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

Conflict of Laws

The different characterization of limitation as a procedural or substantive issue adds more to the complexity. The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law. Interestingly, the Singapore Court of Appeal in BBA v.

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

Conflict of Laws

Until recently, the procedure for international service in India was unclear. 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. Sivadasan. [1]

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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

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.

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

Conflict of Laws

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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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

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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The Dubai Supreme Court — Again — on the Enforcement of Canadian (Ontario) Enforcement Judgment

Conflict of Laws

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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The Development of forum non conveniens in the Chinese Law and Practice

Conflict of Laws

(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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