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Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

In Maska the 1st claimant/respondent instituted an action for summary judgment against the defendant/appellant and the 2nd respondent at the High Court of Katsina State for breach of contract. The 1 st claimant/respondent also alleged that the defendant/appellant failed to pay for the goods, which resulted in the present action.

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Anti-Suit Injunctions and Dispute Resolution Clauses

Conflict of Laws

3] Where the anti-suit application is to restrain foreign proceedings brought in breach of an arbitration or choice of court agreement, ordinarily it would be granted unless strong cause is shown by the respondent. [4] Further to that, contracts of carriage were entered into between the two companies.

Tort 45
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Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

Patently O

In 2011, OnAsset granted a security interest in the ‘247 patent to Main Street Capital Corporation (“Main Street”) as part of a loan agreement. The opinion by Judge Prost rejected Zebra’s argument that Main Street had the exclusive ability to license the ‘247 patent upon OnAsset’s default.

Court 56
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2023: Abstracts

Conflict of Laws

Danda: The concept of the weaker party in direct actions against the insurer. A/S the CJEU iterates on the principle expressed in Recital 18 Brussels I bis Regulation that in cross-border insurance contracts only the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules.

Court 52
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Report of the Oxford Conference on “Characterisation in the Conflict of Laws”

Conflict of Laws

The conferences topic, characterisation, is the process for identifying the nature or category of a particular cause of action (for instance contractual, tortious, proprietary, corporate, matrimonial), so that the correct connecting factor can be employed which then points to the applicable law or to the competent court.

Laws 45
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Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp

Conflict of Laws

The BVI liquidation proceedings were recognised as a ‘foreign main proceeding’ in Singapore pursuant to the UNCITRAL Model Law on Cross-Border Insolvency as enacted under Singapore law. [6] 14] However, as mentioned above, the BVI insolvency proceedings had been recognised as a ‘foreign main proceeding’ by the Singapore court.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2024: Abstracts

Conflict of Laws

Law applicable to contracts for the supply of digital content and digital services This article shows that Directive (EU) 2019/770 on contracts for digital content and services does not harmonise perfectly with the existing EU conflict of laws. Regarding consumer contracts, Art. 4(a) does not fit to digital products.