Conflict of Laws

OCTOBER 12, 2022

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] In TYM v Ms.

Court 98

Court Procedural Law Laws Legal 98

Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

Laws 98

Laws Court Contract Legal 98

Conflict of Laws

JANUARY 27, 2022

This article examines the Italian doctrine of ‘negotiation of ascertainment’ ( negozio di accertamento ), by means of which the parties put an end to a legal dispute by determining the content of their relationship by mutual consent. Cristina M. Since the early ’90s, Brazil has been at the forefront of consumer protection.

Technology 98

Technology Legal Legal Government 98

Conflict of Laws

JULY 2, 2024

25 Brussels Ibis Regulation and some questionable arguments that are derived from other legal instruments. This ruling provides an opportunity to take a closer look at the function of the requirement of an international element in the context of Art. 7(1)(b) Brussels Ia-Regulation. 7(1)(b) Brussels Ia-Regulation.

Contract 52

Contract Court Laws Procedural Law 52

Conflict of Laws

SEPTEMBER 1, 2022

In cross-border proceedings, service of legal documents poses particular problems, which are addressed by the European Regulation on the Service of Documents. 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.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

MAY 16, 2022

Legal and Political Economics in Comparative Perspective: the Case of Corporate Law. Hardly another area of the law has seen as much interest in comparative analysis as corporate law, in particular the publicly traded corporation. Legal details remained largely under the radar.

Procedural Law 52

Procedural Law Legal Legal Finance 52

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).

Court 75

Court Real Estate Legal Legal 75

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.

Notary Public 59

Notary Public Contract Laws Court 59

Conflict of Laws

APRIL 26, 2021

At 11pm (GMT) on 31 December 2020, the United Kingdom moved out of its orbit of the European Union’s legal system, with the end of the transition period in its Withdrawal Agreement and the conclusion of the new Trade and Cooperation Agreement. Voß: Qualifying Direct Legal Claims and culpa in contrahendo under European Civil Procedure Law.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JANUARY 18, 2022

Deference to the foreign – empty phrase or guiding principle of private international law? The organisors explain: “As part of the legal system, rules of private international law are bound by the principles of their national jurisdiction, but they also open up the national system to foreign rules.

Laws 52

Laws Tort Procedural Law Contract 52

Paralegal Bootcamp

NOVEMBER 17, 2023

Ashley is a Sessional Instructor for the Paralegal Studies and Office Assistant Programs at McEwen University, and she has over 16 years of experience in the legal industry. Ashley’s dedication to supporting future legal professionals shines through her teaching and mentorship. And I thought, you know what, why not?

Paralegals 147

Paralegals Paralegal Paralegal Studies Education 147

Conflict of Laws

JUNE 27, 2022

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.

Contract 40

Contract Procedural Law Legal Legal 40

Conflict of Laws

SEPTEMBER 4, 2023

Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. Mandl: Apparent and virtual establishments reflected through Art. 5 Brussels Ia Regulation and Art.

Procedural Law 69

Procedural Law Court Legal Legal 69

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.

Procedural Law 52

Procedural Law Law School Tort Contract 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. Effectively, this is a context specific harmonised approach to developing substantive contract law rules to regulate the effectiveness of choice of court agreements.

Court 59

Court Contract Laws Contract Law 59

Conflict of Laws

JULY 9, 2021

Following that, the real question is whether and how anti-suit injunction is compatible with Chinese law. Some argued that Article 100 of the PRC CPL provides a legal basis for granting injunctions having similar effects with anti-suit injunction at common law. [2]

Court 52

Court Procedural Law Litigation Litigating 52

Conflict of Laws

JANUARY 17, 2023

A Kusumadara, “Jurisdiction of Courts Chosen in the Parties’ Choice of Court Agreements: An Unsettled Issue in Indonesian Private International Law and the way-out”. Indonesian civil procedure law recognises choice of court agreements made by contracting parties. Review Article.

Laws 40

Laws Contract Court Procedural Law 40

Conflict of Laws

JANUARY 18, 2024

The legal bases of the claim are therefore abuse of economic dominance in the market (Article 102 TFEU) and prohibited vertical price fixing (Article 101 TFEU). They assert that Apple’s dominant position in the market and its behavior constitute an abuse of power.

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Court Procedural Law Legal Legal 78

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

JULY 14, 2022

Zilin Hao, Anjie Law Firm, Beijing, China. In Chinese civil trial practice, there are two types of legal document to merits issued by courts that has the res judicata effect, namely Minshi Panjue Shu (“MPS”) (civil judgment) and Minshi Tiaojie Shu (“MTS”). Two commentors provide different views on this matter.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

FEBRUARY 26, 2025

It presents newly adopted legal instruments and summarises current projects that are making their way through the EU legislative process. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Such a court decision can be recognised in Germany under procedural law.

