Conflict of Laws

SEPTEMBER 21, 2023

Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. Since then, it had undergone four revisions in 2007, 2012, 2017, and 2021. Jurisdiction 2.1

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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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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

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

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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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

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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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 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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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. Judges, attorneys, pro se litigants - all use the terms interchangeably and they all sound like tourists. Of that, the Code of Civil Procedure (CCP), is the code for civil procedural law in California.

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Conflict of Laws

JULY 9, 2021

When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.

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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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Conflict of Laws

DECEMBER 12, 2020

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. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn.

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Conflict of Laws

FEBRUARY 16, 2021

Just over ten years after the first edition of Europäisches Zivilprozessrecht (European Civil Procedure) by Burkhard Hess (director Max Planck Institute for Procedural Law, Luxembourg) a second – even more voluminous and impressive – edition was published early 2021.

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Conflict of Laws

DECEMBER 13, 2023

This law heralds a fundamental shift of China’s attitude towards foreign state immunity, from strict adherence to the absolute theory to adoption of the restrictive theory. A report on the draft law also suggests that it is intended to build China’s foreign-related legal system and to promote China’s Belt and Road Initiative.

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SimplyLawJobs

OCTOBER 28, 2021

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. These include the ‘Right of Audience’ which is the right to present your client’s case to the court, and the right to conduct litigation.

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Patently O

MAY 10, 2022

Claim preclusion and issue preclusion are conceptually difficult, but the Federal Circuit has further confused preclusion doctrines in its patent law jurisprudence. In a series of recent decisions, the appellate court improperly created and then expanded upon a separate-and-distinct form of res judicata that it labels the Kessler Doctrine.

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Conflict of Laws

MAY 16, 2022

The Chinese Court Recognizes an English Commercial Judgment for the First Time. Written by Zilin Hao, Anjie Law Firm, Beijing, China. On 17 March 2022, Shanghai Maritime Court of PRC issued a ruling of recognizing and enforcing a commercial judgment made by the English High Court, with the approval of Supreme People’s Court (“SPC”).

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Conflict of Laws

JANUARY 27, 2022

In the XX century, dispute resolution was characterized by the leading role played by State courts: however, this situation has begun to change. Moreover, they propose that research must include consideration of culture, as well as measures to address the needs of self-represented litigants and the most vulnerable. Cristina M.

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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

JUNE 16, 2024

However, as I have learned more about the procedural history preceding the decisions of the Dubai Supreme Court (“DSC”), which was not available to me when I posted my previous comment, greater emphasis will be placed on the general factual background of the case. First Appeal: DSC, Appeal No. Second Appeal: DSC, Appeal No.

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Conflict of Laws

DECEMBER 4, 2022

The Chinese Supreme People’s Court (hereinafter “ SPC “) issued “SPC’s Regulation on Several Matters Concerning the Jurisdiction of Foreign-Related Disputes” (hereinafter “ Regulation 2022 “), [1] which will enter into force on 1st January 2023. Main Content. 2 & Art.

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Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

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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

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

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

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. 276, para.

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Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. The European Union rules on the law that applies to liability for environmental damage, are an outlier in the private international law agenda.

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Conflict of Laws

FEBRUARY 26, 2025

Myriam Hunter-Henin (University College London) delves into La rencontre du droit international priv et du climat : rflexions de mthode au sujet des KlimaSeniorinnen (Private international law encountering climate: methodological reflections on KlimaSeniorinnen ). This solution will have a significant impact on French litigation in this area.

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Conflict of Laws

DECEMBER 19, 2022

The preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) exists to ensure the uniform interpretation and application of EU law. One such condition is that the question referred to the court must be applicable to the decision in the initial legal dispute.

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Conflict of Laws

AUGUST 3, 2023

After all, mandatory application in EU courts is largely irrelevant if courts do not have jurisdiction in the first place. If the remaining alternative is to bring an action in a court outside the EU, the application of the CSDDD civil liability regime is not, however, guaranteed. Common to Arts. 22 (5) CSDDD.

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LettersBlogatory

OCTOBER 2, 2021

More recently, my view that Donziger was pretty obviously guilty of contempt of court, and that Judge Preska was right not to allow him to put on evidence at his trial showing that Judge Kaplan had been biased and had gotten his findings of fact all wrong about what had happened in Ecuador, has not endeared me to Donziger and his partisans.

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Conflict of Laws

JULY 2, 2024

Theimer: The last arrow in the English courts’ quiver? Quasi-anti-suit injunctions’ and damages for breach of exclusive choice of court agreements This article analyses the last instance of failed integration of English common law instruments into the jurisdictional system of the Brussels regime.

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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. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

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Conflict of Laws

AUGUST 19, 2024

Villata , Professor at the University of Milan: Mihail DANOV, Private International Law and Competition Litigation in a Global Context , Hart Publishing, Oxford, 2023, pp. Finally, the issue features the following book review by Francesca C.

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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.

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Conflict of Laws

FEBRUARY 26, 2025

The authors 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. In addition, the article also looks at current projects and the latest developments at the Hague Conference of Private International Law.

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