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Who is bound by Choice of Court Agreements in Bills of Lading?

Conflict of Laws

According to the doctrine of privity of contract, only parties to a choice of court agreement are subject to the rights and obligations arising from it. A choice of court agreement in a bill of lading which is agreed by the carrier and shipper and transferred to a consignee, or third-party holder is a ubiquitous example.

Court 59
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2025: Abstracts

Conflict of Laws

Thomale: Ipso facto clauses in cross-border cases (German) Ipso facto clauses or bankruptcy clauses present a controversial problem to both contract law and insolvency law. While the parties had chosen Dutch law to be applicable to the contract, the court held that the German provision was applicable in view of Art.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Conflict of Laws

Furthermore, the authors look at areas of law where the EU has made use of its external competence. They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. While the court left the decision between lit. a and lit.

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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. As the reader, one thing I found striking about Indonesian practice is that a choice of foreign law alone can oust the jurisdiction of the Indonesian courts.

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Comparing Recent Federal Circuit Judges

Above The Law

When looking at the judges appointed by both presidents, it is clear that their circuit court appointees show distinct patterns in terms of gender, race, and geographic representation. Court of Appeals circuits, including the Ninth, Fifth, and Seventh Circuits. The average vote differential for Trumps circuit court judges was 23.2.