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. Background information about the general climate context and litigation in Japan is available in a previous blog post.

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Court Construction Litigation Litigating 115

The Crime Report

NOVEMBER 10, 2021

Based on four months of research and insights from policing officials, criminal and civil law attorneys, and community leaders, Morganelli proposed four major changes that could form part of new legislation. Second, Morganelli recommends that courts decide whether an officer’s alleged act actually violated the Constitution.

Litigation 121

Litigation Litigating 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.

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Laws Cause of Action Litigation Litigating 102

ClimateChange-ClimateLaw

MAY 30, 2024

Violating obligations under the Treaty can result in victims claiming remedies before national courts, including the right to ecological restoration and environmental remediation. Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation.

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Drafting Litigation Litigating Diligence 59

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. We find limited consensus on the conduct that demonstrates implied consent or agreement to litigate in a particular forum.

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Contract Litigation Litigating Civil Law 72

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?

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Laws Civil Law Litigation Litigating 64

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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Court Legal Assistant Legal Assistance Legal 59

Conflict of Laws

JULY 25, 2022

In their most recent article on A Hague Convention on Parallel Proceedings , 63 HARVARD INTERNATIONAL LAW JOURNAL ONLINE 1 (2022), Ron Brand and Paul Herrup argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts.

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Litigation Litigating Civil Law Laws 40

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

SEPTEMBER 22, 2023

Courts in Anglophone Africa, and especially those in Nigeria and the Republic of South Africa, have recently given guidance to litigants on the requirements which have to be satisfied in order to obtain anti-suit relief. The text is available to order from Juta and Amazon.

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Litigation Litigating Civil Law Laws 45

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.

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Court Procedural Law Litigation Litigating 52

Conflict of Laws

JULY 11, 2021

From the Italian Recovery and Resilience Plan to the guidelines of the Italian Ministry of Justice, the urgency of a reform to strengthen out-of-court dispute resolution procedures clearly emerges. In this article, the author argues that these court orders are against the above-mentioned Legislative Decree.

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Laws Litigation Litigating Court 76

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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Cause of Action Court Entertainment Constitutional Law 52

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.

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Cause of Action Court Tort Civil Law 40

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. TPF helps cover the cost of litigation, especially in arbitration proceedings where disputes involve monetary amounts in generous quantities.

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Legal Legal Finance Litigation 52

Conflict of Laws

OCTOBER 6, 2021

The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments.

Laws 52

Laws Divorce Civil Law Law School 52

Conflict of Laws

JANUARY 7, 2024

Articles 1, 2, and 4 are provisions that positively state the scope of recognition and enforcement of civil and commercial judgments in the two regions; Articles 3, 5, 12, and 13 are provisions that clearly recognize and enforce the scope of civil and commercial judgments of the courts of the two regions.

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Punitive Damages Real Estate Court Legal 72

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.

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Laws Procedural Law Court 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

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. In particular, it examines the recognition of ancillary judgments in divorce cases, concluding that they fall under article 118 of the Code of Civil Procedure.

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Laws Divorce Legal Legal 59

Patently O

APRIL 13, 2023

The biggest issue that the EU Proposal seeks to tackle is the recent tendency of courts in China and the UK (and potentially other countries) to establish FRAND rates for a SEP holder’s entire global portfolio (the Global Approach), rather than only for SEPs issued in that jurisdiction (the National Approach) (discussed in detail here and here ).

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Drafting Court Litigation Litigating 60

Conflict of Laws

NOVEMBER 29, 2021

In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. For those who are particularly interested in unified or harmonized global PIL Chapter 6, still rather short (pp.

Laws 52

Laws Divorce Civil Law Drafting 52

LexForti

NOVEMBER 5, 2021

Considering this principle, parties in a civil suit enjoyed unrestricted access to modify their pleadings under Order VI Rule 17 of the Indian Civil Procedure Code, 1908. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction. Order VI Rule 17 applies to such situations. However with the case Cropper v.

Diligence 52

Diligence Cause of Action Court Litigation 52

Conflict of Laws

JUNE 30, 2022

Key takeaways: Despite the fact that the elaboration of a judicial interpretation appears to have been put on hold, China’s Supreme People’s Court has now resorted to conference summaries, which are not legally binding but have a practical impact, to express its views in recognition and enforcement of foreign judgments.

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Punitive Damages Court Civil Law Legal 52

Conflict of Laws

NOVEMBER 4, 2024

Its enforcement will rely inter alia on private law mechanisms. This article describes how private-law enforcement mechanisms so far have fallen short in ongoing human rights, environmental and climate litigation. The Law of 1 September 2023 as an Instrument for the Shaping of Customary International Law), pp.

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Diligence Contract Laws Legal 49

Conflict of Laws

JULY 14, 2022

Judicial mediation is a unique dispute resolution mechanism in Chinese civil procedure. Wherever civil disputes are brought to the court, the judge should, based on parties’ consent, mediate before adjudicating. Zilin Hao, Anjie Law Firm, Beijing, China. Judicial Mediation Settlement can be classified as ‘Judgment’.

Laws 52

Laws Procedural Law Court Legal 52

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?

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Government Court Civil Law Laws 40

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 Litigation Litigating Contract 52

Conflict of Laws

SEPTEMBER 15, 2023

The Easy Opt-Out Model Settles the Perennial Dispute between Voluntary and Mandatory Mediation The contribution reflects on the desirability of soft regulation of mediation to strike a balance between the principle of voluntariness and providing a viable alternative to litigation, thus boosting the efficiency of the civil justice system.

Legal 59

Legal Legal Education Contract 59

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

Conflict of Laws

JANUARY 21, 2021

From the publisher’ site : About Climate Change Litigation. 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). Table Of Contents.

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Litigation Litigating Tort Civil Law 52

Conflict of Laws

SEPTEMBER 22, 2023

Trevor has long been one of the world’s most distinguished scholars of Conflict of Laws (Private International Law), continuing a tradition started at the LSE by Professor Otto Kahn-Freund. As a prominent critic, notably of the Court of Justice’s efforts to unify European private international law.

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Litigation Litigating Civil Law Law School 45

ClimateChange-ClimateLaw

DECEMBER 12, 2023

Climate litigation in Germany has achieved another major victory. 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.

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Litigation Litigating Government Court 142

LegalTalkNetwork

FEBRUARY 5, 2019

From ABA President-Elect Judy Perry Martinez updating us on gun violence, lawyer wellness, and legal education to author Bill Burnett sharing his wisdom on “Designing Your Life” as well as detailed discussions on jury selection, socio-economic bias in the courts, ABA Blueprint, gatherings of federal judges, human trafficking, Tinker v.

Legal Research 40

Legal Research Immigration Legal Legal 40

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.

Procedural Law 64

Procedural Law Litigation Litigating Laws 64

Conflict of Laws

OCTOBER 30, 2024

Arguably, it is time to consider how private international law (or conflict of laws) should develop in Asia and what kind of opportunity it can engender, considering that private international law has the potential to promote economic and legal cooperation without unifying substantive law.

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Laws Drafting Litigation Litigating 64