Contract, Maine and Procedural Law

Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

SEPTEMBER 21, 2023

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.

Procedural Law

Procedural Law Laws Litigation Litigating

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

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

Contract Laws Civil Law Procedural Law

Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws. The defendant/appellant appealed but it was not successful.

Contract

Contract Cause of Action Court Laws

Peru dispatch: corruption allegations made by arrested ex-advisor to dismissed Prosecutor throw new light on an old issue

JURIST

FEBRUARY 21, 2024

Jaime Villanueva was the main advisor to the suspended Prosecutor of the Nation (Patricia Benavides). As preventive rules we find: Law No. Regarding sanctioning rules: Law No. It allows sanctioning companies involved in acts of corruption, including the payment of fines and the prohibition to contract with the State.

Laws

Laws Government Legal Legal

CJEU fitting an order issued in a Member State on the basis of a third State judgment within the Brussels I bis Regime, case H Limited, C-568/20

Conflict of Laws

APRIL 16, 2022

In the judgment in Owens Bank, C-129/92 , the Court of Justice held that the Brussels Convention does not apply to proceedings in a Contracting State concerning the enforcement of judgment given in civil and commercial matters in non-contracting State.

Contract

Contract Procedural Law Court Laws

Lex & Forum 4/2021: A special on the 2019 Hague Convention on the Recognition of Foreign Judgments

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. Valmantonis.

Procedural Law

Procedural Law Law School Tort Contract

Who is bound by Choice of Court Agreements in Bills of Lading?

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

Court Contract Laws Contract Law

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2022: Abstracts

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

Contract Procedural Law Laws Legal

RabelsZ: new issue alert

Conflict of Laws

MAY 16, 2022

This essay deals with the transfer of ownership under Polish law. The main question is whether Poland simply adheres to one of the classical models historically significant for this country – that of Austria, Germany, or France – or whether its system can be considered an original solution.

Procedural Law

Procedural Law Legal Legal Laws

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2021: Abstracts

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

Contract Procedural Law Court Laws

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2021: Abstracts

Conflict of Laws

APRIL 26, 2021

The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. Zwirlein-Forschner: Road Tolls in Conflict of Laws and International Jurisdiction – a Cross-Border Journey between the European Regulations.

Contract

Contract Legal Legal Procedural Law

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

Conflict of Laws

SEPTEMBER 4, 2023

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. 1 Besides, it should also be associated with a more extensive and, in consequence, time-consuming reform of procedural law.

Procedural Law

Procedural Law Court Legal Legal

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2022: Abstracts

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 following article presents the German implementing rules for this recast.

Contract

Contract Laws Government Court

The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Conflict of Laws

JULY 9, 2021

Article 51 of the PRC Maritime Special Procedure Law provides that the maritime court may upon the application of a maritime claimant issue a maritime injunction to compel the respondent to do or not to do certain acts in order to protect the claimant’s lawful rights and interests from being infringed. [4] See Article 100, para.1

Court

Court Procedural Law Litigation Litigating

Enforceability of CAS awards in Greece – a short survey

Conflict of Laws

AUGUST 17, 2022

The second decision concerned two accredited sports managers from Argentina against an Argentinian football player who terminated unilaterally the agreement, hence, he failed to abide by the conditions of the contract signed with the managers. Main findings. It simply determines the burden of proof and the party borne with it.

Sports

Sports Procedural Law Court Contract

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

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

Drafting Contract Tort Litigation

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2021: Abstracts

Conflict of Laws

NOVEMBER 1, 2021

The blockchain-ready Electronic Securities Act (Gesetz über elektronische Wertpapiere: eWpG) comes with its own conflict of laws provision. This paper addresses the subject matter, connecting factors, and questions of the applicable law of said rule. Pika : The Choice of Law for Arbitration Agreements.

