Conflict of Laws

APRIL 13, 2023

The determination of the law applicable to limitation is a complex exercise. The aim of this post is to explore how would Indian substantive law of the contract impact limitation period and party autonomy, especially in the context of contracting out of limitation in a foreign-seated international arbitration.

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Conflict of Laws

SEPTEMBER 21, 2023

Written by NIE Yuxin, Wuhan University Institute of International Law 1. Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. Notably, 19 changes deal with the special provisions on cross-border procedures. Jurisdiction 2.1 Jurisdiction 2.1

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Conflict of Laws

APRIL 29, 2025

Schiller Chair in Legal Ethics and Professor of Law at the Indiana University Maurer School of Law in the United States. Arguing that the judgment was obtained in violation of an exclusive forum selection clause, Google petitioned the court in California for an order to block Tsargrad from enforcing it. sanctions law.

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JURIST

MARCH 26, 2024

Spain’s National High Court Judge Santiago Pedraz ordered on Monday a temporary suspension of his own previous order to ban the social media app Telegram in Spain. of the Criminal Procedure Law allows for the provisional removal of illicit content or interruption of services offered while the investigation is ongoing.

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JURIST

AUGUST 1, 2024

A Guinea court sentenced former military ruler Moussa Dadis Camara to 20 years in prison on Wednesday for committing crimes against humanity in a massacre in the country’s capital Conakry. The court also ordered compensation ranging from 200 million ($23,000) to one billion francs ($115,000) to be paid to the victims.

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Conflict of Laws

OCTOBER 12, 2022

On 15 July 2022, the Supreme Court of New South Wales (“NSW”) recognized and enforced a Chinese judgment issued by the Shanghai Pudong New Area People’s Court 12 years ago in Tianjin Yingtong Materials Co Ltd v Young [2022] NSWSC 943. [1] Written by Zilin Hao*. 1] It ruled that the defendant Katherine Young (“Ms.

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Conflict of Laws

MARCH 16, 2025

Introduction An asymmetric choice of court agreement is commonly used in international commercial transactions, especially in financial agreements, which usually allows one party (option holder) an optional choice about the forum in which proceedings may be brought but the other (non-option holder) an exclusive choice to sue in a designated court.

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JURIST

JULY 31, 2024

Under Article 315 of the the Spanish Civil Procedure Law , government officials can testify in writing. Sánchez then invoked his right to remain silent under Article 118 of the Spanish Criminal Procedure Law , which grants broad scope for the right to remain silent during investigations, trials, or appeals.

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Conflict of Laws

JANUARY 22, 2022

Carlos Santaló Goris, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. While an enforceable title is not a necessary precondition to access FICOBA in the context of an EAPO, under French domestic law it is.

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Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Email: zhengxinh@cupl.edu.cn. Introduction. Summary of Facts.

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SimplyLawJobs

OCTOBER 28, 2021

So, you have completed a law degree and the likelihood may have been that you were considering becoming a solicitor or barrister. Completing a degree would have given you a great foundation knowledge of academic law but in order to be a professional paralegal, you should learn about practice and procedure. Browse jobs.

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Conflict of Laws

OCTOBER 16, 2021

Written by Marco Farina, Italian lawyer, PhD in Civil Procedural Law at the University La Sapienza of Rome – Adjunct Professor of Civil Procedural Law at the University LUISS of Rome. The Court of Appeal of Rome reasoned under Article 64 (b), of the Italian Act on Private International Law (Law 31 May 1995 no.

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JURIST

SEPTEMBER 20, 2021

Speaking about the country’s judicial system, Justice Ramana emphasized the challenges faced by a common man approaching the courts. He acknowledged that the present justice delivery system in the country poses “multiple barriers for the common people” and that the “workings of the courts do not sit well with the complexities of India”.

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Conflict of Laws

MARCH 9, 2023

Alexander DJ Critchley has added an enriching installment to Hart’s renowned Studies in Private International Law Series entitled “The Application of Foreign Law in the British and German Courts” The author has extensive experience as solicitor in Scots law with a specialisation in family law.

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Conflict of Laws

DECEMBER 13, 2023

Written by Wenliang Zhang (Associate Professor at Renmin University of China Law School), Haoxiang Ruan (PhD Candidate at Renmin University of China Law School), and William S. Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law). Dodge (the John D.

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JURIST

JUNE 27, 2024

The European Court of Human Rights (ECHR) rejected on Thursday four Italian citizens’ request to reduce their life imprisonment sentence to 30 years of prison and ruled that their bid was out of time. Nevertheless, Italian courts rejected the applicants’ request and ruled their applications inadmissible.

