JURIST

JUNE 4, 2022

Apart from the state of emergency, the legislative assembly has also amended criminal and procedural law to increase prison terms to up to 45 years for offenses related to organized crime. Human rights organizations have raised the alarm about massive human rights violations in the country.

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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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JURIST

SEPTEMBER 27, 2024

Japan’s Shizuoka District Court aquitted 88-year-old Iwao Hakamata on Thursday in a retrial, overturning his conviction after spending 48 years on death row. In 1980, his death sentence was finalized by the Supreme Court of Japan. In 1981, he requested a retrial.

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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

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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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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SCOTUSBlog

MARCH 6, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. Once again this week, the Supreme Court has been busy sifting through the relists. And the court denied review of a petition raising a First Amendment challenge to university bias-response teams.

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SCOTUSBlog

NOVEMBER 2, 2022

Arizona , the justices considered whether a state procedural rule prevents John Cruz, who was sentenced to death, from obtaining relief on his federal due-process claim in state post-conviction. To answer this question, the court must determine if Arizona Rule of Criminal Procedure 32.1(g) The jury returned a death sentence.

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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 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

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

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

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

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

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

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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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 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

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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Laws Procedural Law Court Legal 52

Conflict of Laws

SEPTEMBER 20, 2024

Since its foundation in 1926, the Max Planck Institute in Hamburg (or its predecessor) has continuously published the collection of PIL decisions by German courts. The decisions are boiled down to their private international law aspects and categorized according to subject matter. New decisions are continually being incorporated.

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Conflict of Laws

MAY 3, 2024

During his youth, as Erik mentioned once, he would use his exceptionally broad knowledge on art and any aspect of culture that crossed his mind to draw his tennis partners into sophisticated conversations on the court.

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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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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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Paralegal Paralegals Laws SQE 103

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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Litigating Litigation Laws Court 52

Conflict of Laws

DECEMBER 4, 2022

LIN Jidong, Wuhan University Institute of International Law. Regulation 2022 generally authorises all the grass-roots courts to hear foreign-related disputes (Art. 1) and limits the jurisdiction of intermediate and higher courts (Art. Nowadays, most intermediate courts have the jurisdiction to hear foreign-related disputes.

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Conflict of Laws

NOVEMBER 2, 2021

The central topic of the present issue (Focus) is further elaborated by the contributions of Professor Spyros Tsantinis on the importance of private autonomy in European and international procedural law, and of Dr. Konstantinos Voulgarakis on the protection mechanisms in the case of choice of court agreements.

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Conflict of Laws

JANUARY 13, 2023

The urgency of the matter has compelled the Court to submit the case, at the request for the referring court, to the urgent preliminary ruling procedure provided for in Article 107 of the Rules of Procedure of the Court of Justice.

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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. With modernity and globalization has come the search of ways to ensure the ‘deconflictualisation’ of social and economic relations and solve conflicts arising out of them. Cristina M.

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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

NOVEMBER 16, 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 some aspects of a judgment concerning the EAPO Regulation rendered by the District Court of Žilina (Okresný súd Žilina), Slovakia.

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Procedural Law Court Legal Legal 52

Conflict of Laws

OCTOBER 27, 2021

The recognition and enforcement of French civil and commercial judgments in China is generally regulated by Articles 281 and 282 of the People’s Republic of China (PRC) Civil Procedure Law as amended in 2017 (hereinafter “ PRC CPL ”). Major Provisions under the France-China Agreement.

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