Diligence 45

Diligence Contract Court Decisions Punitive Damages 45

Conflict of Laws

OCTOBER 1, 2024

The Court deemed the proceedings before the Dubai Court as an attempt to frustrate a possible arbitration envisaged by the contract between the parties. The ADA included an Arbitration clause with New Delhi as the venue of arbitration and the Arbitration and Conciliation Act, 1996 declared as the governing law.

Court 69

Court Prima Facie Case Laws Legal 69

Conflict of Laws

OCTOBER 28, 2022

In the meantime, the regulation has become one of the most important legal instruments for judicial cooperation in civil matters. Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. The regulation has recently been revised for the second time. A look at Art. A look at Art.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

DECEMBER 15, 2021

3] Conflict of laws is “ the body of law that aims to resolve claims involving foreign elements ”. [4] 4] A state or international border is therefore not required to have a conflict of laws system, [5] only different jurisdictions and laws (i.e. legal pluralism [6] ) are. within one State). [7] 4] Okoli, C.S.A.

Laws 52

Laws Court Procedural Law Legal 52

Conflict of Laws

APRIL 1, 2025

Franzina explained that where the private international law of the forum contemplates the possibility of renvoi , the conflict of laws conceptions of a foreign applicable law should also be appreciated. Langille argued for an alternative distinction between substance and procedure based on the nature of private rights.

Laws 45

Laws Family Law Legal Legal 45

Conflict of Laws

JULY 5, 2021

The CJEU (Grand Chamber) has issued a landmark ruling on the borderline between contract and tort disputes under Article 7(1) and (2) of the Brussels I-bis Regulation. 102 TFEU and/or national competition law rules. The decision also deals with questions of German procedural law.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

FEBRUARY 21, 2023

The free movement of people within the European judicial space and the integration of third-country nationals has created a considerable number of multinational family structures, that give rise to a significant number of legal disputes, leading to complex conflict of law issues.

Family Law 52

Family Law Laws Divorce Court 52

Conflict of Laws

MAY 17, 2022

Hau: Interim relief against contracting authorities: classification as a civil and commercial matter, coordination of parallel proceedings and procedural autonomy of the Member States. Choice of court agreements are one of the most important instruments of international civil procedure law.

Contract 40

Contract Legal Legal Court 40

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. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0 Brussels Ibis, Rome I-II etc.),

Drafting 64

Drafting Government Legal Legal 64

Conflict of Laws

AUGUST 5, 2024

Orient Thai Airlines”), a Thai company, entered into an airline ticket sales contract based on their long-term cooperation in charter flights. The contract was signed in Nanning and stipulated that disputes would be settled by the court where the Orient Thai Airlines was located.

Court 49

Court Procedural Law Contract Laws 49

Conflict of Laws

MARCH 22, 2022

It gives information on newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Samtleben: Paraguay: Choice of Law in international contracts.

Contract 8

Contract Tort Litigating Litigation 8

Conflict of Laws

NOVEMBER 1, 2021

Pika : The Choice of Law for Arbitration Agreements. Ever since 2009, when the German choice-of-law provisions for contracts were removed and the Rome I Regulation with its carve-out for arbitration agreements entered into force, the choice of law for arbitration agreements has been debated in Germany. 13 (3) No.

Divorce 40

Divorce Contract Court Legal 40

Conflict of Laws

SEPTEMBER 7, 2022

Domestic violence has drawn increasing attention both from the lawmaker and legal scholars. Legal means to prevent domestic violence and protect women have been promoted and implemented at the national and supranational levels. and International Law , 3rd ed., Finally, this issue features the following book review by Cristina M.

Family Law 40

Family Law Divorce Procedural Law Legal 40

Conflict of Laws

FEBRUARY 10, 2023

Thanks to their experience in the field of public procurement within the Arbitration Chamber of public contracts of the Italian National Anticorruption Authority, the authors incorporate a practitioner’s perspective into their analysis of the Amicable Agreement by referring to case law and to a broad range of doctrinal and legal sources.

Litigation 52

Litigation Litigating Legal Legal 52

Conflict of Laws

DECEMBER 19, 2022

By comparing these two options the author deals with the legal nature of the European account preservation order and with the subtleties of enforcement under the EAPOR. Roth: The „relevance (to the initial legal dispute)“ of the reference for a preliminary ruling pursuant to Article 267 TFEU. In its decision T.B. 36 (1) No.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

JUNE 30, 2022

Procedure, Party agreement, and Contract was the focus of a very thorough presentation by Professor Neil Andrews (University of Cambridge, UK) who underlined that consensual justice is a highly stimulating and significant meeting point between substance and procedure, as well as being an important perspective within technical procedural law.

Technology 52

Technology Procedural Law Lawyers Lawyer 52

Conflict of Laws

AUGUST 3, 2023

The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. EU law does not expressly prohibit such derogation. Precedent for how such exclusive jurisdiction agreements can be treated can be found in the case law following the Ingmar decision of the CJEU. Common to Arts.

Drafting 52

Drafting Diligence Procedural Law Court 52