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Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

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.

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Limitation Period for Enforcement of Foreign Judgments: Australian Court Recognized and Enforced Chinese Judgment Again

Conflict of Laws

9] While the statute of limitations for enforcement is a two-year period for creditors to apply to the court for execution based on a successful and legal effective document, which is provided in Civil Procedural Law of China and deemed as a procedure issue. Candidate, Institute of International Law, Wuhan University. [1]

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2023: Abstracts

Conflict of Laws

Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. The new law contains 49 arbitration-related provisions and replaces the Law No. Pursuant to Art.

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China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

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 ). These provisions track Articles 7-9 of the U.N.

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Conflict of Laws - Untitled Article

Conflict of Laws

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023.

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Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts. Like other Asian and African countries, Indonesia experiences legal pluralism, due to its history of Dutch colonialism and a form of apartheid.

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Final Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

Our sincere thanks go to all involved, not only at the conference and in the book project, but also to the legal scholars from around the world who have kept us constantly informed about publications of their own work on the HCCH 2019 Judgments Convention. International Law – A Practical Manual [Working Title], London 2022, pp.