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Classification of limitation in the context of foreign-seated arbitrations – procedural or substantive? The limitation in India is governed by the Limitation Act, 1963 (“Limitation Act”). The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedurallaw.
In the present case, both places were in Spain; thus, a decision between them was only necessary to answer the question of local jurisdiction, which is also governed by Art. Reibetanz: Procedural Consumer Protection under Brussels Ibis Regulation and Determination of Jurisdiction under German ProceduralLaw (Sec.
As a consequence of its application, all claims are governed by the same applicable law, thereby fostering the effectiveness of collective redress. Lehmann: Locating Financial Loss and Collective Actions in Case of Defective Investor Information: The CJEU’s Judgment in VEB v BP. Unlike the Principles, however, Law No.
Vidal-Hall [9] concerned the first challenge of jurisdiction and in particular whether the court should allow the serving of proceedings on the defendant outside the jurisdiction under the Civil Procedure Rules [10]. The more recent English Supreme Court judgment in Lloyd concerned the second challenge, collective redress. 10] CPR PD 6B para.3.1(9).
Successive Nigerian governments across all tiers have made the attraction of foreign investments a cardinal part of their economic policies and have accordingly made deliberate efforts and committed abundant resources to attract foreign investments into Nigeria. [1]
In addition, the Bundesgerichtshof commented on disputed questions of private international law concerning the limitation of liability under maritime law. The case note argues that the court was correct in its classification under European Conflict of Laws but wrong in its classification regarding the German rules of jurisdiction.
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