Conflict of Laws

OCTOBER 14, 2024

Characterisation identifies in cross-border litigation the nature or category of a particular cause of action (for instance contractual, tortious, proprietary, corporate, matrimonial), so that the correct connecting factor can be employed. It will feature contributions from 15 speakers in three sessions: the programme can be accessed here.

Laws 102

Laws Cause of Action Litigation Litigating 102

Mondaq

DECEMBER 8, 2021

In private law matters it is largely a jurisdiction based on the Civil Law tradition; The Maltese legal system has developed into a mixed legal system.

Litigation 40

Litigation Litigating Civil Law Legal 40

JURIST

MARCH 24, 2022

The Supreme Court granted cert, and on Wednesday, the question presented before the Court was: Whether 28 USC § 1782(a), which permits litigants to invoke the authority of United States courts to render assistance in gathering evidence for use in “a foreign or international tribunal,” encompasses private commercial arbitral tribunals, as the U.S.

Court 193

Court Statute Government Litigation 193

LegalReader

FEBRUARY 22, 2021

A civil trial can be stressful for anyone, so consider hiring an attorney to accompany you throughout the experience. The peace of mind that comes with having a legal expert at your side can make all the difference.

Civil Law 59

Civil Law Laws Attorney Legal 59

Conflict of Laws

JULY 6, 2022

These courts are designed to accommodate foreign litigants and transnational litigation—and inevitably, conflicts of laws. Our article suggests that traveling judges are a nearly entirely common law phenomenon—only a handful of judges were from mixed jurisdictions and only one was a civil law judge.

Court 97

Court Civil Law Litigation Litigating 97

LegalReader

MAY 31, 2022

An interesting “intersection” between criminal and civil law regarding bodily and personal injury is wrongful death.

Personal Injury 104

Personal Injury Civil Law Personal Injury Attorney Personal Injury Lawyer 104

LegalReader

SEPTEMBER 24, 2021

Unless you’re well versed in civil law, specifically family and property laws, an attorney experienced in these types of cases will be able to help you get the best out of a messy situation.

Civil Law 104

Civil Law Lawyer Lawyers Attorney 104

ClimateChange-ClimateLaw

JUNE 26, 2023

On March 9, 2023, the Japanese Supreme Court refused to hear the first climate change litigation brought before it without specifying substantive reasons. Background information about the general climate context and litigation in Japan is available in a previous blog post. Citizens’ Committee on the Kobe Coal-Fired Power Plant v.

Court 115

Court Construction Litigation Litigating 115

Conflict of Laws

FEBRUARY 18, 2024

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.

Contract 72

Contract Litigation Litigating Civil Law 72

Conflict of Laws

OCTOBER 5, 2023

This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements.

Laws 64

Laws Civil Law Litigation Litigating 64

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.

Litigating 40

Litigating Litigation Civil Law Laws 40

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.

Litigating 45

Litigating Litigation Civil Law Laws 45

Conflict of Laws

AUGUST 7, 2023

Differing interpretations of the directions given to those doing the work has led to situations in which the participants have been speaking past each other.

Civil Law 52

Civil Law Litigation Litigating Laws 52

Conflict of Laws

JULY 11, 2021

If they have chosen (a), the parties might stipulate which court and in which jurisdiction the matter will be litigated. The use of alternative dispute resolution mechanisms in public interest litigation brings both substantial and procedural advantages. Il frutto di un buon esercizio del diritto ( Mediation.

Laws 76

Laws Litigation Litigating Court 76

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.

Legal 52

Legal Legal Finance Litigation 52

LegalReader

APRIL 22, 2022

Child liability has been around for many years and is still a part of our civil law system. Under this doctrine, parents are responsible for the acts and injuries of their children.

Civil Law 59

Civil Law Laws Litigating Litigation 59

Conflict of Laws

OCTOBER 6, 2021

The book’s international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India’s private international law.

Laws 52

Laws Divorce Civil Law Law School 52

Conflict of Laws

DECEMBER 12, 2020

Under the Civil Procedure Law of China (CPL), the general rule of territorial jurisdiction is that a civil action shall be brought in the People’s Court of the place in which the defendant is domiciled subject to various exceptions grouped together under the title of “special jurisdictions”. [9] De dr. int. privé(1967). [16]

Laws 98

Laws Court Contract Legal 98

Conflict of Laws

JANUARY 30, 2024

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. The paper examines the decision’s significance in private international law and its consistency with climate attribution science.

