Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Procedural law matters are reserved for the forum, and some Indonesian judges only appear to see the procedural aspects of choice of law.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

JUNE 27, 2022

In the judgment C-568/20, the CJEU held that a decision of a court of an EU Member State which merges a judgment of a third state is enforceable under Articles 39 ss of the Brussels Ibis Regulation. The decision concerns a classical question of classification: the delimitation of succession law from procedural law.

Contract 40

Contract Procedural Law Legal Legal 40

Conflict of Laws

APRIL 26, 2021

Voß: Qualifying Direct Legal Claims and culpa in contrahendo under European Civil Procedure Law. Even more so, qualifying them adequately and predictably under European civil procedure law poses a challenge that the European Court of Justice (ECJ) has not yet resolved across the board.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JULY 5, 2021

Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. The decision also deals with questions of German procedural law. The long-awaited U.S.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

APRIL 29, 2021

German civil procedural law allows for video hearings under section 128a (1) German Code of Civil Procedure. Things are certainly more difficult when it comes to the taking of evidence. The Panel has done this only once so far, apparently within the scope of application of the EU Taking of Evidence Regulation.

Court 40

Court Legal Assistant Legal Assistance Procedural Law 40

Conflict of Laws

JANUARY 3, 2025

Gssl: Birth registrations and (no) procedural recognition in Ukrainian surrogacy cases (German) In two cases, the BGH dealt with the attribution of parenthood to a child born to a surrogate mother in Ukraine. Under Ukrainian law, the German intended parents would have been the legal parents.

Notary Public 59

Notary Public Contract Laws Court 59

Conflict of Laws

SEPTEMBER 1, 2022

Localising the place of damage in the context of capital investment cases is a perennial problem both under national and European civil procedural law. The Cologne court decision combined several precedents of the German Federal Court and the European Court of Justice. This norm is part of procedural law.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

JUNE 2, 2022

Lagoudi; Court of First Instance Korinthos No 1/2022, on the topic of parental care and maintenance of an out-of-marriage minor by parents of foreign citizenship, with commentary by Dr. G.-A. The issue includes as well the legal opinion of Professor Emeritus at the University of Athens Mr.

Tort 40

Tort Procedural Law Court Laws 40

Conflict of Laws

JUNE 10, 2021

In particular, the court quoted the observations that Chinese “[j]udges regularly received political guidance on pending cases, including instructions on how to rule, from both the government and the [Chinese Communist Party], particularly in politically sensitive cases” and that “[c]orruption often influenced court decisions.”

Court 52

Court Court Decisions Laws Government 52

Conflict of Laws

OCTOBER 3, 2024

Although some questions remain as to the reach of this case and its consequences, it remains a very important decision and therefore warrants attention. Facts The summaries of facts in UAE courts’ decisions are sometimes sparse in details. This one particularly lacks the information necessary to fully understand the case.

Court 75

Court Legal Legal Laws 75

Conflict of Laws

APRIL 1, 2025

They began with an overview of the instances where the choice of law questions are raised at the jurisdictional stage in the context of granting permission for service out of the jurisdiction, exploring the relevant gateways in the Practice Direction 6B of the Civil Procedure Rules.

Laws 40

Laws Family Law Legal Legal 40

Conflict of Laws

SEPTEMBER 14, 2023

The FSIL’s reciprocity clause is consistent with the emphasis on reciprocity that one finds in other provisions of Chinese law. to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.” As discussed further below, the addition of “rulings” (??)

Drafting 49

Drafting Court Laws Tort 49

Conflict of Laws

FEBRUARY 17, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Notification as a Ground for Refusal”, Netherlands International Law Review (NILR) 67 (2020), pp 81-95.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JANUARY 11, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 20, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

AUGUST 31, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

SEPTEMBER 28, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 30, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.

Drafting 98

Drafting Laws Litigation Litigating 98

Conflict of Laws

APRIL 4, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.

Drafting 40

Drafting Laws Litigation Litigating 40

SCOTUSBlog

OCTOBER 5, 2024

Illinois , holding that if prosecutors obtain a conviction using what they know is false testimony, the conviction must be set aside if there is “any reasonable likelihood” that the false testimony could have affected the jury’s decision.

Court 121

Court Attorney Court Decisions Court Rules 121

Conflict of Laws

DECEMBER 17, 2020

What I would consider as an ambitious aspect of the book, however, is the authors’ categorical position regarding the non-binding effect of the obiter dicta of some Supreme Court decisions.

Laws 52

Laws Stare Decisis Legal Legal 52

Above The Law

JANUARY 24, 2025

However, Arroyos ADA claim had already been decided in his favor, and the only remaining issue was his state law claim for damages under the Unruh Act. Decision The Ninth Circuit reversed the district courts decision to dismiss the Unruh Act claim, ruling that the federal court should have kept jurisdiction over it.

Contract 52

Contract Court Prima Facie Case Laws 52