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.

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Contract Cause of Action Court Laws 98

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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Contract Laws Civil Law Procedural Law 52

Conflict of Laws

APRIL 13, 2023

The determination of the law applicable to limitation is a complex exercise. The different characterization of limitation as a procedural or substantive issue adds more to the complexity. The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law.

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Laws Procedural Law Contract Government 98

Conflict of Laws

OCTOBER 14, 2024

Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil Procedure Law (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes. npc/c2/c30834/202112/t20211227_315637.html> html> accessed 13 October 2024. [2]

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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.

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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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Contract Procedural Law Court Laws 98

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.

Procedural Law 52

Procedural Law Laws Contract 52

Conflict of Laws

OCTOBER 31, 2024

Law applicable to contracts for the supply of digital content and digital services This article shows that Directive (EU) 2019/770 on contracts for digital content and services does not harmonise perfectly with the existing EU conflict of laws. Regarding consumer contracts, Art.

Contract 59

Contract Tort Legal Legal 59

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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Court Contract Laws Contract Law 59

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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Court Procedural Law Laws Legal 98

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 Laws Legal 40

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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Laws Contract Court Procedural Law 40

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

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.

Laws 52

Laws Tort Procedural Law Contract 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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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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Laws Legal Legal Government 232

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.

Procedural Law 52

Procedural Law Legal Legal Finance 52

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 52

Contract Legal Legal Procedural Law 52

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 52

Court Procedural Law Litigating Litigation 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.

Court 49

Court Procedural Law Contract Laws 49

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 Litigating 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

Contract Procedural Law Court Laws 52

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 52

Contract Laws Government Court 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. Mandl: Apparent and virtual establishments reflected through Art. 5 Brussels Ia Regulation and Art.

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Procedural Law Court Legal Legal 69

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

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

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.

Laws 98

Laws Court Contract Legal 98

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).

Tort 52

Tort Court Procedural Law Laws 52

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.

Sports 52

Sports Procedural Law Court Contract 52

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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Court Prima Facie Case Laws Legal 69

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

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.

Family Law 52

Family Law Divorce Procedural Law Laws 52

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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Court Procedural Law Legal Legal 78

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.

Divorce 40

Divorce Contract Court Legal 40

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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Court Legal Legal Real Estate 75

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 10

Contract Tort Procedural Law Court 10

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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