JURIST

JANUARY 17, 2025

In Kosovo, there are parallel schools, courts, and state offices, among other institutions, independently serving Kosovo Albanians and Kosovo Serbs. In 2003, the UN reported that “numerous problems arise” due to parallel institutions: In criminal law the most serious problem is the risk of double jeopardy.

Divorce 104

Divorce Civil Law Criminal Law Education 104

ClimateChange-ClimateLaw

FEBRUARY 27, 2025

In Japan, climate litigation ( / Kiko soshou ) has been used to challenge the legality of the construction and operation of the coal-fired power plants and promote coal phase-out. See Japanese Court Upholds Mistakes in post-disaster Energy Policy in Yokosuka Climate Case Decisions.) Sendai Power Station ).

Litigation 103

Litigation Litigating Construction Tort 103

Conflict of Laws

JULY 6, 2022

International commercial courts —domestic courts, chambers, and divisions dedicated to commercial or international commercial disputes such as the Netherlands Commercial Court and the never-implemented Brussels International Business Court —are the topic of much discussion these days.

Court 97

Court Civil Law Litigating Litigation 97

MyCase

OCTOBER 7, 2024

For over 23 years, Gonzalez & Morales Law Offices LLC has provided legal counsel on civil law matters ranging from wills and probates to collections. Going to court now [is] great because.everything is right there in MyCase. I used to go there [to court] with literally a rolling suitcase full of paper.

Civil Law 52

Civil Law Law Firms Law Firm Laws 52

JURIST

OCTOBER 25, 2023

All of them are from CIED ( Centro de Investigación de los Estudiantes de Derecho , a student research center in UNSAAC’s faculty of law dedicated to spreading legal information and improving legal culture through study and research, promoting critical and reflective debate to contribute to the development of the country.

Court Rules 118

Court Rules Court Civil Law Legal 118

ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

Litigation 143

Litigation Litigating Construction Tort 143

Conflict of Laws

APRIL 27, 2025

student, Galatasaray University, Turkey A Maltese court has refused to enforce a $740 million default judgment issued by the 15th Judicial Circuit Court of Florida (Palm Beach County) in a defamation suit brought by Applicant Mehmet Tatlici against his half-brother, Defendant Ugur Tatlici. [1] Ugur Tatlici , Case No. 9] Defendant U?

Real Estate 49

Real Estate Legal Legal Court 49

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.

Court 115

Court Construction Litigation Litigating 115

JURIST

JUNE 21, 2021

A Swiss court on Friday handed down the first conviction over Liberia’s 1989-1996 civil war, sentencing Alieu Kosiah to 20 years in jail for various crimes, including rape, ordering murders, and cruel treatment of civilians. The trial also marks Switzerland’s first war crimes trial in a civilian court.

Court 118

Court Laws Attorney Legal 118

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. Mere access to judicial authorities does not automatically constitute effective access to justice.

Court 98

Court Legal Legal Civil Law 98

JURIST

DECEMBER 26, 2020

A coalition of human rights groups joined Wednesday WhatsApp’s lawsuit against Israeli spyware vendor NSO Group and accused the company of selling Pegasus surveillance software to government agencies to target human rights activists under the guise of terrorism laws. The groups filed an amicus brief before the U.S. Thanks for your support!

Government 163

Government Technology Legal Legal 163

The Crime Report

NOVEMBER 10, 2021

Qualified immunity is a “broken legal doctrine,” but reforming rather than abolishing the legal principle, which provides officers with a defense against being sued for violating constitutional rights, will promote police accountability, argues Brian Morganelli in a white paper published by the Institute for American Police Reform (IAPR).

Litigating 121

Litigating Litigation Case Management Civil Law 121

Conflict of Laws

OCTOBER 14, 2024

For more than a century, characterisation has been discussed in the conflict of laws without reaching a consensus on a generally accepted theory. However, it is arguably the most crucial step for a court when determining its international jurisdiction and the applicable law.

Laws 102

Laws Cause of Action Litigating Litigation 102

ClimateChange-ClimateLaw

DECEMBER 12, 2023

On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany of the Federal Constitutional Court, the focus of the decision is not on fundamental rights, but on administrative questions of climate governance and enforcement. Climate litigation in Germany has achieved another major victory.

Litigation 142

Litigation Litigating Government Court 142

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 64

Laws Civil Law Legal Legal 64

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 52

Legal Legal Finance Litigating 52

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.

Court 59

Court Legal Assistant Legal Assistance Legal 59

Conflict of Laws

FEBRUARY 18, 2024

These cross-border transactions present complex legal questions, such as the place where potential disputes will be adjudicated. 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.

Contract 72

Contract Litigating Litigation Civil Law 72

JURIST

AUGUST 29, 2022

The Convention creates conditions for recognizing and enforcing judgements in both civil and commercial matters. It was created in 2019 to ensure that there was a legal avenue for assessing international court rulings on matters of trade. The hope of the Convention is to ensure that this process becomes more transparent.

Court Rules 104

Court Rules Legal Legal Court 104

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. Introduction.

Laws 98

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

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. This issue could not be simpler in India.

Laws 98

Laws Procedural Law Contract Government 98

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.

Court 69

Court Construction Contract Laws 69

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 52

Cause of Action Court Entertainment Constitutional Law 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. Luis F.S.S. 97, 111-112).

Laws 59

Laws Contract Tort Divorce 59

The Paralegal Resource

JANUARY 11, 2011

Search and seizure is a legal procedure used mainly in common and civil laws. The findings of the search are then seized, and used in the court of law as evidence for or against the crime committed. This takes place if suspicion of, or if an actual crime has been committed.

Civil Law 40

Civil Law Legal Legal Laws 40

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

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. In this most recent ruling, the Supreme Court unanimously reversed the Court of Appeal’s decision.

Litigation 75

Litigation Litigating Laws Tort 75

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

MAY 30, 2024

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form.

Drafting 59

Drafting Litigation Litigating Diligence 59

Conflict of Laws

JULY 9, 2021

When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.

Court 52

Court Procedural Law Litigation Litigating 52

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.

Legal Assistant 40

Legal Assistant Legal Assistance Technology Legal 40

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.

Laws 78

Laws Divorce Contract Legal 78

Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g. While the Court of Appeal in John v. Barnard [1964] AC 1129.

Punitive Damages 59

Punitive Damages Compensatory Damages Tort Civil Law 59

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. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.

Contract 52

Contract Laws Civil Law Procedural Law 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

NOVEMBER 20, 2022

Being of the opinion that the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade, Have agreed as follows: ….

Contract 52

Contract Laws Civil Law Legal 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