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In Maska the 1st claimant/respondent instituted an action for summary judgment against the defendant/appellant and the 2nd respondent at the High Court of Katsina State for breach of contract. On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.
Until very recently, Brazilian courts would not enforce a clause that selected a foreign forum, arguing that parties could not, by agreement, oust the jurisdiction of Brazilian courts established by law — an approach quite similar to that adopted by U.S. courts prior to the landmark U.S. 63 §1 CCP.
1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia. Chapter Two of this work proceeds to discuss choice of law in international commercial contracts in a global context.
We’d all been working for over a year on a contract that would make it possible, someday in the future, for everyone to have free and open access to all the official courtdecisions ever published in the United States. state and federal courtdecisions representing the bulk of our nation’s common law.
To purchase those rights, they entered into contracts with Flowers that require any disputes to be arbitrated under the FAA. Pursuant to the FAA, arbitration agreements are “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”
The Supreme Court Ruling No. The case is also particularly interesting because it concerns the establishment of a kafala under Moroccan law for the purpose of relocating the child in another Contracting State (France in casu ). Meknes Court of Appeal, Ruling No. 87 of 14 January 2013 ( ibid ); idem , Ruling No.
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. 2, 2019, pp. Girsberger et al.
He represented Greece in the conference on the Lugano Convention, in the negotiations for the accession of Greece to the Brussels Convention, as well as in various committees for the harmonization of the law of contracts, torts and civil procedure in the EU. Mouttotos , University of Bremen, and Dr. N. Valmantonis.
The Execution Court granted the petition and ordered the enforcement of the English judgment. The decision was confirmed on appeal. 4) As the marriage was contracted in Pakistan and later registered in the UK, the marriage and its financial effects should be governed by Pakistani law. Y appealed to the DSC. exceptional.
Specifically, Dr Bernasconi highlighted that the Convention, with 63 Contracting Parties representing every major legal tradition, facilitated the transmission of thousands of requests for taking of evidence every year and allowed the use of video-link technology in the taking of evidence abroad.
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.
Supreme Courtdecision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. This comment raises the question whether the decision reduces or in effect continues the previous uncertainty.
Building on the comments, the present article authored by the members of the Marburg Group focuses on the main points of critique and considers the present state of discussion on the proposed Regulation. Mandl: Apparent and virtual establishments reflected through Art. 5 Brussels Ia Regulation and Art.
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 ).
Professor Martin Gebauer (University of Tbingen) explored three main themes: striking parallels in time and content, strong contrasts, and finally the tensions in characterisation. In this context, he explained the international framework for contracts in international family law by exploring the EU and HCCH rules.
The Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders. Supreme Court determined was preempted in Hughes v. Austria’s Constitutional Court Reversed Lower CourtDecision That Held Up Airport Expansion Based on Climate Change Concerns.
The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. However, instead of ensuring legal clarity in this respect, the two decisions rendered by the ECJ further fragment the autonomous concept of contract under international civil procedural law.
Certain contracts are particularly close to the law of the European Union. They include international jurisdiction agreements, contracts creating an exception in European law, to generally prohibited contracts, and contracts providing the use of European Trademarks and other European rights valid even against third persons.
For conservative societies, the challenge is even greater, as local authorities may have to decide whether or not to recognise same-sex marriages contracted abroad (in particular when their nationals are involved). General Context In his seminal book ( Private International Law in Commonwealth Africa (Cambridge University Press, 2013) p.
It concluded that the appropriate forum to resolve the custody dispute is the Family Court, 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 Supreme Court will hear oral arguments on Wednesday in a Catholic virtual charter schools bid to become the nations first religious charter school. The contract that the charter school board signed with the school indicated that the school is allowed to freely exercise its religious beliefs.
In response, the father contested the petition on two main grounds. 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 Ruling In its Ruling No.
Although the state law governing charter schools requires them to be non-religious in their programs, admissions policies, and other operations, the boards contract with St. Gentner Drummond, the states Republican attorney general, went to the Oklahoma Supreme Court, asking it to invalidate the boards contract with St.
There is plenty of commentary making the rounds regarding yesterdays 5-4 Supreme Courtdecision confirming that of course a judge can issue a Temporary Restraining Order to maintain the status quo and require USAID pay out the money that it owes to contractors for work already done. Musk freezing the payouts violated the law.
Additionally, cases that reversed lower courtdecisions or set new legal precedents were considered more significant. Case Outcome: Reversal of Lower CourtDecision: 5 points. Affirmation of Lower CourtDecision: 2 points. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points.
Decision The Ninth Circuit reversed the district courtsdecision to dismiss the Unruh Act claim, ruling that the federal court should have kept jurisdiction over it. The court noted that the claim was already largely resolved by the ADA ruling, and sending it to state court would be inefficient and unnecessary.
EPA (2024), she criticized the Courtsdecision to block an EPA rule without fully engaging with legal and procedural requirements, stating, The Court today enjoins the enforcement of a major Environmental Protection Agency rule without fully engaging with both the relevant law and the voluminous record. By 2024, in Fischer v.
On March 6, Trump directed federal agencies to terminate contracts with Perkins Coie “to the extent permitted by law,” to limit the firm’s 1,200 attorneys access to federal buildings and employees, and to halt all security clearances. This means the firm cannot represent clients with government contracts. Elizabeth G.
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