Civil Law, Contract and Government

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Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

FEBRUARY 18, 2024

In our latest article , published in the 2023 edition of the Journal of Private International Law , vol. Therefore, our paper provides the first comparative global perspective of the enforcement of implied jurisdiction in international contracts. Articles 3(c) and 5(1) address formal and substantive validity.

Contract

Contract Litigating Litigation Civil Law

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

Conflict of Laws

APRIL 13, 2023

The determination of the law applicable to limitation is a complex exercise. The aim of this post is to explore how would Indian substantive law of the contract impact limitation period and party autonomy, especially in the context of contracting out of limitation in a foreign-seated international arbitration.

Laws

Laws Procedural Law Contract Government

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Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

Contract

Contract Laws Civil Law Procedural Law

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Chinese Case Law Collection Adds to the CISG’s Jurisconsultorium: Reflections on the United Nations Convention on Contracts for the International Sale of Goods and its Domestic Implementations

Conflict of Laws

NOVEMBER 20, 2022

The United Nations Convention on Contracts for the International Sale of Goods (‘ CISG ’), currently adopted by 95 States, is a treaty intended to harmonise the laws governing cross-border goods trade: and thereby promote trade itself. Senior Lecturer, Department of Business Law and Taxation, Monash Business School.

Contract

Contract Laws Civil Law Legal

What is an international contract within the meaning of Article 3(3) Rome I? – Dexia Crediop SpA v Provincia di Pesaro e Urbino [2022] EWHC 2410 (Comm)

Conflict of Laws

OCTOBER 21, 2022

A central question of the dispute was the law applicable to the contract. Pesaro claimed breaches of Italian civil law in its proceedings, while Dexia argued that only English law applies. According to Article 3(1) Rome Convention, a contract is governed by the law chosen by the parties.

Contract

Contract Court Laws Government

Review of Afifah Kusumadara, Indonesian Private International Law, Oxford: Hart Publishing, 2021, 288 pp, hb $140

Conflict of Laws

AUGUST 29, 2024

After reading and reviewing a thought-provoking book on the choice of law in international commercial contracts in Indonesia last year, I decided to delve further into the subject by picking up a book on Indonesian private international law. This review provides an overview of its content. Luis F.S.S. 97, 111-112).

Laws

Laws Contract Tort Divorce

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

DECEMBER 12, 2020

From the perspective of private international law, the following two issues, among others, are particularly worth of concern: (1) Jurisdiction: The Court exercised the jurisdiction over the dispute because the Dutch defendants did not raise an objection to its jurisdiction who responded to the action timely. [7].

Laws

Laws Court Contract Legal

The New Saudi Civil Transaction Act and its Potential Impact on Private International Law in Saudi Arabia

Conflict of Laws

JUNE 24, 2023

Like most of the civil law codifications in the region, the new law focuses mainly on the so-called “patrimonial law,” i.e., property rights and obligations (contractual and non-contractual). Lebanon is the only country where choice-of-law principles have been developed mainly through case law.

Civil Law

Civil Law Laws Legal Legal

Third Issue of Journal of Private International Law for 2023

Conflict of Laws

FEBRUARY 13, 2024

The third issue of the Journal of Private International Law for 2023 has just been published. As such, it contributes to an understanding of implied jurisdiction agreements, providing valuable insights into their practical implications for international commercial contracts.

Laws

Laws Divorce Contract Legal

Promulgation of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of International Treaties and International Practices in the Trial of Foreign-related Civil and Commercial Cases

Conflict of Laws

FEBRUARY 5, 2024

We translated the press announcement as follows: Background and Significance of the Interpretation People’s courts face the important issue of how international treaties and international practices are applied domestically in foreign-related civil and commercial trials.

Court

Court Construction Contract Laws

This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention

Conflict of Laws

OCTOBER 9, 2023

The SC invited Contracting States, which have not done so already, to consider designating, in accordance with the Emerging Guidance regarding the Development of the IHNJ, one or more members of the judiciary for the purpose of direct judicial communications within the context of the IHNJ. It is submitted the following: 55.

Contract

Contract Civil Law Drafting Laws

First View of Third Issue of ICLQ

Conflict of Laws

JULY 7, 2022

Richard Garnett, “Determining the Appropriate Forum by the Applicable Law” The concepts of jurisdiction and applicable law have been traditionally regarded as separate inquiries in private international law: a court only considers the applicable law once it has decided to adjudicate a matter.

Personal Injury

Personal Injury Civil Law Contract Laws

New York’s Appellate Division Holds that Chinese Judgment Should Not Be Denied Enforcement on Systemic Due Process Grounds

Conflict of Laws

MARCH 15, 2022

states that have adopted Uniform Acts governing foreign judgments. As background, it is important to note that the recognition and enforcement of foreign country judgments in the United States is generally governed by state law. Moreover, U.S. On this, the Appellate Division was clearly correct.

Government

Government Court Civil Law Laws

Service of process on a Russian defendant by e-mail. International treaties on legal assistance in civil and family matters and new technologies

Conflict of Laws

SEPTEMBER 16, 2021

The foreign judgment in question was recognized and enforced by the Russian court based on the fact that the proper manner of the notification was confirmed by the opinion of experts under Cypriot law. In addressing the issue of compliance with the notification rules, the Russian court referred to paragraph 2 of Art. ” 2.2.

