Civil Law, Contract and Legal

Austria Supreme Court refers Facebook data collection questions to ECJ

JURIST

JULY 23, 2021

Austria’s Supreme Court of Justice referred four fundamental questions regarding the legality of Facebook’s collection and use of EU customers’ data to the Court of Justice of the European Union (ECJ) on Tuesday. He is credited with identifying the Cambridge Analytica-Facebook scandal.

Court

Court Contract Civil Law Legal

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

FEBRUARY 18, 2024

These cross-border transactions present complex legal questions, such as the place where potential disputes will be adjudicated. This type of ‘unwritten’ jurisdiction agreement remains largely unexplored in the legal scholarship. In our latest article , published in the 2023 edition of the Journal of Private International Law , vol.

Contract

Contract Litigation Litigating 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

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. One such issue is limitation.

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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

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

In June 2021, Pesaro commenced legal proceedings in Italy seeking to unwind or set aside these transactions. Dexia then brought an action in England to establish the transactions were valid, lawful and binding on the parties. A central question of the dispute was the law applicable to the contract.

Contract

Contract Court Laws Government

Review of Kazuaki Nishioka, Treatment of Foreign Law in Asia, Oxford: Hart Publishing, 2023, 327 pp, hb £117

Conflict of Laws

AUGUST 27, 2024

The book examines 15 Asian jurisdictions, representing a variety of legal systems, including civil law (China, Taiwan, Japan, South Korea, Vietnam, Cambodia, Indonesia, and Thailand), common law (Hong Kong, Singapore, Malaysia, Myanmar, and India), and mixed jurisdictions (Philippines and Sri Lanka).

Laws

Laws Civil Law Legal Legal

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

Legalities of Third-Party Funding in India: The Road Ahead

LexForti

AUGUST 9, 2021

There are various types of third-party funding in international arbitration, such as litigation funding, success based legal fee arrangement, loan agreements, insurance policy, etc. Existing Indian Legal Jurisprudence. In understanding TPF in Indian laws, it is desirable to understand common law doctrines of Maintenance and Champerty.

Legal

Legal Legal Finance Litigation

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

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

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

New Article in Uniform Law Review

Conflict of Laws

AUGUST 24, 2023

To achieve this, the article covers all relevant international, regional, and supranational instruments, and selected legal systems in Africa, Asia, Australasia, Europe, the Middle East, and North and South America.

Laws

Laws Contract Civil Law 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

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

24 of the 1984 Legal Aid Treaty with the provisions of Art. In cases where the documents are not drawn up in in the language of the requested Contracting Party and are not provided with a translation, they are handed over to the recipient if only he agrees to accept them. The following are excerpts from case law. ” 2.2.

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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

Giustizia consensuale No 1/2023: Abstracts

Conflict of Laws

SEPTEMBER 15, 2023

Whilst doing so, it makes a contribution to the question of whether the de-judicialisation taking place in Italy and elsewhere, as well as in the international legal system, can be considered a step in the right direction. role of lawyers and their suitability to perform the function of rebalancing the asymmetries in the parties’ power.

Legal

Legal Legal Education Contract

‘Giustizia consensuale’: A New Law Journal on Consensual Justice in Its Many Nuances and Forms

Conflict of Laws

JULY 11, 2021

Notes on Law, Psychology, and Practice ; in Italian). It first analyses the conceptual, legal and systematic differences between conciliation and arbitration, with references to some areas of partial overlap (such as, for example, the one now opened by the Singapore Convention of 2019).

Laws

Laws Litigation Litigating Court

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

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

Although the decision is rendered by a first instance court and is likely to be appealed to higher courts, and potentially overturned, the facts of the case and the ADCFC’s ruling provide interesting elements for further legal analysis and debate. In its judgment, the ADFCF refers to the contract dated 7 December 2023 ).

Divorce

Divorce Laws Court Contract

The Convergence of Judicial Rules between Mainland China and Hong Kong has Reached a Higher Level

Conflict of Laws

JANUARY 7, 2024

By Du Tao* and Jingwei Qiu** With the increasingly close personnel exchanges and deepening economic cooperation between Mainland China and Hong Kong, the number and types of legal disputes between the two regions have also increased.

Punitive Damages

Punitive Damages Real Estate Court Legal

Is Chinese Judicial Mediation Settlement ‘Judgment’ in Private International Law?

