Remove Civil Law Remove Drafting Remove Litigating
article thumbnail

UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

ClimateChange-ClimateLaw

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. Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation.

article thumbnail

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

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The EU’s Response to National Judicial Determinations of FRAND Royalty Rates

Patently O

The Leaked Draft Even before the official release of the EU Proposal, a significant amount of material has become publicly available. 36 would require SEP holders and implementers of FRAND-encumbered standards to request a FRAND rate determination by the Centre prior to initiating litigation over SEPs in a European court; 4 – Art.

article thumbnail

Legalities of Third-Party Funding in India: The Road Ahead

LexForti

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.

Legal 52
article thumbnail

Out now: Nishioka / Nishitani, “Japanese Private International Law”; Jolly / Khanderia, “Indian Private International Law”

Conflict of Laws

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. Likewise, “ Indian Private International Law ” certainly contains the currently leading reference to Indian private international law in English.

Laws 52
article thumbnail

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

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.

article thumbnail

RabelsZ: New issue alert

Conflict of Laws

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. It also contains recommendations for the upcoming implementation process by the EU member states.