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

Conflict of Laws

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. npc/c2/c30834/202112/t20211227_315637.html> html> accessed 13 October 2024. [2]

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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.

Laws 52
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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

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] 8] Id, at pp.

Laws 98
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The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Conflict of Laws

Article 51 of the PRC Maritime Special Procedure Law provides that the maritime court may upon the application of a maritime claimant issue a maritime injunction to compel the respondent to do or not to do certain acts in order to protect the claimant’s lawful rights and interests from being infringed. [4] See Article 100, para.1

Court 52
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Is Chinese Judicial Mediation Settlement ‘Judgment’ in Private International Law?

Conflict of Laws

Article 125 also affirms that for a civil dispute brought by the parties to the people’s court, if it is suitable for mediation, mediation shall be conducted first, unless the parties refuse mediation. Additionally, under the common law, a “judgment” is an order of court which gives rise to res judicata.

Laws 52
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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.

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

LexForti

Keywords- Amendment of Pleadings, Civil Procedure Code 1908. The principle followed in Civil Procedural Law is that the Court procedures and rules are designed to achieve substantial justice. Law of Limitation. Problems associated with Amending Pleadings in a Civil Suit. Introduction.