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Written by Marco Farina, Italian lawyer, PhD in Civil ProceduralLaw at the University La Sapienza of Rome – Adjunct Professor of Civil ProceduralLaw at the University LUISS of Rome. The judgment of the Italian Supreme Court can be read here (in Italian).
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. 4] It simply determined not to hear the case, based on its finding that the two village committees did not have standing to sue in the Dutch court. [5]. Summary of Facts.
On 18 June 2024, the China-ASEAN Free Trade Area Nanning International Commercial Tribunal under the Nanning Railway Transportation Intermediate Court, Guangxi (hereafter the “Nanning Court”), ruled to recognize and enforce a Thai monetary judgment.
First and second instance courts decided in favour of Z. the Supreme Courtruled that the Athens Court of Appeal failed to examine two grounds of appeal raised by M. The case was sent back to the appellate court [Supreme Court nr. As mentioned above, the judgment has not been published in the legal press.
Both the first instance court and the court in appeal found that the claims were sufficiently connected, despite the contentions of Shell. in the 2015 ruling). In the meantime, the substantive law aspects of the procedure, including the question which sanctions can be imposed, are governed by the lex causae (Nigerian law).
Article 5 provides that a foreign state is deemed to consent if it files suit as a plaintiff, participates as a defendant and files “an answer or a counterclaim on the merits of the case,” or participates as a third party in Chinese courts. This change brings the FSIL into greater alignment with Articles 19-21 of the U.N.
In the meantime, the regulation has become one of the most important legal instruments for judicial cooperation in civil matters. The following article presents the German implementing rules for this recast. The following article presents the German implementing rules for this recast. A look at Art. A look at Art.
Taken in conjunction with its decision in Case 1 AR 56/20, the Court seemingly favours a subject-matter-related test of “international character”, while the Court at the same time, in Case 1 AR 31/20, respectfully adopts the authoritative interpretation of the ECJ in Maletic. 13 (3) No. The article focuses on the intertemporal problem.
(Cooperative Constitutional State and the Codification of Private International Law: Notes on the “Judgment Project” of the Hague Conference on Private International Law). The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of LawLegal Studies Research Paper Series No.
(Cooperative Constitutional State and the Codification of Private International Law: Notes on the “Judgment Project” of the Hague Conference on Private International Law). The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of LawLegal Studies Research Paper Series No.
2019 Hague Judgments Convention: Global Recognition and Enforcement of Civil and Commercial Judgments (Review of the International Conference held in Hong Kong on September 9, 2019), Journal of Foreign Legislation and Comparative Law 2020-03, pp. EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Brand, Ronald A.
2019 Hague Judgments Convention: Global Recognition and Enforcement of Civil and Commercial Judgments (Review of the International Conference held in Hong Kong on September 9, 2019), Journal of Foreign Legislation and Comparative Law 2020-03, pp. EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Brand, Ronald A.
2019 Hague Judgments Convention: Global Recognition and Enforcement of Civil and Commercial Judgments (Review of the International Conference held in Hong Kong on September 9, 2019), Journal of Foreign Legislation and Comparative Law 2020-03, pp. EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Brand, Ronald A.
2019 Hague Judgments Convention: Global Recognition and Enforcement of Civil and Commercial Judgments (Review of the International Conference held in Hong Kong on September 9, 2019), Journal of Foreign Legislation and Comparative Law 2020-03, pp. EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Brand, Ronald A.
2019 Hague Judgments Convention: Global Recognition and Enforcement of Civil and Commercial Judgments (Review of the International Conference held in Hong Kong on September 9, 2019), Journal of Foreign Legislation and Comparative Law 2020-03, pp. EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Brand, Ronald A.
2019 Hague Judgments Convention: Global Recognition and Enforcement of Civil and Commercial Judgments (Review of the International Conference held in Hong Kong on September 9, 2019), Journal of Foreign Legislation and Comparative Law 2020-03, pp. EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Brand, Ronald A.
The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. 22 CSDDD is their mandatory nature for the purpose of private international law, which established by the ECJ for the former and is legally prescribed for the latter in Art. Common to Arts. 22 (5) CSDDD.
Germany of the Federal Constitutional Court, the focus of the decision is not on fundamental rights, but on administrative questions of climate governance and enforcement. To compel the federal government to fulfill its legal obligation under the CCA, two environmental associations filed a lawsuit in the Higher Administrative Court.
Our sincere thanks go to all involved, not only at the conference and in the book project, but also to the legal scholars from around the world who have kept us constantly informed about publications of their own work on the HCCH 2019 Judgments Convention. International Law – A Practical Manual [Working Title], London 2022, pp.
The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of LawLegal Studies Research Paper Series No. A Commitment to Private International Law – Essays in honour of Hans van Loon, Cambridge 2013, pp 89-99 Brand, Ronald A. “On 166-172 (available here ) Brand, Ronald A.
The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of LawLegal Studies Research Paper Series No. A Commitment to Private International Law – Essays in honour of Hans van Loon, Cambridge 2013, pp 89-99 Brand, Ronald A. 166-172 (available here ) Brand, Ronald A. 2021-23, pp.
Introduction The recognition and enforcement of foreign judgments in the MENA region can sometimes be challenging, as it often involves navigating complex legal frameworks (domestic law v. It made a clear distinction between the recognition of foreign judgments and their enforcement and determined their respective legal regimes.
It provides an overview of 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.
Premier Nutrition Corporation Judge Bade / Ninth Circuit / June 17, 2020 Case Overview The case revolves around Sonner’s attempt to secure equitable restitution under Californias Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) in a federal court sitting in diversity. 5 Tangreti v.
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