Conflict of Laws

DECEMBER 16, 2024

(Cornell), Bachelor of Laws (ZUEL). * The doctrine of forum non conveniens is an important principle in civil procedure laws and frequently applied by courts in many legal systems, especially those of common law countries. For instance, in Jiahua International Limited, Ruixiang Limited v.

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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. 57 Austrian Code of Civil Procedure. 5 Brussels Ia Regulation and Art.

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Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. Introduction.

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Conflict of Laws

MAY 17, 2024

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0

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Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Nor do we want to add to the lively discussion on the choice-of-law- aspects regarding civil liability (see, amongst others, van Calster , Ho-Dac , Dias and, before the Proposal, Rühl ).

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Conflict of Laws

SEPTEMBER 14, 2023

For the law of state immunity, this move is particularly significant because China had been the most important adherent to the rival, absolute theory of foreign state immunity. In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). Russia and China long adhered to the absolute theory.

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Patently O

MARCH 17, 2022

I’m teaching my usual Introduction to Intellectual Property course, together with an especially large Civil Procedure class (which at Iowa is 4 credit hours), and the Iowa Innovation, Business & Law Center is running an exciting speaker series on Genetics, Law and Society. Read it here: [link].

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Conflict of Laws

FEBRUARY 17, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193.

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Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. Freitag: More Freedom of Choice in Private International Law on the Name of a Person! 6 ss 1 Basic Law.

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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. The Brussels Ibis Regulation is certainly the fundamental reference-instrument of cross-border judicial cooperation in civil matters within the European Union.

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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. Thus, in the Indonesian legal system, there is an interplay of civil law, which is inherited from the Dutch East Indies, adat (customary law), and Islamic law.

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Conflict of Laws

NOVEMBER 23, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Blom, Joost.

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Conflict of Laws

JANUARY 11, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Blom, Joost.

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Conflict of Laws

MAY 20, 2024

In this context, as explained by Michaels and Sommerfeld , while the CSDDD applies to certain non-EU firms based on their turnover in the EU (Article 2(2)), jurisdictional issues persist for actions against non-EU defendants in EU courts, with jurisdiction typically governed by national provisions.

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Conflict of Laws

APRIL 20, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Garcimartín Alférez, Francisco; Saumier, Geneviève. Nygh, Peter; Pocar, Fausto.

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Conflict of Laws

DECEMBER 7, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Blom, Joost.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Garcimartín Alférez, Francisco; Saumier, Geneviève. Nygh, Peter; Pocar, Fausto.

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LexForti

NOVEMBER 5, 2021

Considering this principle, parties in a civil suit enjoyed unrestricted access to modify their pleadings under Order VI Rule 17 of the Indian Civil Procedure Code, 1908. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. 3] It is needed because the Court expects each side to present their argument in the way they wish to.

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Conflict of Laws

MARCH 22, 2022

Furthermore, the authors look at areas of law where the EU has made use of its external competence. They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. While the court left the decision between lit. a and lit.

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

MAY 17, 2022

American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. Examples drawn from existing drafts of new provisions may serve to venture some evaluation of these proposed changes.

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Contract Legal Legal Court 40

Conflict of Laws

AUGUST 31, 2022

“Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Conflict of Laws

JUNE 21, 2022

“Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Conflict of Laws

SEPTEMBER 28, 2022

“Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Paralegal Bootcamp

NOVEMBER 17, 2023

She teaches legal courses at McEwen such as Legal Information and Management Procedures, Legal Drafting, Legal Documents 1 and 2, Technology for Paralegals, Legal Research, Business Communication, and the Paralegal Studies Capstone Program. So it doesn’t really leave a whole lot of room to have a mentor. Reasonably so.

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Paralegals Paralegal Paralegal Studies Education 147

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: .

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InHouseOps

JUNE 13, 2022

First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice. You want to have an exit strategy that provides for arbitration where no party has a home court advantage thereby having the dispute placed in neutral forum.

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Conflict of Laws

JANUARY 24, 2021

Article 7 Rome II on the law applicable to non-contractual obligations arising from environmental damage embodies the so-called “theory of ubiquity” and confers the prerogative of the election of the applicable law to the “weaker” party (the environmental victim). Ruiz Abou-Nigm, The Conflict of Laws, 9 th ed., McLean & V.

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Conflict of Laws

AUGUST 30, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Conflict of Laws

DECEMBER 13, 2023

According to Article 1 of the law, the FSIL aims to “to protect the lawful rights and interests of litigants, to safeguard the equality of state sovereignty, and to promote friendly exchanges with foreign countries.” On the other hand, it seems unlikely that Chinese courts will ignore opinions that the MFA decides to express.

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ClimateChange-ClimateLaw

DECEMBER 12, 2023

On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. 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. Climate litigation in Germany has achieved another major victory.

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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.

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Conflict of Laws

DECEMBER 22, 2024

Chukwuma Samuel Adesina Okoli & Richard Frimpong Oppong, Enhancing the Draft African Principles on the Law Applicable to International Commercial Contracts Innovations for the African Context, pp. It is therefore crucial how the individual legal question is categorized, namely whether it is classified as substantive or procedural.

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Conflict of Laws

DECEMBER 16, 2024

Once again , the Hague Academy of International Law brought distinguished speakers to the fragrant harbour to deliver lectures on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters . 301 Civil Procedure Law (2023). 7 (1) lit. Westacre Investments v.

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