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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

The determination of the law applicable to limitation is a complex exercise. The different characterization of limitation as a procedural or substantive issue adds more to the complexity. The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law.

Laws 98
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Amendment of Chinese Civil Procedure Law Concerning Foreign Affairs

Conflict of Laws

Expand the jurisdiction of Chinese courts over foreign-related civil cases The type of cases the court has jurisdiction over has been revised from “disputes due to contract or other property rights” to “foreign-related civil disputes other than personal status.”

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Peru dispatch: corruption allegations made by arrested ex-advisor to dismissed Prosecutor throw new light on an old issue

JURIST

We also might mention the “Odebrecht” case, involving a Brazilian construction and petrochemical company that was involved in a massive bribery scandal that spread throughout several Latin American countries, involving high-level politicians and government officials, as well as judges and members of the judiciary.

Laws 232
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Chinese Judicial Practice on Asymmetric Choice of Court Agreements in International Civil & Commercial Disputes

Conflict of Laws

Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. Chen Jianbao , Beijing Fourth Intermediate Peoples Court pointed out that CPL allows parties to a contract the right to select the court by agreement, which reflects party autonomy in civil procedure law.

Court 45
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2022: Abstracts

Conflict of Laws

Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2022: Abstracts

Conflict of Laws

Hau: Interim relief against contracting authorities: classification as a civil and commercial matter, coordination of parallel proceedings and procedural autonomy of the Member States. Choice of court agreements are one of the most important instruments of international civil procedure law.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2024: Abstracts

Conflict of Laws

Law applicable to contracts for the supply of digital content and digital services This article shows that Directive (EU) 2019/770 on contracts for digital content and services does not harmonise perfectly with the existing EU conflict of laws. Regarding consumer contracts, Art. 4 subpara.