ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. However, the Court rejected the Plaintiffs’ claim, ruling that the risk of harm to individuals was uncertain and not concrete.

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Conflict of Laws

MAY 27, 2025

This ambiguity was addressed by the Kerala High Court in Charuvila Philippose v. Letters Rogatory and Mutual Legal Assistance Treaty (MLAT) Route Traditionally, Indian courts have relied on letters rogatory for service abroad. However, this provision remains obsolete as no political agents or courts have been appointed till now.

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Litigation Litigating Court Legal 45

Conflict of Laws

FEBRUARY 10, 2022

The EU Commission’s Proposal of 1 December 2021 outlines, in its introductory Recitals: “Efficient cross-border judicial cooperation requires secure, reliable and time-efficient communication between courts and competent authorities. How will this initiative improve the way in which authorities communicate?

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Court Legal Legal Civil Law 98

Conflict of Laws

OCTOBER 5, 2023

A book edited by Kazuaki Nishioka on Treatment of Foreign Law in Asia has just been published in the Hart Studies in Private International Law -Asia. The blurb read as follows: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case?

Laws 64

Laws Civil Law Litigating Litigation 64

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.

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Laws Procedural Law Contract Government 98

Conflict of Laws

JUNE 16, 2024

However, as I have learned more about the procedural history preceding the decisions of the Dubai Supreme Court (“DSC”), which was not available to me when I posted my previous comment, greater emphasis will be placed on the general factual background of the case. First Appeal: DSC, Appeal No. Second Appeal: DSC, Appeal No.

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Conflict of Laws

FEBRUARY 18, 2024

To provide certainty, commercial parties often conclude ex ante agreements on the venue for dispute resolution by selecting the court(s) of a particular state. However, by their very nature, implied terms offer less clarity concerning the governing law and jurisdiction agreements.

Contract 72

Contract Litigating Litigation Civil Law 72

Conflict of Laws

FEBRUARY 5, 2024

The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024. Opening up to the outside world to push forward one step, foreign-related rule of law construction should follow one step”.

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Court Construction Contract Laws 69

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.”

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

Conflict of Laws

DECEMBER 12, 2020

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. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn.

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Laws Court Contract Legal 98

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). 1783/1/Q of 30/12/1417 Hegira [November 12, 1996] ). 1783/1/Q of 30/12/1417 Hegira [November 12, 1996] ).

Civil Law 52

Civil Law Laws Legal Legal 52

Conflict of Laws

AUGUST 29, 2024

Spanning 226 pages across six chapters, the book aims to be the leading English-language text on private international law in Indonesia. Indonesia, a civil law country, has legal principles influenced by Dutch traditional private international law, owing to its colonial history.

Laws 59

Laws Contract Tort Divorce 59

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. On 10 May 2023, the UK Supreme Court has ruled in one of the cases in the series of legal battles started against Shell in the English courts in the aftermath of the Bonga spill.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Even as successful cases against governments have blossomed, private suits face significant barriers. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough.

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Litigation Litigating Laws Tort 75

Conflict of Laws

FEBRUARY 13, 2024

To answer this question, the article explores primary and secondary sources from various jurisdictions around the world, including common law, civil law, and mixed legal systems, together with insights from experts in commercial conflict of laws.

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Laws Divorce Contract Legal 78

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. Instead of asking why any given court has failed to apply and respect Art. Pursuant to Art.

Contract 52

Contract Laws Civil Law Legal 52

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. 8/2022 of 1 February 2022) to foreign Muslims. In that case ( Appeal No.

Divorce 52

Divorce Laws Court Contract 52

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Finally, this second chapter discusses the limits on choice of law, such as public policy and mandatory rules.

Contract 52

Contract Laws Civil Law Procedural Law 52

LexForti

OCTOBER 19, 2021

These are often called as, Court Fee Stamp Papers. These Stamp Papers are used to avoid Cash Transactions in the Court. A case might not get admitted, if court fees is not paid properly. State Government charges tax for any of such transaction. Hence, State Governments decide the rates of stamp duty to be paid.

Legal 52

Legal Legal Government Legal Documents 52

Conflict of Laws

DECEMBER 16, 2024

(Cornell), Bachelor of Laws (ZUEL). * The doctrine of forum non conveniens is an important principle in civil procedure laws and frequently applied by courts in many legal systems, especially those of common law countries. For instance, in Jiahua International Limited, Ruixiang Limited v.

