Conflict of Laws

AUGUST 19, 2024

The second issue of 2024 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. Villata , Professor at the University of Milan: Mihail DANOV, Private International Law and Competition Litigation in a Global Context , Hart Publishing, Oxford, 2023, pp.

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Conflict of Laws

JULY 9, 2024

Section one contains Highlights on the indirect jurisdiction in India, an amendment to the Chinese Civil Procedural Law, 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.

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Conflict of Laws

JULY 2, 2024

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. 7(1)(b) Brussels Ia-Regulation.

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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.

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Conflict of Laws

OCTOBER 1, 2024

of ‘Jie (Jeanne) Huang, Developing Chinese Private International Law for Transnational Civil and Commercial Litigation: The 2024 New Chinese Civil Procedure Law , Netherlands International Law Review (2023).’ For detailed information about this research, please refer to section 5.3.1

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Conflict of Laws

MARCH 16, 2025

This article gives a glimpse of how Chinese courts handle asymmetric choice of court agreements in international and commercial civil litigations. [4] Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. 5] In Hang Seng Bank Ltd. 15] In Sun Jichuan v.

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Conflict of Laws

DECEMBER 13, 2023

The FSIL will enter into force on January 1, 2024. This law heralds a fundamental shift of China’s attitude towards foreign state immunity, from strict adherence to the absolute theory to adoption of the restrictive theory. Article 20 of the FSIL extends this principle to issues of foreign state immunity more generally.

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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. Such a court decision can be recognised in Germany under procedural law.

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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. She has two bachelor’s degrees and a master’s degree in education. Reasonably so. Not just clerical.

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Conflict of Laws

JUNE 29, 2023

6 ss 1 Basic Law. The rule therefore has to be reformed with regard to those appeals but will remain in force until the legislator remedies those defects, but not later than June 30, 2024. Beside the constitutional issues, the reasoning of the court raises many questions on aspects of private international law. In so far, Art.

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Conflict of Laws

JUNE 16, 2024

1556 of 16 January 2024 The lower courts in Dubai admitted the enforceability of the Canadian judgment. 392/2024 of 4 June 2024 The case was sent back before the court of remand, which, in light of the decision of the DSC, decided to overturn the order declaring enforceable the Ontario judgment. First Appeal: DSC, Appeal No.

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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 Code’s primary objectives are to streamline legal processes, enhance judicial efficiency, and promote consistency in civil and family litigation.

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Conflict of Laws

SEPTEMBER 20, 2024

‘Die deutsche Rechtsprechung auf dem Gebiete des Internationalen Privatrechts’, or short ‘IPRspr’, offers the complete and systematic documentation of German case law on private international law, including procedural law and foreign law. The database currently contains around 6,500 decisions dating back to 2004.

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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. 3] Civil Procedure Rule Committee, Minutes of 1 December 2023 , para. Thank goodness! [1] 1] HL Int.

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SCOTUSBlog

OCTOBER 5, 2024

The justices granted that request, and in January 2024 they agreed to take up Glossip’s case. But Michel disputes whether Drummond had specifically waived the application of the state procedural law to Glossip in this proceeding: His predecessor, Michel notes, did so in an earlier proceeding but only for that proceeding.

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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 ). The FSIL’s reciprocity clause is consistent with the emphasis on reciprocity that one finds in other provisions of Chinese law.

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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. This paper draws on the introductory remarks to the Conference The Future of Family Mediation.

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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. However, controversy remains.

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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. html> accessed 13 October 2024. [2]

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Conflict of Laws

DECEMBER 27, 2024

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. The court rejected this claim, stating that enforcing a judgment in accordance with the law does not breach good faith or constitute an abuse of rights. Comments 1.

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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).

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