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Conflict of Laws

DECEMBER 15, 2021

The history of private international law (or ‘conflict of laws’) is incomplete. Private international law textbooks have always referred to the essentials of the history of our discipline. [1] Conflict of laws systems have been around much longer and are definitely not uniquely western. legal pluralism [6] ) are.

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Conflict of Laws

OCTOBER 1, 2024

Of these, 26 were successful cases where the Chinese courts decided to recognize and enforce foreign judgments while 3 were partially successful cases (the Chinese courts recognized compensatory damages but rejected punitive damages); the recognition and enforcement of foreign judgments were rejected in the remaining 34 cases.

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Conflict of Laws

OCTOBER 12, 2023

By Moses Wiepen, Legal Trainee at the Higher Regional Court of Hamm, Germany In its decision of 21 July 2023 (V ZR 112/22), the German Federal Court of Justice confirmed that Art. In general, following the procedural law principle of actor sequitur forum rei , the Canadian trust should be brought to court in Canadian courts.

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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

OCTOBER 3, 2024

Encyclopedia of Private International Law – Vol. Broadly speaking, indirect jurisdiction refers to the jurisdiction of the foreign court in the context of recognizing and enforcing foreign judgments. Conflict of Laws in a Globalized World (2007) 35). I (2017) 151.) Gottschalk et al.

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The Crime Report

JULY 22, 2021

Often it’s to ensure fairer and more responsive treatment at the hands of a justice system that otherwise offers them few other options, says a Rutgers University law professor. It depends on deception to “sidestep the law without changing the law.”. Lies about facts are used by parties to manipulate evidence in a case.

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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). 40-39791 / 2018.

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Conflict of Laws

FEBRUARY 15, 2022

Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. candidate at the University of Luxembourg, offers an analysis of the Spanish statistics on the European Small Claims Procedure. From Banco Español de Crédito to Bondora. 453/18 and C?494/18,

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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 1, 2024

By Ananya Bhargava, Jindal Global Law School, OP Jindal Global University, India. Recently, the Delhi High Court in the case of Honasa Consumer Limited v RSM General Trading LLC granted an anti-enforcement injunction against the execution proceedings instituted in the Dubai Court on the ground that it threatened the arbitral process in India.

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Conflict of Laws

JULY 14, 2022

Judicial mediation is a unique dispute resolution mechanism in Chinese civil procedure. Wherever civil disputes are brought to the court, the judge should, based on parties’ consent, mediate before adjudicating. Zilin Hao, Anjie Law Firm, Beijing, China. This document is called ‘judicial mediation settlement’ in this note.

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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. A choice of court agreement in a bill of lading which is agreed by the carrier and shipper and transferred to a consignee, or third-party holder is a ubiquitous example.

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Legal Research is Easy

MAY 11, 2025

As it turns out, there is - but I didn't know that until later in my career as a law librarian. Years later when I was developing a 15-week series for a Legal Research and Writing class for a law school, I finally learned the difference between codes and statutes. STATUTES are the individual laws within the code.

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Conflict of Laws

JANUARY 22, 2024

Transsaqui SL , arises from a reference for a preliminary ruling of the Supreme Court of Spain (Tribunal Supremo). There, the Court held that private enforcement of cartel damages claims could be directed both at the parent company and its subsidiaries. This case, C-632/22 – AB Volvo./. EUR 25,000.- plus interest and costs.

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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. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

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Conflict of Laws

JULY 9, 2021

(This post is provided by Zeyu Huang, who is an associate attorney of Hui Zhong Law Firm based in Shenzhen. Mr. Huang obtained his LLB degree from the Remin University of China Law School. He is also a PhD candidate & LLM at the Faculty of Law in University of Macau.

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Conflict of Laws

AUGUST 20, 2021

Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. Although they are often referred to as uniform procedures, both leave numerous elements to the discretion of the Member States’ national laws.

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Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]

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Conflict of Laws

FEBRUARY 21, 2023

The free movement of people within the European judicial space and the integration of third-country nationals has created a considerable number of multinational family structures, that give rise to a significant number of legal disputes, leading to complex conflict of law issues. Evdoxia Kiouptsidou-Stratoudaki.

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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. Court’s answer and its findings.

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Conflict of Laws

NOVEMBER 13, 2021

Mr Ting Liao, PhD candidate at the Wuhan University Institute of International Law, published a note on the Chinese Smart Court , which attracted a lot of interest and attention. We have responded a few enquires and comments, some relating to the procedure and feasibility of virtual/remote hearing.

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