Laws 52

Laws Procedural Law Court Legal 52

LexForti

JUNE 4, 2021

The Delhi High Court dismissed a civil suit filed by actor and environmentalist, Juhi Chawla, against the roll out of 5G as the same was defective, vexatious and not maintainable. The bench observed that the civil suit had been filed for publicity as the link of hearing had been circulated on social media.

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Depositions Government Legal Legal 52

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.

Contract 52

Contract Court Laws Government 52

Conflict of Laws

JULY 7, 2022

Ardavan Arzandeh, “ Brownlie II and The Service-Out Jurisdiction under English Law” FS Cairo (Nile Plaza) LLC v Brownlie ( Brownlie II ) is arguably the United Kingdom’s highest appellate court’s most significant decision this century on a private international law question.

Personal Injury 40

Personal Injury Civil Law Contract Laws 40

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? Moreover, U.S.

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Government Court Civil Law Laws 40

LexForti

MAY 27, 2021

In the City Civil Court of Bombay, actor Salman Khan and Salman Khan Ventures has filed a defamation suit against actor Kamaal R. Khan’s lawyer has submitted before the court that his client would not post any remark of defamatory nature against the plaintiff on any of his social media accounts until next date of hearing.

Lawyer 52

Lawyer Lawyers Government Legal 52

Conflict of Laws

JANUARY 30, 2024

It outlines trends, legislative changes, and Supreme Court precedents since 1996, with a focus on judgments involving the United States and China. The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children.

Laws 59

Laws Divorce Legal Legal 59

Conflict of Laws

SEPTEMBER 16, 2021

The Decree of the Arbitrazh (Commercial) Court of the Volga District of December 23, 2019 N F06-55840 / 2019 docket numberN A12-20691 / 2019, addresses service of process on the Russian party by the Cypriot court by e-mail and thus the possibility of further recognition of a foreign judgment. Factual background. 8 of the Treaty.

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Legal Assistance Legal Assistant Technology Legal 40

Fordham Law News

MARCH 24, 2021

Supporters of the “race to the bottom” theory claim that Delaware, by relying on incorporation fees and franchise taxes for a substantial share of its revenues, [3] is incentivized to offer managerial-oriented corporate law, as directors decide where to incorporate. [4] When European Court of Justice’s decisions such as Centros Ltd.

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Government Laws Litigation Litigating 40

InHouseOps

JUNE 13, 2022

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. You want to have an exit strategy that provides for arbitration where no party has a home court advantage thereby having the dispute placed in neutral forum.

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Punitive Damages Healthcare Drafting Technology 52

LexForti

JUNE 2, 2022

The Apex Court itself identified these outrageous costs as one of the major reasons responsible for the hindrance to the growth of arbitration [12]. Common law traditions that are being followed in India have been acquired from the UK but still the doctrines of “maintenance” and “champerty” have not been followed strictly here.

Finance 52

Finance Contract Litigation Litigating 52

JURIST

NOVEMBER 11, 2022

Jones has faced three claims in total over his comments that the massacre was a “staged” government plot to take guns from Americans. Jones received a similar outcome in a Texas court in August ordering him to pay $45.2 million in damages to other Sandy Hook parents.

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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.

Paralegal Studies 56

Paralegal Studies Paralegal Paralegals Legal Research 56

Conflict of Laws

JANUARY 21, 2021

This book investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). In particular, it addresses the issue of “climate protection by courts”.

Litigating 52

Litigating Litigation Tort Civil Law 52

Conflict of Laws

JUNE 16, 2023

This post has been written by Anna Bleichenbacher, MLaw, University of Basel, Nievergelt & Stoehr Law and Notary Office (Switzerland). In 2017, the respondent appealed to the Swiss civil status authorities, claiming the registration and public certification of the birth in Germany as well as the legal child relationship to the father.

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Legal Legal Civil Law Laws 40

Conflict of Laws

NOVEMBER 4, 2024

The Law of 1 September 2023 as an Instrument for the Shaping of Customary International Law), pp. 527–555, [link] The Law of the PR of China on the Immunity of Foreign States (Immunity Law) has been adopted by the Standing Committee of the National People’s Congress and entered into force on 1 January 2024.

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Diligence Contract Laws Legal 49

LegalTalkNetwork

FEBRUARY 5, 2019

We also learned more about the ABA’s actions in immigration, the government shutdown, and changes to their website. American Bar Association President Bob Carlson joins hosts Sharon Nelson and John Simek to discuss his tenure as president as well as ABA initiatives in the government shutdown, immigration, membership outreach, and much more.

Legal Research 40

Legal Research Immigration Legal Legal 40

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 52

Divorce Laws Civil Law Government 52