Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 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.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

MAY 27, 2024

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.

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Court Contract Laws Contract Law 59

Conflict of Laws

SEPTEMBER 16, 2021

Kostin, Senior Research Fellow at the Private Law Research Centre (Moscow, Russia) and counsel atAvangard law firm. and Valeria Rzyanina, junior associate, Avangard Law Firm. This is a synopsis of an article published in the Herald of Civil Procedure Law Journal N 1/2021 in Russian). 40-39791 / 2018.

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Court Real Estate Legal Legal 75

Conflict of Laws

OCTOBER 1, 2024

By Ananya Bhargava, Jindal Global Law School, OP Jindal Global University, India. Recently, the Delhi High Court in the case of Honasa Consumer Limited v RSM General Trading LLC granted an anti-enforcement injunction against the execution proceedings instituted in the Dubai Court on the ground that it threatened the arbitral process in India.

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Court Prima Facie Case Laws Legal 69

Conflict of Laws

DECEMBER 12, 2020

By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn.

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Laws Court Contract Legal 98

Conflict of Laws

JULY 9, 2021

When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.

Court 52

Court Procedural Law Litigation Litigating 52

Conflict of Laws

JULY 2, 2024

Theimer: The last arrow in the English courts’ quiver? Quasi-anti-suit injunctions’ and damages for breach of exclusive choice of court agreements This article analyses the last instance of failed integration of English common law instruments into the jurisdictional system of the Brussels regime.

Contract 52

Contract Court Laws Procedural Law 52

Conflict of Laws

NOVEMBER 13, 2021

Mr Ting Liao, PhD candidate at the Wuhan University Institute of International Law, published a note on the Chinese Smart Court , which attracted a lot of interest and attention. We have responded a few enquires and comments, some relating to the procedure and feasibility of virtual/remote hearing.

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Court Litigating Litigation Technology 52

Conflict of Laws

SEPTEMBER 1, 2022

The rules on applicable law for environmental damage, contained in the Rome II Regulation on the law that applies to non-contractual obligations, are a clear and considered exception. Courts are struggling with the right approach to the relevant rules. Those obligations remain contractual even if they entitle a third party.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

JANUARY 3, 2025

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. Special attention is given to anticipatory ipso facto clauses , cancelling the contract before the opening of insolvency proceedings. Kasolowsky/C.

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Notary Public Contract Laws Court 59

Conflict of Laws

DECEMBER 15, 2021

This is especially so given that “external” conflict of laws rules seem to sometimes guide “internal” conflict of laws cases. [8] In a not so distant and colonial past, there were multiple “internationalized” or mixed courts in various regions and nations. The last such mixed court only closed its doors in 1980. [9]

Laws 52

Laws Court Procedural Law Legal 52

Conflict of Laws

NOVEMBER 2, 2021

The central topic of the present issue (Focus) is further elaborated by the contributions of Professor Spyros Tsantinis on the importance of private autonomy in European and international procedural law, and of Dr. Konstantinos Voulgarakis on the protection mechanisms in the case of choice of court agreements.

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Procedural Law Family Law Contract Court 52

Conflict of Laws

FEBRUARY 27, 2022

Professor Kerameus started his academic career at the Law School of the Aristotle University of Thessaloniki, in his home town, and completed his career at the University of Athens. He taught Civil Procedure, Comparative and International Procedural Law in Greek and other leading Universities abroad.

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Procedural Law Law School Tort Contract 52

Conflict of Laws

SEPTEMBER 4, 2023

Nitschmann: The consequences of Brexit on Civil Judicial Cooperation between Germany and the United Kingdom The United Kingdom’s withdrawal from the European Union has far-reaching consequences for international civil procedure law. 57 Austrian Code of Civil Procedure. 5 Brussels Ia Regulation and Art.

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Procedural Law Court Legal Legal 69

Conflict of Laws

APRIL 26, 2021

This article examines the impact of this realignment on private international law, for civil and commercial matters, within the legal systems of the UK, the EU and third countries with whom the UK and the EU had established relationships before their separation. It approaches that subject from three perspectives.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JANUARY 27, 2022

In the XX century, dispute resolution was characterized by the leading role played by State courts: however, this situation has begun to change. With modernity and globalization has come the search of ways to ensure the ‘deconflictualisation’ of social and economic relations and solve conflicts arising out of them. Cristina M.

Technology 98

Technology Legal Legal Government 98

Conflict of Laws

JULY 5, 2021

Remien : The European Succession Regulation and the many questions of the European court practice – five years after entry into force. but especially national court practice shows many interesting cases of the necessary overall assessment. 102 TFEU and/or national competition law rules. The long-awaited U.S. According to Art.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

JANUARY 18, 2024

In instances where multiple representative foundations seek to bring proceedings for the same event without reaching a settlement up to a certain point during the proceedings, the court will appoint an exclusive representative. This procedural detail adds an additional layer of complexity to the dynamics of collective actions under the WAMCA.

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Court Procedural Law Legal Legal 78

Conflict of Laws

JANUARY 17, 2023

This contribution maps the meaning and nature of those articles, their application in early case-law across Member States, and their impact among others on business and human rights litigation, pre and post Brexit. Indonesian civil procedure law recognises choice of court agreements made by contracting parties.