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.

Laws

Laws Procedural Law Court Legal

The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Conflict of Laws

JULY 9, 2021

Following that, the real question is whether and how anti-suit injunction is compatible with Chinese law. Some argued that Article 100 of the PRC CPL provides a legal basis for granting injunctions having similar effects with anti-suit injunction at common law. [2]

Court

Court Procedural Law Litigating Litigation

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. DEGREE OF CONTROL. CONFIDENTIALITY.

Finance

Finance Litigation Litigating Contract

A Critique On The Territorial Jurisdiction Of Courts In India

LexForti

JUNE 4, 2021

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute.

Cause of Action

Cause of Action Court Entertainment Constitutional Law

A few thoughts on Golan v. Saada – this week at the US Supreme Court

Conflict of Laws

MARCH 21, 2022

In some legal systems, this void has been supplemented with additional legislative measures such as the Brussels II ter Regulation (2019/1111) in the European Union. The discretion of the court is thus key. Besides, and as we all aware, the Child Abduction Convention is not a treaty on recognition and enforcement of protective measures.

Court

Court Civil Law Legal Legal

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

But more fundamentally, reliance on the Country Reports was inappropriate because they “primarily discuss the lack of judicial independence in proceedings involving politically sensitive matters” and “do not utterly refute plaintiff’s allegation that the civil law system governing this breach of contract business dispute was fair.”.

Government

Government Court Civil Law Laws

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. First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice.

Punitive Damages

Punitive Damages Healthcare Drafting Technology

A Guide to Common Paralegal Studies Classes

How To Become A Paralegal

APRIL 30, 2018

Let’s face it – television shows that focus on legal matters are interesting and they can be fun to watch. 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. Legal Research & Writing.

Paralegal Studies

Paralegal Studies Paralegal Paralegals Legal Research

New issue alert: RabelsZ 2/2021

Conflict of Laws

MAY 18, 2021

. – 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. The article demonstrates that the current contracting practice is unbalanced and inefficient.

Contract Law

Contract Law Contract Construction Sports

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

Out now: Zeitschrift für vergleichende Rechtswissenschaft (ZVglRWiss) 121 (2022) No. 1

Conflict of Laws

MARCH 22, 2022

we shall illuminate the legal environment within which § 319b operates (III.). Thereafter, the present essay analyses the term “network”, using the classic means of interpretation of statutes and secondary European law in light of the jurisprudence of the ECJ (IV.). Thus, various legal problems in these fields of law could be solved.

Legal

Legal Legal Civil Law Laws

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. The Major Aspects Which Fabricated The Need For An Universal Civil Law. MUSLIM LAW HINDU LAW 1. The differences are-.

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 Litigation Litigating 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

10), which according to Franzina was designed not primarily with civil law systems in mind, but rather for common law jurisdictions, who were assumed to have difficulties in asserting the public policy exception (Art. 279 Civil Procedure Law), including disputes concerning some specific Sino-foreign joint venture contracts.

Procedural Law

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Paralegal Brief

Austria Supreme Court refers Facebook data collection questions to ECJ

Implied Jurisdiction Agreements in International Commercial Contracts

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

Webinars

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

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 Kazuaki Nishioka, Treatment of Foreign Law in Asia, Oxford: Hart Publishing, 2023, 327 pp, hb £117

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

Legalities of Third-Party Funding in India: The Road Ahead

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

New Article in Uniform Law Review

Third Issue of Journal of Private International Law for 2023

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

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

Giustizia consensuale No 1/2023: Abstracts

‘Giustizia consensuale’: A New Law Journal on Consensual Justice in Its Many Nuances and Forms

First View of Third Issue of ICLQ

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

The Convergence of Judicial Rules between Mainland China and Hong Kong has Reached a Higher Level

Is Chinese Judicial Mediation Settlement ‘Judgment’ in Private International Law?

The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Third-party arbitration funding – Comparative analysis and Indian Perspective

A Critique On The Territorial Jurisdiction Of Courts In India

A few thoughts on Golan v. Saada – this week at the US Supreme Court

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

Decoding International Arbitration

A Guide to Common Paralegal Studies Classes

New issue alert: RabelsZ 2/2021

RabelsZ: New issue alert

Out now: Zeitschrift für vergleichende Rechtswissenschaft (ZVglRWiss) 121 (2022) No. 1

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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