Divorce

Divorce Contract Court Legal

Giustizia consensuale No 2/2021: Abstracts

Conflict of Laws

JANUARY 27, 2022

Mariottini (Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law), The Singapore Convention on International Mediated Settlement Agreements: A New Status for Party Autonomy in the Non-Adjudicative Process. Cristina M.

Technology

Technology Legal Legal Government

Conference Report from Luxemburg: On the Brussels Ibis Reform

Conflict of Laws

SEPTEMBER 12, 2022

On 9 September 2022, the Max Planck Institute for Procedural Law Luxembourg hosted a conference on the Brussels Ibis Reform, in collaboration with the KU Leuven and the EAPIL. 1 in light of the principle of privity of contracts (“Relativität des Schuldverhältnisses”) and the concurrence of claims under Article 7 no.

Procedural Law

Procedural Law Drafting Court Laws

Giustizia consensuale (Consensual Justice): Report on the Journal’s Inaugural Conference

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

Technology Procedural Law Lawyer Lawyers

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2023: Abstracts

Conflict of Laws

DECEMBER 19, 2022

A/S the CJEU iterates on the principle expressed in Recital 18 Brussels I bis Regulation that in cross-border insurance contracts only the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules. Greek law). In its decision T.B. 7(2) Brussels I bis Regulation. 36 (1) No.

Court

Court Cause of Action Laws Legal

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2022: Abstracts

Conflict of Laws

SEPTEMBER 1, 2022

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.

Contract

Contract Tort Procedural Law Court

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2022: Abstracts

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

Contract Legal Legal Court

Report on Annual Conference on Consumer Law organized by ERA with specific highlights of the recent Representative Actions Directive

Conflict of Laws

DECEMBER 16, 2020

This report has been prepared by Priyanka Jain , a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. On 8-9 October 2020, ERA – the Academy of European Law – organized its Annual Conference on European Consumer Law 2020. Introduction: .

Laws

Laws Legal Secretary Litigation Litigating

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2021: Abstracts

Conflict of Laws

MARCH 19, 2021

In spite of a choice of court agreement pointing to Irish courts for “all suits to enforce this contract” (translation), the OLG München has held itself competent for antitrust claims, as – according to the reasons given – no interpretation of the contract was necessary. 25 Brussels Ia Regulation itself.

Divorce

Divorce Contract Tort Court

Insights into ERA Seminar on Privacy and Data Protection with a Specific Focus on “Balance between Data Retention for Law Enforcement Purposes and Right to Privacy” (Conference Report)

Conflict of Laws

JANUARY 14, 2021

This report has been prepared by Priyanka Jain , a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. candidate at the University of Luxembourg. Introduction: .

Data Management

Data Management Laws Legal Legal

Paralegal Brief

Overview of the 2023 Amendments to Chinese Civil Procedure Law

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Trending Sources

Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Peru dispatch: corruption allegations made by arrested ex-advisor to dismissed Prosecutor throw new light on an old issue

CJEU fitting an order issued in a Member State on the basis of a third State judgment within the Brussels I bis Regime, case H Limited, C-568/20

Lex & Forum 4/2021: A special on the 2019 Hague Convention on the Recognition of Foreign Judgments

Who is bound by Choice of Court Agreements in Bills of Lading?

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2022: Abstracts

RabelsZ: new issue alert

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2021: Abstracts

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2021: Abstracts

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

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2022: Abstracts

The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Enforceability of CAS awards in Greece – a short survey

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

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2021: Abstracts

Giustizia consensuale No 2/2021: Abstracts

Conference Report from Luxemburg: On the Brussels Ibis Reform

Giustizia consensuale (Consensual Justice): Report on the Journal’s Inaugural Conference

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2023: Abstracts

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2022: Abstracts

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2022: Abstracts

Report on Annual Conference on Consumer Law organized by ERA with specific highlights of the recent Representative Actions Directive

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2021: Abstracts

Insights into ERA Seminar on Privacy and Data Protection with a Specific Focus on “Balance between Data Retention for Law Enforcement Purposes and Right to Privacy” (Conference Report)

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