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Laws Contract Court Procedural Law 40

Conflict of Laws

JUNE 27, 2022

Wolfram: Achmea – neglecting of international public law – some afterthoughts. This contribution is not meant to assess the Achmea judgment of the European Court of Justice. Schlosser: Jurisdiction Agreements and other Agreements integrally Covered by European Law.

Contract 40

Contract Procedural Law Legal Legal 40

Conflict of Laws

JANUARY 2, 2023

Written by NIE Yuxin and LIU Chang, Wuhan University Institute of International Law. The present Civil Procedure Law of China (hereinafter “CPL”) was enacted in 1990 and has been amended four times. All amendments made no substantive adjustments to the foreign-related civil procedure proceedings. Background. Jurisdiction.

Drafting 52

Drafting Contract Tort Litigation 52

Conflict of Laws

AUGUST 5, 2024

Meng Yu, lecturer at China University of Political Science and Law, and co-founder of China Justice Observer. This case marks the first time that a Chinese court has recognized and enforced a Thai monetary judgment. Guangxi High People’s Court’s news ). On 16 September 2019, the Thai Court issued a civil judgment No.

Court 49

Court Procedural Law Contract Laws 49

Conflict of Laws

JULY 14, 2022

Judicial mediation is a unique dispute resolution mechanism in Chinese civil procedure. Wherever civil disputes are brought to the court, the judge should, based on parties’ consent, mediate before adjudicating. Zilin Hao, Anjie Law Firm, Beijing, China. This document is called ‘judicial mediation settlement’ in this note.

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Laws Procedural Law Court Legal 52

Conflict of Laws

FEBRUARY 26, 2025

The authors 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. In addition, the article also looks at current projects and the latest developments at the Hague Conference of Private International Law.

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Diligence Contract Court Decisions Punitive Damages 45

Conflict of Laws

OCTOBER 28, 2022

Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. As a result of two recent reforms the German private international and procedural laws applicable to adoptions have changed quite substantively. The Higher Regional Court (OLG) of Frankfurt a.M. Staudinger/F.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

AUGUST 17, 2022

Applications to recognize and enforce CAS awards are not part of Greek court’s daily order business. About ten years ago, the first decision of a Greek court was published, which accepted an application to declare a decision of the Court of Arbitration for Sports (CAS) enforceable. April 2022, both unreported).

Sports 52

Sports Procedural Law Court Contract 52

Conflict of Laws

MARCH 22, 2022

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.

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

FEBRUARY 21, 2023

Cross-border family disputes are the Focus of the current issue and were examined in an online conference of Lex and Forum (8.12.2022), under the Presidency of the Supreme Court Judge, Ms. Evdoxia Kiouptsidou-Stratoudaki. 2021, on the non-opposition to public order of a marriage performed by a proxy, with a note by Dr.

Family Law 52

Family Law Laws Divorce Court 52

Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

Tort 52

Tort Court Procedural Law Laws 52

Conflict of Laws

MAY 17, 2022

Hay : On the Road to a Third American Restatement of Conflicts Law. American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law.

Contract 40

Contract Legal Legal Court 40

Conflict of Laws

OCTOBER 27, 2021

The recognition and enforcement of French civil and commercial judgments in China is generally regulated by Articles 281 and 282 of the People’s Republic of China (PRC) Civil Procedure Law as amended in 2017 (hereinafter “ PRC CPL ”). Major Provisions under the France-China Agreement.

Divorce 52

Divorce Procedural Law Court Laws 52

Conflict of Laws

NOVEMBER 1, 2021

Maxian Rusche : Available actions in the German courts against the abuse of intra-EU investor-State arbitration proceedings. The Court of Justice of the European Union ruled in Achmea that intra-EU investment arbitration violates fundamental rules of EU law. The court held that the enforcement provision Article V (1) lit.

Divorce 40

Divorce Contract Court Legal 40

Conflict of Laws

DECEMBER 19, 2022

The preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) exists to ensure the uniform interpretation and application of EU law. One such condition is that the question referred to the court must be applicable to the decision in the initial legal dispute.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

MAY 17, 2024

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. Scotland, Northern Ireland), but is rather subject to re-examination by the competent court (e.g.

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Drafting Government Legal Legal 64

Conflict of Laws

JUNE 30, 2022

Professor Francesco Paolo Luiso (University of Pisa, Italy – Academician of the Order of Lincei ) then proceeded to effectively illustrate the essential role played by lawyers in changing the traditional paradigm of dispute resolution which sees court adjudication as the main (if not, the sole) way of settling disputes.

Technology 52

Technology Procedural Law Lawyer Lawyers 52

Conflict of Laws

AUGUST 3, 2023

After all, mandatory application in EU courts is largely irrelevant if courts do not have jurisdiction in the first place. If the remaining alternative is to bring an action in a court outside the EU, the application of the CSDDD civil liability regime is not, however, guaranteed. Common to Arts. 22 (5) CSDDD.

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Drafting Diligence Procedural Law Court 52

Conflict of Laws

SEPTEMBER 14, 2023

During the twentieth century many countries moved from an absolute theory of foreign state immunity, under which countries could never be sued in another country’s courts, to the restrictive theory. But Russia joined the restrictive immunity camp in 2016, when its law on the jurisdictional immunity of foreign states went into effect.

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