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After reading and reviewing a thought-provoking book on the choice of law in international commercial contracts in Indonesia last year, I decided to delve further into the subject by picking up a book on Indonesian private international law. Pereira (Supreme Courtdecision 376 K/Pdt. Luis F.S.S. 97, 111-112).
Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void. The recent judgment of the High Court of Bahrain (a first instance court in the Bahraini judicial system ) in the Case No. Pursuant to Article 4 of Law No.
Legal research skills Legal research skills are essential for finding and analyzing laws, regulations, and courtdecisions pertinent to the case you’re working on. Criminal law, familylaw, corporate law – each comes with unique demands and rewards.
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.
2) The foreign judgment is contrary to public policy because it violates Islamic Sharia law, individual property rights and the distribution of property under UAE law. 3) The parties have not (yet) been divorced under Pakistani law or Islamic Sharia. Ruling: In its ruling dated 25 January 2024 ( Appeal No. 37 (2023), pp.
They began with an overview of the instances where the choice of law questions are raised at the jurisdictional stage in the context of granting permission for service out of the jurisdiction, exploring the relevant gateways in the Practice Direction 6B of the Civil Procedure Rules.
Schlosser: Jurisdiction Agreements and other Agreements integrally Covered by European Law. Certain contracts are particularly close to the law of the European Union. That law is particularly concerned about its effectiveness, if needed by a creative approach.
This decision provides an opportunity to examine the prerequisites and legal consequences of apparent establishments and so-called virtual establishments (internet presences) from a general perspective, both in the context of Article 7 (5) Brussels Ia Regulation and in connection with Article 19 (2) Rome I Regulation. Notifications: C.
Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. In its judgment, the ADFCF refers to the contract dated 7 December 2023 ).
Relying on the choice of court agreement included in the contract, the defendant challenged the jurisdiction of Bahraini court. However, to my knowledge, this is the first Supreme Courtdecision where explicit reference is made to “ the doctrine of forum non conveniens ” (with the terms cited in English).
Writing on the importance of a private international law system that responds to the interests of Africa, Dr Okoli observed that with growing international trade with Africa comes an inevitable rise in disputes among contracting parties conducting trade on the continent. [4]
It concluded that the appropriate forum to resolve the custody dispute is the FamilyCourt, where proceedings were already pending. Had Bangladesh been a contracting state, the resolution of the case would have been more straightforward, potentially avoiding the prolonged and conflicting litigation that ensued in both jurisdictions.
The Court also cited Law No. 33.17, which transferred the Minister of Justices responsibilities to the Public Prosecutor at the Supreme Court, in its capacity as Head Public Prosecutor Office. The Court also noted that the medical reports submitted did not provide evidence of mistreatment. The Ruling In its Ruling No.
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