Conflict of Laws

JANUARY 30, 2025

The fourth issue of 2024 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. It features: Francesca C. After a brief examination of the text of the Directive (EU) No.

Procedural Law 59

Procedural Law Legal Legal Laws 59

ClimateChange-ClimateLaw

DECEMBER 12, 2023

On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. The program is intended to ensure compliance with the annual emission targets for the building and transportation sectors for the years 2024 to 2030. Unlike in the 2021 landmark ruling in Neubauer et al. million tons of CO2 equivalent).

Litigating 142

Litigating Litigation Government Court 142

Conflict of Laws

JANUARY 22, 2024

Transsaqui SL , arises from a reference for a preliminary ruling of the Supreme Court of Spain (Tribunal Supremo). There, the Court held that private enforcement of cartel damages claims could be directed both at the parent company and its subsidiaries. This case, C-632/22 – AB Volvo./. EUR 25,000.- plus interest and costs.

Procedural Law 64

Procedural Law Court Laws Manufacturing 64

Conflict of Laws

OCTOBER 1, 2024

Of these, 26 were successful cases where the Chinese courts decided to recognize and enforce foreign judgments while 3 were partially successful cases (the Chinese courts recognized compensatory damages but rejected punitive damages); the recognition and enforcement of foreign judgments were rejected in the remaining 34 cases.

Compensatory Damages 72

Compensatory Damages Court Punitive Damages Procedural Law 72

Conflict of Laws

JULY 2, 2024

Theimer: The last arrow in the English courts’ quiver? Quasi-anti-suit injunctions’ and damages for breach of exclusive choice of court agreements This article analyses the last instance of failed integration of English common law instruments into the jurisdictional system of the Brussels regime.

Contract 52

Contract Court Laws Procedural Law 52

Conflict of Laws

OCTOBER 3, 2024

Broadly speaking, indirect jurisdiction refers to the jurisdiction of the foreign court in the context of recognizing and enforcing foreign judgments. Concretely, the court being asked to recognize and enforce a foreign judgment evaluates whether the foreign court had proper jurisdiction to hear the dispute. I (2017) 151.)

Court 75

Court Legal Legal Laws 75

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

APRIL 1, 2025

The news about the Supreme Peoples Court of the Peoples Republic of China issuing the Notice on Procedural Matters Related to Civil Cases Involving Foreign State Immunit y has been previously reported on this blog. Her post was originally published on the Supreme Peoples Court Monitor.

Court 59

Court Laws Procedural Law Government 59

Conflict of Laws

JUNE 16, 2024

However, as I have learned more about the procedural history preceding the decisions of the Dubai Supreme Court (“DSC”), which was not available to me when I posted my previous comment, greater emphasis will be placed on the general factual background of the case. First Appeal: DSC, Appeal No. Second Appeal: DSC, Appeal No.

Court 59

Court Legal Assistance Legal Assistant Legal 59

Conflict of Laws

DECEMBER 4, 2024

In the editors’ words, the book aims “ to shed light on the often overlooked legal difficulties at the interface between international family law and migration law ” (p. Ulf Maunsbach argues for allowing individual exceptions to enable authorities and courts to make carefully considered decisions.

Family Law 45

Family Law Laws Legal Legal 45

Conflict of Laws

AUGUST 5, 2024

Meng Yu, lecturer at China University of Political Science and Law, and co-founder of China Justice Observer. This case marks the first time that a Chinese court has recognized and enforced a Thai monetary judgment. Guangxi High People’s Court’s news ). On 16 September 2019, the Thai Court issued a civil judgment No.

Court 49

Court Procedural Law Contract Laws 49

Conflict of Laws

JANUARY 3, 2025

While the parties had chosen Dutch law to be applicable to the contract, the court held that the German provision was applicable in view of Art. 3 of the Rome I Regulation, which stipulates the application of mandatory provisions of the state in which the facts of the case are exclusively located if the law of another state is chosen.

Notary Public 59

Notary Public Contract Laws Court 59

Conflict of Laws

DECEMBER 13, 2023

On September 1, 2023, the Standing Committee of China’s National People’s Congress (NPC Standing Committee) passed the Law of the People’s Republic of China on Foreign State Immunity (FSIL) (English translation here ). The FSIL will enter into force on January 1, 2024. The most notable is Article 19.

Laws 75

Laws Litigating Litigation Court 75

Conflict of Laws

FEBRUARY 26, 2025

Wagner: European Conflict of Law 2024: Business as usual? This article provides an overview of developments in Brussels in the field of judicial cooperation in civil and commercial matters from January 2024 until December 2024. 1215/2012 does not foresee the jurisdiction of European courts for such claims.

Diligence 45

Diligence Contract Court Decisions Punitive Damages 45

Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

Tort 52

Tort Court Procedural Law Laws 52

Conflict of Laws

MAY 20, 2024

Introduction After extensive negotiations, on 24 April 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive (CSDDD or CS3D) as part of the EU Green Deal. This disclosure must adhere to national procedural laws.

Diligence 80

Diligence Litigating Litigation Laws 80

Paralegal Bootcamp

NOVEMBER 17, 2023

She’s currently writing a textbook with criminal lawyer, Paul Moreau, and it’s titled Criminal Law and Procedure for Alberta Legal Professionals expected to be published with Edmund Publishing in 2024. And it’s primarily just to stay on top of the changes in the, the court’s processes.

Paralegal 147

Paralegal Paralegals Paralegal Studies Education 147

Conflict of Laws

MAY 3, 2024

With great sadness did we receive notice that Erik Jayme passed away on 1 May 2024, shortly before his 90 th birthday on 8 June. Those who met him in person were certainly overwhelmed by his humour and humanity, by his talent to approach people and engage them into conversations about the law, art and culture.

