Conflict of Laws

OCTOBER 14, 2024

However, it is arguably the most crucial step for a court when determining its international jurisdiction and the applicable law. This is difficult where the action is unknown domestically or potentially falls in-between two categories and could thus be litigated in different fora or under different laws, leading to different outcomes.

Laws 102

Laws Cause of Action Litigating Litigation 102

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough.

Litigation 75

Litigation Litigating Laws Tort 75

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. They rule that the cause of action had accrued at the moment when the spilled oil had reached the shore. This was a one-off event and not a continuing nuisance.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

LexForti

JUNE 4, 2021

Furthermore, the aforementioned provision also stipulates that the suit may also be filed before the court within the local limits of the opponent, wherein a part or the whole of the cause of action is witnessed to arise. Where part or whole of the cause of action arises. In the case of A.B.C. Laminart Private Limited v.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

Conflict of Laws

APRIL 13, 2023

This distinction was affirmed by the DHC in the NNR Global Logistics case, which concerned the enforcement of a foreign award where the seat of arbitration was Kuala Lumpur and the applicable substantive law of the contract was Indian law. Indeed, this is the prevalent position in the civil law jurisdictions.

Laws 98

Laws Procedural Law Contract Government 98

LexForti

JUNE 13, 2023

Drafting the complaint: You need to draft a complaint specifying the facts necessary to establish your cause of action. For claims above INR 10 crores, the complaint can be filed with the National Consumer Disputes Redressal Commission.

Legal 52

Legal Legal Drafting Cause of Action 52

LexForti

NOVEMBER 5, 2021

The general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendments to plaint. As stated before, a pleading can be both plaint and written statements. The reason was stated as.

Diligence 52

Diligence Cause of Action Court Litigation 52