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

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. The latest amendments to the Civil Procedure Law in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions. 276, para.

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Conflict of Laws

MARCH 6, 2025

Comprising 23 articles, the Law represents a landmark change in Chinas foreign state immunity doctrine from absolute to restrictive immunity. These papers are available online for freejust click and save them to your preferred device! You can find all past issues of the OULR in the Osaka University Journal Repository.

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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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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

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

APRIL 13, 2023

The different characterization of limitation as a procedural or substantive issue adds more to the complexity. The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law. Interestingly, the Singapore Court of Appeal in BBA v.

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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 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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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

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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Conflict of Laws

OCTOBER 3, 2024

Broadly speaking, indirect jurisdiction refers to the jurisdiction of the foreign court in the context of recognizing and enforcing foreign judgments. Concretely, the court being asked to recognize and enforce a foreign judgment evaluates whether the foreign court had proper jurisdiction to hear the dispute. I (2017) 151.)

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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

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

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

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

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

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

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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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

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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The Crime Report

JULY 22, 2021

Most bizarrely, in 2007, a Kansas court allowed a defendant to plead guilty to “attempted second-degree unintentional murder” even though the court acknowledged that “no such crime existed.”. According to Johnson, three types of lies are used during plea bargaining: lies about facts, lies about law, and lies about process.

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Conflict of Laws

APRIL 29, 2025

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. The court ordered Google to restore Tsargrads account or suffer a compounding monetary penalty. As a result, there is little U.S.

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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 22, 2022

Carlos Santaló Goris, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. Against this background, the French court found that creditors who could apply for an EAPO were in a more advantageous position than those who could not.

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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. candidate at the University of Luxembourg, offers a summary and a compelling analysis of the Luxemburgish domestic legislation regarding the EPO and EAPO Regulations.

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Procedural Law Laws Court 98

Conflict of Laws

FEBRUARY 5, 2021

Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. The first legislative implementation of the EAPO Regulation in the Czech national law. This can result in challenges for the courts of other Member States searching the information.

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Conflict of Laws

DECEMBER 15, 2021

This is especially so given that “external” conflict of laws rules seem to sometimes guide “internal” conflict of laws cases. [8] In a not so distant and colonial past, there were multiple “internationalized” or mixed courts in various regions and nations. The last such mixed court only closed its doors in 1980. [9]

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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

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 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

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

APRIL 29, 2021

I allow myself to pick up a few elements from this fascinating interview in the following for our international audience: The Tenth Panel functions as a court of first appeal ( Berufungsgericht ) in patent nullity proceedings and as a court of second appeal for legal review only ( Revisionsgericht ) in patent infringement proceedings.

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Conflict of Laws

JUNE 10, 2021

. & Wenliang Zhang (Associate Professor, Renmin University of China Law School). and foreign court to have considered the adequacy of the Chinese judicial system in the context of judgments recognition. The agreement was governed by Chinese law and provided that suits could be resolved by courts in Beijing.

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Conflict of Laws

APRIL 1, 2025

The news about the Supreme Peoples Court of the Peoples Republic of China issuing the Notice on Procedural Matters Related to Civil Cases Involving Foreign State Immunit y has been previously reported on this blog. Her post was originally published on the Supreme Peoples Court Monitor.

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