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. Dr Benjamin Hayward*. Pursuant to Art. Pursuant to Art. Translation via Jie Luo.).

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Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Email: zhengxinh@cupl.edu.cn. Summary of Facts.

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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.

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How To Become A Paralegal

APRIL 30, 2018

Introduction to Civil Procedure. 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. Criminal Law.

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Conflict of Laws

OCTOBER 21, 2022

The following comment has been kindly provided by Sarah Ott, a doctoral student and research assistant at the University of Freiburg (Germany), Institute for Comparative and Private International Law, Dept. It is also a continuation of the English courts’ case law on contractual choice of law clauses.

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Conflict of Laws

JUNE 24, 2023

The Kingdom of Saudi Arabia (KSA) has recently enacted a new Civil Transactions Law (Royal Decree No. The law will enter into force on December 16, 2023, 180 days after its enactment (hereinafter referred to as “the new law”). M/199, dated June 16, 2023). M/73 of 9 March 2022, entered into force on June 18, 2022).

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Conflict of Laws

AUGUST 24, 2023

However, it is an ill-defined, notoriously complex, and hotly debated issue as to the weight that should be attached to a forum selection agreement in implying the choice of law. The legal systems compared include those from the global North and global South, including common law, civil law, and mixed legal systems.

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Conflict of Laws

DECEMBER 4, 2023

Service of Singapore process through the Convention will help ease the procedure in civil law countries, which may view service of foreign process as raising sovereignty issues. Parties may agree on service by post in most common law countries, including Singapore.

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Conflict of Laws

JULY 11, 2021

Notes on Law, Psychology, and Practice ; in Italian). Neil Andrews (University of Cambridge), Procedure, Party Agreement, and Contract (in English). The introduction of a framework law on ADR in public interest litigation could solve some of the most dramatic issues, naturally maintaining the indispensable flexibility.

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Conflict of Laws

MAY 18, 2021

The Law and Economics of Extreme Sports Sponsoring in Comparative Perspective. This article investigates the law and economics of extreme sports sponsoring in a comparative perspective. It is based on 40 structured interviews with sponsored athletes from various common law and civil law jurisdictions.

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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. Pacta sunt servanda” is a fundamental principle in treaty law.

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Conflict of Laws

JUNE 26, 2024

Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. In its judgment, the ADFCF refers to the contract dated 7 December 2023 ).

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Conflict of Laws

JULY 14, 2022

Zilin Hao, Anjie Law Firm, Beijing, China. In Chinese civil trial practice, there are two types of legal document to merits issued by courts that has the res judicata effect, namely Minshi Panjue Shu (“MPS”) (civil judgment) and Minshi Tiaojie Shu (“MTS”). Two commentors provide different views on this matter.

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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.

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Conflict of Laws

NOVEMBER 4, 2024

425–493, [link] One component of the European Green Deal is the implementation of a harmonized supply chain law in the form of the Corporate Sustainability Due Diligence Directive (CS3D). Its enforcement will rely inter alia on private law mechanisms. 494–526, [link] Despite the exclusion which Art.

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Conflict of Laws

JULY 7, 2022

The first view of two recent private international law articles have recently appeared in International and Comparative Law Quarterly. 9)(a) of Practice Direction 6B of the Civil Procedure Rules. It also examines the court’s pronouncements on the other question before it concerning proof of foreign law.

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Conflict of Laws

SEPTEMBER 15, 2023

These contracts – recurrently used by the Italian lawmaker, also for the implementation of the Recovery and Resilience Plan (NRRP) for strategic interventions, especially in the area of territorial cohesion – allow the Administrations involved to define their respective spheres of intervention while also preventing possible conflicts between them.

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Conflict of Laws

SEPTEMBER 16, 2021

Kostin, Senior Research Fellow at the Private Law Research Centre (Moscow, Russia) and counsel atAvangard law firm. and Valeria Rzyanina, junior associate, Avangard Law Firm. The following are excerpts from case law. Written by Alexander A. ” 2.2.

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Conflict of Laws

MARCH 22, 2022

The most recent issue of the German Journal of Comparative Law (Zeitschrift für Vergleichende Rechtswissenschaft) features the following articles on private international and comparative law: Werner F. Thus, various legal problems in these fields of law could be solved. 1 Satz 3 HGB. 1 Satz 3 HGB. According to Art.

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Conflict of Laws

JULY 9, 2021

(This post is provided by Zeyu Huang, who is an associate attorney of Hui Zhong Law Firm based in Shenzhen. Mr. Huang obtained his LLB degree from the Remin University of China Law School. He is also a PhD candidate & LLM at the Faculty of Law in University of Macau.

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Conflict of Laws

MARCH 15, 2022

Dodge (Professor, University of California, Davis, School of Law). Should courts in the United States refuse to recognize and enforcement Chinese court judgments on the ground that China does not provide impartial tribunals or procedures compatible with the requirements of due process of law? Supreme Court’s 1895 decision in Hilton v.

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Conflict of Laws

JANUARY 7, 2024

Mainland-Hong Kong Choice of Court Arrangement stipulates that, according to the law of the requested party, if the requested court has exclusive jurisdiction over the case, it shall not recognize and enforce it, that is, adopt the “exclusive jurisdiction exclusion” model.

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LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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LexForti

AUGUST 9, 2021

In understanding TPF in Indian laws, it is desirable to understand common law doctrines of Maintenance and Champerty. Historically, above English law, doctrines were considered an offence and were illegal predominantly in many common law jurisdictions. Indian Arbitration law does not contain any provision related to TPF.

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Conflict of Laws

MARCH 21, 2022

See the amicus brief filed by former US judges where they stressed that “mandating judicial analysis of ameliorative measures forces US courts beyond their traditional jurisdiction and interactions with foreign law / civil law judges perform investigatory functions; common law judges do not.”.

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LexForti

JUNE 2, 2022

Third-party funding is rather a new concept and was adapted by many legislations only recently due to the illegality of the doctrines of maintenance and champerty in common-law jurisdictions in the past. The concept of TPF, though accepted explicitly by the law of the land, has two sides to it similar to the way of a coin.

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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.

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Conflict of Laws

SEPTEMBER 22, 2023

Written by Ugljesa Grusic, Associate Professor at University College London, Faculty of Laws Jacco Bomhoff (LSE) , Ugljesa Grusic and Manuel Penades (KCL) are pleased to announce that the LSE Law School will host a symposium to celebrate the scholarly work of emeritus professor Trevor C Hartley.

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LexForti

AUGUST 7, 2021

All the ideologies have their particular law while dealing with exclusive matters of their followers. The article also provides recommendations for the better application of universal law in the country. 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.

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Conflict of Laws

OCTOBER 14, 2024

Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil Procedure Law (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes. 10] However, the precise extent required remains to be determined.

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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. 2 HCCH 1958 until Art.

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