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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

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.

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Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Conflict of Laws

The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law. Under Indian law, the limitation for the type of cause of action at stake, in this case, was three years as opposed to Malaysian law, where the limitation was six years.

Laws 98
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Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

However, when a party seeks an amendment of pleading regarding constructive res judicata , the Civil Court must reject such application. [11] 11] This rule is not confined to regular civil proceeding but can be ordered even by a presiding judge in execution, insolvency, arbitration and matrimonial proceedings. [12].