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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Conflict of Laws

JULY 6, 2022

In a new paper forthcoming in the American Journal of International Law, we set out to determine how many members of the Standing International Forum of Commercial Courts hire such “traveling judges,” who they are, why they are hired, and why they serve. Nearly two-thirds had at least one law degree from a UK university.

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Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? 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. Choice of Law Issue: Lex Rei Sitae = Lex Furti ? Email: zhengxinh@cupl.edu.cn.

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Conflict of Laws

FEBRUARY 13, 2024

The third issue of the Journal of Private International Law for 2023 has just been published. 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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Conflict of Laws

AUGUST 29, 2024

After reading and reviewing a thought-provoking book on the choice of law in international commercial contracts in Indonesia last year, I decided to delve further into the subject by picking up a book on Indonesian private international law. However, Indonesia does not have a comprehensive code on private international law.

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Conflict of Laws

JUNE 24, 2023

The Kingdom of Saudi Arabia (KSA) has recently enacted a new Civil Transactions Law (Royal Decree No. The law will enter into force on December 16, 2023, 180 days after its enactment (hereinafter referred to as “the new law”). M/199, dated June 16, 2023). M/73 of 9 March 2022, entered into force on June 18, 2022).

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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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Conflict of Laws

FEBRUARY 18, 2024

Authors: Abubakri Yekini (Lecturer in Conflict of Laws at the University of Manchester) and Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham, Senior Research Associate at the University of Johannesburg). Articles 3(c) and 5(1) address formal and substantive validity.

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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. So much is made clear in its Preamble: The States Parties to this Convention , …. Pursuant to Art.

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Conflict of Laws

JANUARY 30, 2024

The Japanese Yearbook of Private International Law ( kokusai shiho nenpo ) (hereinafter “JYPIL”) is an annual publication of the Private International Law Association of Japan ( kokusai shih? ’ Proposing a name change to conflicts law studies, the author emphasizes the need for a broader approach.

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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.

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Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

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JURIST

DECEMBER 13, 2022

In the criminal complaint, the US government brings eight counts against Bankman-Fried, including wire fraud under 18 U.S.C.§ 78(j)(b) and §78(ff) and conspiracy to defraud the United States and violate the campaign finance laws under 52 U.S.C. 1343 , conspiracy to commit securities fraud under 15 U.S.C. § 30109(d)(1)(A) and (D).

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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.

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Conflict of Laws

FEBRUARY 5, 2024

We translated the press announcement as follows: Background and Significance of the Interpretation People’s courts face the important issue of how international treaties and international practices are applied domestically in foreign-related civil and commercial trials. Pacta sunt servanda” is a fundamental principle in treaty law.

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ClimateChange-ClimateLaw

JUNE 26, 2023

et al. ) This blog post explores how the citizens in Kobe, a city in west Japan, attempted to stop the construction and operation of new coal-fired power plants through administrative and civil law actions. Those rights are established through case law and frequently invoked in environmental pollution cases. Kobe Steel Ltd.,

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Conflict of Laws

FEBRUARY 10, 2022

At EU level, there exists a comprehensive set of instruments designed to enhance judicial cooperation and access to justice in cross-border civil, commercial and criminal cases. Where national IT portals for electronic communication in EU civil law matters exist, they can continue to be used.

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Conflict of Laws

JUNE 16, 2024

The decision presented here raises a number of fundamental questions related to the proper understanding of foreign legal concepts and procedures and how they should be integrated within the framework of domestic law. This is more so], especially since the submitted documents on the Canadian civil procedure law and the Regulation No.

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Conflict of Laws

JULY 7, 2022

The first view of two recent private international law articles have recently appeared in International and Comparative Law Quarterly. 9)(a) of Practice Direction 6B of the Civil Procedure Rules. It also examines the court’s pronouncements on the other question before it concerning proof of foreign law.

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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.

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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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Conflict of Laws

MAY 18, 2023

The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law ( Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 , on appeal from [2021] EWCA Civ 63 ). This was a one-off event and not a continuing nuisance.

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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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LexForti

JUNE 4, 2021

In the instant case, the plaintiffs had filed a case against the roll of 5G telecommunication services in the country and sought for restraining orders against the steps which would be undertaken by the government in order to establish 5G network.

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Blackstone Career Institute

MAY 3, 2024

Torts, Criminal Law & Procedures The Torts, Criminal Law & Procedures online certificate course is designed for legal professionals to learn more about the issues affecting our society and their legal ramifications. Also, your budget will thank you that this course comes with a price tag under $500.

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LexForti

OCTOBER 19, 2021

State Government charges tax for any of such transaction. Hence, State Governments decide the rates of stamp duty to be paid. Government of Delhi. Are Courts lenient toward the State Government or Parties? Therefore, every states have its own rates. Validity of a Stamp Paper. What is the validity of a Stamp Paper?

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Fordham Law News

MARCH 24, 2021

One of the most discussed question within the field of corporate law is whether the competition among States in the ‘incorporation’ business leads to the enhancement of corporate law, or to its detriment. Introduction.

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Conflict of Laws

OCTOBER 9, 2023

The transfer of jurisdiction (as foreseen in those articles) is sometimes little known in some civil law States (in particular, Latin America) so these suggestions are very much welcome. No 4 of September 2023 – International Association of Child Law Researchers (IACLaR) – Observer Note suggests the following: 64.

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Conflict of Laws

SEPTEMBER 16, 2021

Kostin, Senior Research Fellow at the Private Law Research Centre (Moscow, Russia) and counsel atAvangard law firm. and Valeria Rzyanina, junior associate, Avangard Law Firm. The following are excerpts from case law. Written by Alexander A.

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LexForti

MAY 27, 2021

The plaint also stated that defendant has been constantly making false expressions that the plaintiff has defrauded the public as well as the government by making illicit gains. In the instant, the plaintiff has alleged that the defendant has recently released a YouTube video wherein he has reviewed plaintiff’s movie, Radhe.

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LexForti

JUNE 2, 2022

Third-party funding is rather a new concept and was adapted by many legislations only recently due to the illegality of the doctrines of maintenance and champerty in common-law jurisdictions in the past. The concept of TPF, though accepted explicitly by the law of the land, has two sides to it similar to the way of a coin.

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InHouseOps

JUNE 13, 2022

We know this because when we receive their awards we see their experience through and the quality of their analysis of the case and application of the law. Remember, these are cases that could involve parties from common law and civil law countries. An arbitration or mediation does not happen in a vacuum.

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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. Criminal Law.

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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). CLIMATE CHANGE AS A CHALLENGE FOR GLOBAL GOVERNANCE, COURTS AND HUMAN RIGHTS (Voigt).

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Conflict of Laws

NOVEMBER 4, 2024

425–493, [link] One component of the European Green Deal is the implementation of a harmonized supply chain law in the form of the Corporate Sustainability Due Diligence Directive (CS3D). Its enforcement will rely inter alia on private law mechanisms. 494–526, [link] Despite the exclusion which Art.

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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). The pay paternity did not include a legal child relationship recorded in the civil register. A pay paternity was a legal institution with an obligation to pay maintenance.

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