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Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. The latest amendments to the Civil Procedure Law in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions.

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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.

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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

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.

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Limitation Period for Enforcement of Foreign Judgments: Australian Court Recognized and Enforced Chinese Judgment Again

Conflict of Laws

However, the two original defendants failed to fulfill their liability for repayment as agreed while the Plaintiff has performed the contract obligations. Under the principle of reciprocity, Chinese court may enforce Australian judgments according to Article 288 of Civil Procedural Law of China. [14] 7] Para 42, (n 1). [8]

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A Major Amendment to Provisions on Foreign-Related Civil Procedures Is Planned in China

Conflict of Laws

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. 276, para.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2023: Abstracts

Conflict of Laws

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. The new law contains 49 arbitration-related provisions and replaces the Law No.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2023: Abstracts

Conflict of Laws

Freitag: More Freedom of Choice in Private International Law on the Name of a Person! The respective rule invalidated marriages contracted validly according to the national law of the intended spouses if one of them was younger than 16 years of age (Art. 13 ss 3 no 1 EGBGB). The Court answered this question in the affirmative.

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