Law School 126

Law School Laws Entertainment Legal Research 126

SCOTUSBlog

MARCH 6, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. Once again this week, the Supreme Court has been busy sifting through the relists. And the court denied review of a petition raising a First Amendment challenge to university bias-response teams.

Court 105

Court Attorney Laws Government 105

Conflict of Laws

AUGUST 12, 2024

It contains the following contributions which are also available open access : OBITUARY Holger Fleischer, Heike Schweitzer: Ernst-Joachim Mestmäcker – † 22 April 2024, pp. The question then arises: Have courts and victims come to undervalue natural restitution or even forgotten of its existence?

Laws 59

Laws Legal Legal Procedural Law 59

Conflict of Laws

SEPTEMBER 20, 2024

Since its foundation in 1926, the Max Planck Institute in Hamburg (or its predecessor) has continuously published the collection of PIL decisions by German courts. The decisions are boiled down to their private international law aspects and categorized according to subject matter. New decisions are continually being incorporated.

Procedural Law 64

Procedural Law Litigating Litigation Laws 64

SCOTUSBlog

OCTOBER 5, 2024

Share Twice in the past decade the Supreme Court has blocked Oklahoma from executing Richard Glossip. But even with the Oklahoma’s rare confession of error, both the state’s highest court for criminal cases and the state’s pardon and parole board turned down Glossip’s pleas for relief. 9, two former U.S.

Court 117

Court Attorney Court Decisions Court Rules 117

Conflict of Laws

MAY 17, 2024

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0 4] However, as the referendum results showed 51.9%

Drafting 64

Drafting Government Legal Legal 64

Conflict of Laws

DECEMBER 13, 2024

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 Procedure Law Yasuhiro Okuda From Past to Future The Emergence and Development of Advance Choices Adrian D.

Laws 40

Laws Contract Procedural Law Legal 40

Conflict of Laws

SEPTEMBER 14, 2023

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 ). But Russia joined the restrictive immunity camp in 2016, when its law on the jurisdictional immunity of foreign states went into effect.

Drafting 49

Drafting Court Laws Tort 49

Conflict of Laws

MARCH 10, 2025

By Sophia Tang, Wuhan University Chinas New Civil Procedure Law adopted in 2023 and taking effect from 1 Jan 2024 introduces significant changes to the previous civil procedure law regarding cross-border litigation. One of the key changes pertains to choice of court agreements.

Procedural Law 45

Procedural Law Court Laws Contract 45

Conflict of Laws

FEBRUARY 16, 2025

This article investigates the time frames in which a judge can order the referral to mediation, both when the parties have not satisfied the procedural condition required by law and when the judge intends to use court-ordered mediation. Drawing on the speech delivered at the Conference The Future of Family Mediation.

Litigating 59

Litigating Litigation Technology Procedural Law 59

Conflict of Laws

OCTOBER 14, 2024

Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil Procedure Law (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes.

Procedural Law 64

Procedural Law Litigating Litigation Laws 64

Conflict of Laws

OCTOBER 31, 2024

Vollrath: Protection of EU Member States’ Treaties with Third Countries in European Private International Law In a decision from 2020, the Supreme Court of the United Kingdom authorised the enforcement of an ICSID-award in the United Kingdom. However, the relevant provisions are scattered across various legal acts.

Contract 59

Contract Tort Legal Legal 59

Conflict of Laws

FEBRUARY 24, 2025

In addition, case law in this field has encountered difficulties in articulating the applicable guiding principles and is sometimes ambiguous, inconsistent, or even contradictory. 12196 of 22 November 2024 a. Facts The first case concerns the enforcement of a court-approved settlement deed ( saqq ) issued by a Saudi court.

Court 59

Court Procedural Law Court Rules Laws 59

Conflict of Laws

DECEMBER 27, 2024

Nonetheless, it has to be acknowledged that, in the context of the recognition and enforcement of foreign family law decisions, several issues remain open. In addition, since the entry into force of the new law, there have been relatively few reported cases that provide clear guidance on the application of the legal framework.

Family Law 49

Family Law Court Divorce Laws 49

Conflict of Laws

DECEMBER 16, 2024

From 2 to 6 December 2024, the second edition of The Hague Academy of International Laws Advanced Course in Hong Kong was held, co-organised by the Asian Academy of International Law (AAIL) with the support of the Department of Justice of the Government of the Hong Kong SAR. 301 Civil Procedure Law (2023).

Procedural Law 52

Procedural Law Punitive Damages Legal Legal 52

Conflict of Laws

DECEMBER 22, 2024

The last issue of RabelsZ 2024 has just been released. 760786, [link] According to the principle of forum regit processum , a court deciding a dispute applies its own national procedural law even in cases which are substantively governed by foreign law. 829854).

Contract 59

Contract Drafting Laws Procedural Law 59

The Crime Report

JANUARY 17, 2023

Only after Trump’s post 2022 midterm election losses, when he announced in November that he would be running for president in 2024, did Garland finally appoint Special Counsel Jack Smith to investigate both the January 6 insurrection and the Mar-a-Lago stolen documents caper. .

Attorney 133

Attorney Diligence Laws Procedural Law 133

JURIST

JANUARY 5, 2025

Thus, the court was tasked with considering whether Trump, as a president-elect, enjoys the same immunity protections from state prosecution as a sitting president. The court also rejected Trump’s Clayton motion , seeking to dismiss the indictment under New York Criminal Procedure Law section 210.40.

Procedural Law 197

Procedural Law Court Government Laws 197