Legal Assistant

Legal Assistant Legal Assistance Technology Legal

The Abu Dhabi Civil Family Court on the Law on Civil Marriage – Applicability to Foreign Muslim and the Complex Issue of International Jurisdiction

Conflict of Laws

JUNE 26, 2024

Y also contested the jurisdiction of the ADCFC on three grounds: The ADCFC lacked territorial jurisdiction, as Y resides and works in Dubai, has no connection with Abu Dhabi and X presented a sham lease contract of an appartement located in Abu Dhabi in order to establish the jurisdiction of Abu Dhabi courts. (In

Divorce

Divorce Laws Court Contract

A Critique On The Territorial Jurisdiction Of Courts In India

LexForti

JUNE 4, 2021

The sheer origin of Jurisdiction can be claimed to draw its essence from Public International Law, Constitutional law, the conflict of laws and the powers stipulated in the legislative and executive branches of the government to allocate resources in order to adequately serve the needs of the society.

Cause of Action

Cause of Action Court Entertainment Constitutional Law

Third-party arbitration funding – Comparative analysis and Indian Perspective

LexForti

JUNE 2, 2022

Despite the absence of an open provision for TPF, the amendments in the “Arbitration and Conciliation Act, 1999” and the “Specific Relief Act, 1963” which have ensured that the performance of a contract is mandatory, boost the confidence of the funders and make it prone to increased cases of funding. CONFIDENTIALITY. 12] Union of India v.

Finance

Finance Litigating Contract Litigation

Decoding International Arbitration

InHouseOps

JUNE 13, 2022

Martinez: These cases can be highly complex and involve huge multinationals with global contracts and disputes based on large monetary claims and may include IP issues. We know this because when we receive their awards we see their experience through and the quality of their analysis of the case and application of the law.

Punitive Damages

Punitive Damages Healthcare Drafting Technology

A Guide to Common Paralegal Studies Classes

How To Become A Paralegal

APRIL 30, 2018

This may also be called a civil law class. In this class, you’re going to learn the basics of the civil law system. You’ll learn about civil law terms as well as how the civil court runs and how both of these differ from the criminal system. It could even be a government agency. Criminal Law.

Paralegal Studies

Paralegal Studies Paralegal Paralegals Legal Research

RabelsZ: New issue alert

Conflict of Laws

NOVEMBER 4, 2024

Jochen Hoffmann and Lisa-Marie Pischel , Die Kollision von CISG und nationalem Verbraucherschutzrecht (Conflicts Between the CISG and National Consumer Law), pp. The involved provisions are generally not compatible with each other, with the result that they cannot be applied to the same contract.

Diligence

Diligence Contract Laws Legal

The Need for an Uniform Civil Code in the Modern India

LexForti

AUGUST 7, 2021

Every religious practice has its civil law or particular law administrating its exclusive matters such as Marriage, Divorce, Maintenance, inheritance, and succession, etc. Till now the Goa is the only state of India that realizes the need for a universal civil code and enacted it as a law in its state.

Divorce

Divorce Laws Civil Law Government

“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

Conflict of Laws

OCTOBER 14, 2024

Paragraph 1 of Article 276 lists six jurisdiction grounds, including the place of contract formation, place of contract performance, place of the subject matter, place of distrainable property, place of tort, and place of representative offices.

Procedural Law

Procedural Law Litigating Litigation Laws

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

Conflict of Laws

DECEMBER 16, 2024

From 2 to 6 December 2024, the second edition of The Hague Academy of International Laws Advanced Course in Hong Kong was held, co-organised by the Asian Academy of International Law (AAIL) with the support of the Department of Justice of the Government of the Hong Kong SAR. 7 (1) lit.

Procedural Law

Procedural Law Punitive Damages Legal Legal

Paralegal Brief

Implied Jurisdiction Agreements in International Commercial Contracts

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

Webinars

Trending Sources

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Webinars

Chinese Case Law Collection Adds to the CISG’s Jurisconsultorium: Reflections on the United Nations Convention on Contracts for the International Sale of Goods and its Domestic Implementations

What is an international contract within the meaning of Article 3(3) Rome I? – Dexia Crediop SpA v Provincia di Pesaro e Urbino [2022] EWHC 2410 (Comm)

Review of Afifah Kusumadara, Indonesian Private International Law, Oxford: Hart Publishing, 2021, 288 pp, hb $140

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

The New Saudi Civil Transaction Act and its Potential Impact on Private International Law in Saudi Arabia

Third Issue of Journal of Private International Law for 2023

Promulgation of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of International Treaties and International Practices in the Trial of Foreign-related Civil and Commercial Cases

This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention

First View of Third Issue of ICLQ

New York’s Appellate Division Holds that Chinese Judgment Should Not Be Denied Enforcement on Systemic Due Process Grounds

Service of process on a Russian defendant by e-mail. International treaties on legal assistance in civil and family matters and new technologies

The Abu Dhabi Civil Family Court on the Law on Civil Marriage – Applicability to Foreign Muslim and the Complex Issue of International Jurisdiction

A Critique On The Territorial Jurisdiction Of Courts In India

Third-party arbitration funding – Comparative analysis and Indian Perspective

Decoding International Arbitration

A Guide to Common Paralegal Studies Classes

RabelsZ: New issue alert

The Need for an Uniform Civil Code in the Modern India

“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

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