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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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China’s Draft Law on Foreign State Immunity—Part II

Conflict of Laws

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. In December 2022, Chinese lawmakers published a draft law on foreign state immunity , an English translation of which is now available. These provisions generally follow the U.N. Convention.

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Chinese Judicial Practice on Asymmetric Choice of Court Agreements in International Civil & Commercial Disputes

Conflict of Laws

Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. Chen Jianbao , Beijing Fourth Intermediate Peoples Court pointed out that CPL allows parties to a contract the right to select the court by agreement, which reflects party autonomy in civil procedure law.

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A Major Amendment to Provisions on Foreign-Related Civil Procedures Is Planned in China

Conflict of Laws

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

Conflict of Laws

Building on the comments, the present article authored by the members of the Marburg Group focuses on the main points of critique and considers the present state of discussion on the proposed Regulation. The new law contains 49 arbitration-related provisions and replaces the Law No. A reshaping of Art. Pursuant to Art.

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The Development of forum non conveniens in the Chinese Law and Practice

Conflict of Laws

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.

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Report of the Oxford Conference on “Characterisation in the Conflict of Laws”

Conflict of Laws

Professor Martin Gebauer (University of Tbingen) explored three main themes: striking parallels in time and content, strong contrasts, and finally the tensions in characterisation. Langille argued for an alternative distinction between substance and procedure based on the nature of private rights.

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