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.

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Mondaq

MAY 16, 2022

In Turkey, signing contracts with a basic or secure electronic signature is an important issue. This topic should be evaluated with the provisions of the Electronic Signature Law No. 5070, along with the Civil Procedure Law.

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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.

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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.

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Conflict of Laws

MARCH 16, 2025

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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JURIST

FEBRUARY 21, 2024

As preventive rules we find: Law No. 30424 – Law for the Strengthening of the Comptroller General of the Republic, in which measures are established to strengthen the control of public resources and promote transparency in governmental management. Regarding sanctioning rules: Law No.

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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] 7] Para 42, (n 1). [8]

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Conflict of Laws

FEBRUARY 21, 2021

The International Max Planck Research School for Successful Dispute Resolution in International Law (IMPRS-SDR) is accepting applications for PhD proposals within the research areas of the Department of International Law and Dispute Resolution and the Department of European and Comparative Procedural Law to fill a total of.

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Conflict of Laws

JULY 2, 2024

The author criticizes that the ECJ characterizes the contract to enter into a future contract detached from the future contract and generally argues in favor of an ancillary characterization and a broad understanding of the provision of services for the purpose of Art. 7(1)(b) Brussels Ia-Regulation.

Contract 52

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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.

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Conflict of Laws

DECEMBER 12, 2020

Under the Civil Procedure Law of China (CPL), the general rule of territorial jurisdiction is that a civil action shall be brought in the People’s Court of the place in which the defendant is domiciled subject to various exceptions grouped together under the title of “special jurisdictions”. [9] 8] Id, at pp. 14] E.g., Winkworth v.

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Laws Court Contract Legal 98

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.

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Conflict of Laws

JANUARY 18, 2022

We would like to explore these and many other related questions at the 4th German-speaking Conference for Young Scholars in Private International Law. The written contributions will be published in an edited conference volume. The conference will be held in German, but English presentations are also welcome.

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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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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.

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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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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

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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.

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Conflict of Laws

MAY 16, 2022

The authors are convinced that one cannot analyse the transfer of ownership without considering the underlying contract. In particular, the passing of risk has to be considered in unison with the rules for the passing of ownership.

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Procedural Law Legal Legal Finance 52

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

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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.

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Technology Legal Legal Government 98

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).

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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. Mandl: Apparent and virtual establishments reflected through Art. 5 Brussels Ia Regulation and Art.

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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.

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Conflict of Laws

FEBRUARY 26, 2025

Such a court decision can be recognised in Germany under procedural law. had to deal with the extraterritorial effect of so-called US secondary sanctions on contracts to which German law is applicable. OLG Frankfurt a.M.) 9(3) Rome I Regulation. This case note examines the Supreme Courts decision from both angles.

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Conflict of Laws

JULY 14, 2022

According to Article 96 of Civil Procedure Law of China, in trying civil cases, a people’s court shall conduct mediation to the merits of case under the principle of voluntary participation of the parties and based on clear facts. What is a judicial mediation settlement.

Laws 52

Laws Procedural Law Court Legal 52

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.

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Conflict of Laws

JANUARY 18, 2024

If on the basis of question 1a (and/or 1b) not only one but several internally competent judges in the relevant Member State are designated, does Article 7, point 2, Brussels I bis then oppose the application of national (procedural) law that allows referral to one court within that Member State?

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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. It simply determines the burden of proof and the party borne with it. Field of application of CAS.

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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.

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Conflict of Laws

FEBRUARY 21, 2023

The issue is completed with the Praefatio by Vassilios Christianos, Emeritus Professor at University of Athens, and former Director of the Center of International and European Economic Law, regarding the contribution of the comparative method to EU procedural law; the expert opinion by Dimitrios Tsikrikas, Professor at the Athens Faculty of Law, on (..)

Family Law 52

Family Law Laws Divorce Court 52

Conflict of Laws

JUNE 29, 2023

Coester-Waltjen: Non-Recognition of “Child Marriages“ Concluded Abroad and Constitutional Standards The Federal Supreme Court raised the question on the constitutionality of one provision of the new law concerning “child marriages” enacted by the German legislator in 2017. 13 ss 3 no 1 EGBGB).

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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.

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Conflict of Laws

DECEMBER 15, 2021

The Historic Bases of Private International Law. The American Journal of Comparative Law , vol. Yntema refers to the following text found in a Fayoum Papyri: “ Contracts between Greeks-who had established colonies in Egypt (red.)-and In Hélène Ruiz Fabri (ed), Max Planck Encyclopedia of International Procedural Law.

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Conflict of Laws

APRIL 1, 2025

Langille argued for an alternative distinction between substance and procedure based on the nature of private rights. The adjudication process through which that determination is made should be subjected to the lex fori as the law of the community. She exemplified her views by reference to statutes of limitation.

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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.

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Conflict of Laws

SEPTEMBER 7, 2022

Mariottini , Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law: Henry Deeb GABRIEL, Contracts for the Sale of Goods – A Comparison of U.S. and International Law , 3rd ed., Finally, this issue features the following book review by Cristina M. Oxford University Press, Oxford, 2022, pp.

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