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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

APRIL 13, 2023

The aim of this post is to explore how would Indian substantive law of the contract impact limitation period and party autonomy, especially in the context of contracting out of limitation in a foreign-seated international arbitration.

Laws

Laws Procedural Law Contract Government

Job Opportunity – Postdoctorand in Transnational Family Law (Swiss Institute of Comparative Law)

Conflict of Laws

SEPTEMBER 11, 2024

The position will be integrated in the SICL’s team of international lawyers and researchers and be part of a project funded by the Swiss National Science Foundation on applicable law, jurisdiction, recognition and international cooperation in the field of filiation with foreign elements.

Family Law

Family Law Laws Procedural Law Civil Law

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

Conflict of Laws

MAY 27, 2025

Written by George Jacob, Incoming Associate, Bombay Law Chambers Globalisation has led to a rise in cross-border disputes, making international service of summons increasingly relevant. While domestic service in India is straightforward, sending summons to foreign defendants involves complex legal procedures. Sivadasan. [1]

Litigation

Litigation Litigating Court Legal

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

ClimateChange-ClimateLaw

DECEMBER 12, 2023

The judgment and the underlying (political and legal) conflicts are also interesting beyond their German relevance, as the case raises fundamental questions for climate governance. To compel the federal government to fulfill its legal obligation under the CCA, two environmental associations filed a lawsuit in the Higher Administrative Court.

Litigating

Litigating Litigation Government Court

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

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

Laws

Laws Court Contract Legal

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

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. Such a provision on forum non conveniens caused four problems in practice.

Laws

Laws Procedural Law Court Legal

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

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

Contract Laws Civil Law Procedural Law

Is Chinese Judicial Mediation Settlement ‘Judgment’ in Private International Law?

Conflict of Laws

JULY 14, 2022

Zilin Hao, Anjie Law Firm, Beijing, China. In Chinese civil trial practice, there are two types of legal document to merits issued by courts that has the res judicata effect, namely Minshi Panjue Shu (“MPS”) (civil judgment) and Minshi Tiaojie Shu (“MTS”). Two commentors provide different views on this matter.

Laws

Laws Procedural Law Court Legal

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

Conflict of Laws

JULY 9, 2021

Following that, the real question is whether and how anti-suit injunction is compatible with Chinese law. Some argued that Article 100 of the PRC CPL provides a legal basis for granting injunctions having similar effects with anti-suit injunction at common law. [2] See Article 100, para.1 1 of the PRC CPL (2017).

Court

Court Procedural Law Litigation Litigating

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

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. Therefore, it deserves special attention.

Court

Court Legal Assistant Legal Assistance Legal

Decoding International Arbitration

InHouseOps

JUNE 13, 2022

First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice. And some also have a legal background. Remember, these are cases that could involve parties from common law and civil law countries. Some are PhDs.

Punitive Damages

Punitive Damages Healthcare Drafting Technology

Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

NOVEMBER 5, 2021

This study aims to explore these changes and assess the scope and judicial interpretation of amendment of pleadings in Civil procedure with a doctrinal legal research method by using primary sources like cases, statutes, legal commentary and reports. Keywords- Amendment of Pleadings, Civil Procedure Code 1908.

Diligence

Diligence Cause of Action Court Litigation

“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

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

Procedural Law Litigation Litigating Laws

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

Conflict of Laws

DECEMBER 16, 2024

10), which according to Franzina was designed not primarily with civil law systems in mind, but rather for common law jurisdictions, who were assumed to have difficulties in asserting the public policy exception (Art. 301 Civil Procedure Law (2023). 7 (1) lit.

Procedural Law

Procedural Law Punitive Damages Legal Legal

Paralegal Brief

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

Job Opportunity – Postdoctorand in Transnational Family Law (Swiss Institute of Comparative Law)

Webinars

Trending Sources

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

Webinars

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

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?

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

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Is Chinese Judicial Mediation Settlement ‘Judgment’ in Private International Law?

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

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

Decoding International Arbitration

Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

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