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Charuvila Philippose v. P.V. Sivadasan: Harmonizing India’s Civil Procedure Code and the Hague Service Convention

Conflict of Laws

Act/Modality of Service the trial courts reliance on registered post conflicted with the procedure set out in HSC which mandates transmission of service through the Central Authority as the main route. The court held that parties to a litigation have no vested right in procedural mechanism as settled in BCCI v Kochi Cricket Pvt.

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

Conflict of Laws

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. npc/c2/c30834/202112/t20211227_315637.html> html> accessed 13 October 2024. [2]

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Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

Explicit jurisdiction clauses offer cross-border litigants the benefit of predictability by allowing them to anticipate where disputes arising from their commercial transactions will be resolved. In our latest article , published in the 2023 edition of the Journal of Private International Law , vol.

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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

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.

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Giustizia consensuale No 1/2023: Abstracts

Conflict of Laws

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.

Legal 59
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The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Conflict of Laws

Article 51 of the PRC Maritime Special Procedure Law provides that the maritime court may upon the application of a maritime claimant issue a maritime injunction to compel the respondent to do or not to do certain acts in order to protect the claimant’s lawful rights and interests from being infringed. [4] ———-.

Court 52
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The Convergence of Judicial Rules between Mainland China and Hong Kong has Reached a Higher Level

Conflict of Laws

Moreover, REJ Arrangement clearly unifies the criteria for determining the jurisdiction of the court of first instance, which can effectively reduce the occurrence of parallel litigation and enhance the predictability and stability of litigation.