Laws 59

Laws Divorce Legal Legal 59

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

Patently O

APRIL 13, 2023

As noted in the cited articles, European courts, following civil law principles, have generally been averse to anti-suit injunctions in global FRAND cases, resulting in royalties for European patents largely being established elsewhere. Non-binding Effect on foreign FRAND determinations Overrides foreign FRAND determinations for U.S.

Drafting 60

Drafting Court Litigation Litigating 60

Conflict of Laws

DECEMBER 16, 2024

Thirdly, no matter whether in common law jurisdictions or civil law jurisdictions, when applying the doctrines of forum non conveniens or lis pendens , the foreign courts upholding the jurisdiction is an important consideration for domestic courts to reject the exercise of ones own jurisdiction.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

JANUARY 7, 2024

Moreover, REJ Arrangement clearly unifies the criteria for determining the jurisdiction of the court of first instance, which can effectively reduce the occurrence of parallel litigation and enhance the predictability and stability of litigation.

Punitive Damages 72

Punitive Damages Real Estate Court Legal 72

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

JULY 9, 2021

18] Interestingly enough, Germany, a typical civil law country, and other EU countries have also seemingly taken a U-turn by starting to issue anti-anti-suit injunctions in international litigation in response to anti-suit injunctions made by other foreign courts, especially the US court. [19]. The SPC’s injunction in Huawei v.

Court 52

Court Procedural Law Litigation Litigating 52

Conflict of Laws

MAY 18, 2023

The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here. This degree of detail is certainly not surprising, due to the relevance of English law for the Nigerian legal system. The case at hand is an appeal on a part of an earlier rulings.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

LexForti

NOVEMBER 5, 2021

Commencement of trial as used in proviso to Order 6 Rule 17 in the Code of Civil Procedure must be understood in the limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments. [19] Law of Limitation. Problems associated with Amending Pleadings in a Civil Suit.

Diligence 52

Diligence Cause of Action Court Litigation 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. It also contains recommendations for the upcoming implementation process by the EU member states.

Diligence 49

Diligence Contract Laws Legal 49

Conflict of Laws

JULY 14, 2022

Once a written mediation statement based on the mediation agreement reached by parties is made by the judges and served to litigant parties, the judicial mediation settlement shall come into effect. The common law and civil law view the notion of judicial power differently.

Laws 52

Laws Procedural Law Court Legal 52

LexForti

JUNE 2, 2022

It was clearly pronounced that “there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation” [18]. Litigation is a never-ending process and is only increasing in numbers as the hours pass by. Balaji [17]. IS INDIA READY FOR TPF?

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

Conflict of Laws

JUNE 30, 2022

In January 2022, the SPC published the 2021 Conference Summary with regard to cross-border civil and commercial litigation, which addresses a number of core issues concerning the recognition and enforcement of foreign judgments in China. However, this situation is now changed.

Punitive Damages 52

Punitive Damages Court Civil Law Legal 52

Conflict of Laws

MARCH 15, 2022

But more fundamentally, reliance on the Country Reports was inappropriate because they “primarily discuss the lack of judicial independence in proceedings involving politically sensitive matters” and “do not utterly refute plaintiff’s allegation that the civil law system governing this breach of contract business dispute was fair.”.

Government 40

Government Court Civil Law Laws 40

Conflict of Laws

JUNE 16, 2024

However, nothing prevents derogating from this principle by concluding international conventions or enforcing the civil law component of foreign judgments rendered by criminal courts in criminal proceedings, which orders the payment of civil compensation. Hartley, International Commercial Litigation (3 rd ed.

Court 59

Court Legal Assistant Legal Assistance Legal 59

LexForti

JUNE 4, 2021

In totality, it is highly essential to deliberate and get a critical understanding of the concept of jurisdiction, given a misinterpretation of the relevant provisions can culminate to costs and a time-consuming procedure in matters of litigation.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

Fordham Law News

MARCH 24, 2021

[4] Moreover, Delaware law promotes shareholder value maximization through the allocation of duties of loyalty and care on directors; this entails heavy reliance on court-litigation, not incidentally consistent with a substantial turnover for local lawyers, [5] rather than on direct shareholders’ engagement. 833, 874 (2005). [18]

Government 40

Government Laws Litigation Litigating 40

Conflict of Laws

JUNE 26, 2024

However, one should not lose sight of the fact that Abu Dhabi (and the UAE in general) operates under a civil law system where the doctrine of “precedents” is not recognized. [6] 6] Except for the common law enclaves of Dubai International Financial Center (DIFC) and Abu Dhabi Global Market (ADGM). [7]

Divorce 52

Divorce Laws Court Contract 52