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.
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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
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.
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.
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.
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.
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.
Expert insights. Personalized for you.
102 
Let's personalize your content