal laws by replacing some of India’s existing criminal procedurelaws. Wednesday, the Los Sabha passed some of these criminal reform laws.
The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedurallaws ( Justizkonflikt) between the United States and Germany. Kronke: Obituary on Jürgen Basedow (1949–2023) C. Rüsing: Dialogue International Family Law on April 28 and 29, 2023, Münster
Section one contains Highlights on the indirect jurisdiction in India, an amendment to the Chinese Civil ProceduralLaw, the James Finlay (Kenya) Ltd litigation in the United Kingdom, and a review of the development of PIL in the US and beyond in the year of 2023.
A conference on “The Law of Treaties as Applied to Private International Law” will take place at the Catholic University of Milan on 5 and 6 May 2023, under the auspices of the Italian Society of International Law and EU Law (SIDI) and the European Association of Private International Law (EAPIL).
Reibetanz: Procedural Consumer Protection under Brussels Ibis Regulation and Determination of Jurisdiction under German ProceduralLaw (Sec. German procedurallaw does not provide for a place of jurisdiction comparable to Article 8 (1) Brussels Ibis Regulation, the European jurisdiction for joinder of parties.
Vesna Lazic and Peter Mankowski, The Brussels I-bis Regulation: Interpretation and Implementation, Edward Elgar 2023 (602 pp) This impressive book on the Brussels I-bis Regulation has just been published. It results from a project headed by Vesna Lazic (Utrecht University/T.M.C.
Up to 10 September 2023, there had been 63 cases in total concerning the recognition and enforcement of foreign judgments on the grounds of reciprocity or judicial assistance treaties ratified by China in civil or commercial matters. Jiangsu Textile Industry (Group) Import & Export Co.,
By Moses Wiepen, Legal Trainee at the Higher Regional Court of Hamm, Germany In its decision of 21 July 2023 (V ZR 112/22), the German Federal Court of Justice confirmed that Art. In general, following the procedurallaw principle of actor sequitur forum rei , the Canadian trust should be brought to court in Canadian courts.
China’s top legislature has prioritized and made significant progress in foreign-related legislations across various legal domains, including civil, commercial, economic, administrative, and procedurallaws.
Alongside features commons to the courses of the initial period, such as the approach to the study of private international law, outlined by Pasquale Stanislao Mancini, and the comparative method, there are however distinctive and noteworthy features in the courses offered between 1973 and 2023.
María Mercedes Albornoz: Private International Law in Mexico’s New National Code of Civil and Family Procedure, pp. 325–354, DOI: [link] In June 2023, Mexico enacted a National Code of Civil and Family Procedure that includes private international law provisions on procedural matters. 379–421).
A such warm-up academic initiative is a part of the main proceedings of the XVI ASADIP Conference2023 “PIL between Innovation and the Disruption”,which will take place between 10-11 August 2023 in Rio de Janeiro (PUC Rio and University of Estado do Rio de Janeiro – UERJ).
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?
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.
Cornell), Bachelor of Laws (ZUEL). * The doctrine of forum non conveniens is an important principle in civil procedurelaws and frequently applied by courts in many legal systems, especially those of common law countries.
Author: Martina Ticic , assistant at the University of Rijeka, Faculty of Law and doctoral student funded by the Croatian Science Foundation (Hrvatska zaklada za znanost – HRZZ) On 13 December 2023, two years after the first legislative proposal has been published, the new Regulation (EU) 2023/2844 of the European Parliament and of the Council (..)
2023) Gui 71 Xie Wai Ren No. In February 2023, in order to enforce the rights confirmed by the Thai Judgment, and considering that Orient Thai Airlines has multiple branches in China that may have executable assets, Nanning China Travel applied to the Nanning Court for recognition and enforcement of the Thai Judgment.
Kahl: Security for legal costs before the Unified Patent Court compared to German and Austrian law (on UPC, Central Division Munich of 30 October 2023, UPC_CFI_252/2023) (German) The article takes a decision of the Unified Patent Court (UPC) as an opportunity to examine the discretionary provision on security for costs, Art.
In both proceedings, the question also arose as to whether the law applicable under the general rules of Art 3, 4 Rome I Regulation can be applied instead of the law applicable under Art 6 Rome I Regulation if the former is more favourable to the consumer in the specific case.
eds.), The 2019 HCCH Judgments Convention – Cornerstones, Prospects, Outlook (2023) 187-188; Idem “The Recognition of Foreign Judgments as a Tool of Economic Integration – Views from Middle Eastern and Arab Gulf Countries, in P Sooksripaisarnkit and S R Garimella, China’s One Belt One Road Initiative and Private International Law (2018) 226-229).
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. According to sec. 013672 ). [3]
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. The Brussels Ibis Regulation is certainly the fundamental reference-instrument of cross-border judicial cooperation in civil matters within the European Union.
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.
Likewise, the Brussels I-bis Evaluation Study (2023) also examined how the Brussels I-bis applies to business and human rights disputes. This disclosure must adhere to national procedurallaws. If such a disclosure is requested in a cross-border setting within the EU, the Taking of Evidence Regulation also applies.
On February 23 rd and 24 th , 2023, young scholars came together at the Siegmund Freud University, Vienna, to discuss different views on private international law under the theme of “Deference to the foreign – empty phrase or guiding principle of private international law?”.
The Chinese Supreme People’s Court (hereinafter “ SPC “) issued “SPC’s Regulation on Several Matters Concerning the Jurisdiction of Foreign-Related Disputes” (hereinafter “ Regulation 2022 “), [1] which will enter into force on 1st January 2023. It should also be noted that according to Art.
On 6 June 2023, the Mexican National Code of Civil and Family Procedure has been passed by decree issued by the Mexican president Andrés Manuel López Obrador. A specific procedure has been foreseen for the way in which it will be adopted in the Mexican states (see article 2 of the transitory articles).
This post is the first of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. Non-state law becomes relevant within German PIL only when referred to by the state legal order, e.g. by interlocal or interpersonal conflict laws.
As pointed out by Lord Leggatt in the judgment, English procedurallaw provides for three different types of actions: Group Litigation Orders (CPR 19.11), common law representative actions, and statutory collective proceedings under the Competition Act 1998. 24] This Review is due in 2023.
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 ).
Final Update of 29 August 2023: New entries are printed bold. 847-880 (available here ) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. International Law – A Practical Manual [Working Title], London 2022, pp.
In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter.
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