Conflict of Laws

OCTOBER 12, 2022

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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Court Procedural Law Laws Legal 98

Conflict of Laws

JULY 2, 2024

(drafted by Liu Zuozhen and revised by Tu Guangjian) In recent years, China has put much emphasis on foreign-related rule of law. China’s top legislature has prioritized and made significant progress in foreign-related legislations across various legal domains, including civil, commercial, economic, administrative, and procedural laws.

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Conflict of Laws

JULY 29, 2022

the Max Planck Institute Luxembourg for Procedural Law, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius. The interaction between the EFFORTS Regulations and national enforcement procedures. Registration is compulsory. More information is available here.

Procedural Law 52

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Conflict of Laws

MARCH 16, 2025

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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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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Drafting Contract Tort Litigation 52

Conflict of Laws

DECEMBER 4, 2021

The quarterly “Polish Civil Procedure” (“Polski Proces Cywilny”) just published a special issue on international procedural law and private international law. The issue is entirely devoted to international family law. In addition to the print, the contributions contained in this issue are available online.

Family Law 40

Family Law Procedural Law Laws Drafting 40

ClimateChange-ClimateLaw

DECEMBER 12, 2023

The mere admissibility of the lawsuit is a victory in itself, given that German environmental law – at least in its express wording – does not give environmental associations the right to sue for the implementation of immediate action programs under the CCA. That incentive function would then be gone.

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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.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Nor do we want to add to the lively discussion on the choice-of-law- aspects regarding civil liability (see, amongst others, van Calster , Ho-Dac , Dias and, before the Proposal, Rühl ).

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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. The new law contains 49 arbitration-related provisions and replaces the Law No.

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Procedural Law Court Legal Legal 69

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.

Legal Research 56

Legal Research Drafting Legal Legal 56

Conflict of Laws

JUNE 2, 2022

There are general, non PIL-specific inconsistencies in the adopted criteria, in light of the relative , not absolute thresholds of the Directive, which as currently drafted aims at also covering medium-sized enterprises only if more than half of the turnover is generated in one of the high-impact sectors.

Drafting 40

Drafting Diligence Laws Procedural Law 40

Conflict of Laws

JUNE 29, 2023

Freitag: More Freedom of Choice in Private International Law on the Name of a Person! The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedural laws ( Justizkonflikt) between the United States and Germany. The Court answered this question in the affirmative.

Tort 52

Tort Court Procedural Law Laws 52

Conflict of Laws

SEPTEMBER 12, 2022

On 9 September 2022, the Max Planck Institute for Procedural Law Luxembourg hosted a conference on the Brussels Ibis Reform, in collaboration with the KU Leuven and the EAPIL. The Brussels Ibis Regulation is certainly the fundamental reference-instrument of cross-border judicial cooperation in civil matters within the European Union.

Procedural Law 40

Procedural Law Drafting Court Laws 40

Conflict of Laws

DECEMBER 13, 2023

According to Article 1 of the law, the FSIL aims to “to protect the lawful rights and interests of litigants, to safeguard the equality of state sovereignty, and to promote friendly exchanges with foreign countries.” Article 20 of the FSIL extends this principle to issues of foreign state immunity more generally.

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Conflict of Laws

APRIL 1, 2025

Langille argued for an alternative distinction between substance and procedure based on the nature of private rights. The adjudication process through which that determination is made should be subjected to the lex fori as the law of the community. She exemplified her views by reference to statutes of limitation.

Laws 45

Laws Family Law Legal Legal 45

Conflict of Laws

AUGUST 23, 2023

Thus, in the Indonesian legal system, there is an interplay of civil law, which is inherited from the Dutch East Indies, adat (customary law), and Islamic law. It was especially fascinating to me to discover here that the Indonesian language is usually a legal requirement for drafting contracts involving Indonesians.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

MAY 20, 2024

Article 29(7) CSDDD states that ‘Member States shall ensure that the provisions of national law transposing’ Article 29 CSDDD ‘are of overriding mandatory application in cases where the law applicable to claims to that effect is not the national law of a Member State’. This disclosure must adhere to national procedural laws.

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Diligence Litigating Litigation Laws 80

Paralegal Bootcamp

NOVEMBER 17, 2023

She teaches legal courses at McEwen such as Legal Information and Management Procedures, Legal Drafting, Legal Documents 1 and 2, Technology for Paralegals, Legal Research, Business Communication, and the Paralegal Studies Capstone Program. Reasonably so. Uh, but there’s really nothing about legal education of paralegals.

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Paralegal Paralegals Paralegal Studies Education 147

Conflict of Laws

MAY 17, 2022

American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. The following comments first recall the role of restatements in American law.

Contract 40

Contract Legal Legal Court 40

Conflict of Laws

MAY 26, 2021

First, Shell stated that the claimants abused procedural law, because the claims against Royal Dutch Shall were ‘obviously bound to fail and for that reason could not serve as a basis for jurisdiction as provided in art. 6a, enabling a choice of law for victims of business-related human rights violations. 7(1) DCCP’ (at [3.1]

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Litigating Litigation Laws Court 52

Conflict of Laws

DECEMBER 16, 2020

This report has been prepared by Priyanka Jain , a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. On 8-9 October 2020, ERA – the Academy of European Law – organized its Annual Conference on European Consumer Law 2020. Introduction: .

Laws 52

Laws Legal Secretary Litigating Litigation 52

InHouseOps

JUNE 13, 2022

They are uniquely positioned to negotiate the clause considering the types of disputes they have seen in the past and can draft accordingly. By selecting the ICDR’s arbitration rules and administration, they also know the consistent policies and procedures that will be followed by the administrator should a dispute arise.

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Punitive Damages Healthcare Drafting Technology 52

Conflict of Laws

JANUARY 24, 2021

Article 7 Rome II on the law applicable to non-contractual obligations arising from environmental damage embodies the so-called “theory of ubiquity” and confers the prerogative of the election of the applicable law to the “weaker” party (the environmental victim).

Laws 40

Laws Litigating Litigation Legal 40

Conflict of Laws

MAY 17, 2024

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. 30] Draft Statutory Instruments 2024 No. Regulations 2024 (“Draft Guidelines”). Court of Session). [35]

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Drafting Government Legal Legal 64

Conflict of Laws

APRIL 25, 2025

Based on this comparison, they deduced that as long as AI is merely used for assistance with the awards drafting (even if its use was undisclosed), the award will likely stand. While Hemler found possibly affected principles of German procedural law to be publicity, immediacy and orality, he assessed that their violation can be avoided.

Laws 64

Laws Legal Legal Court 64

Conflict of Laws

SEPTEMBER 14, 2023

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 ). This provision also follows the U.N. but not to “rulings.”

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Drafting Court Laws Tort 49

Conflict of Laws

FEBRUARY 17, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

APRIL 20, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

NOVEMBER 23, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

JANUARY 11, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

DECEMBER 7, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

FEBRUARY 16, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

JUNE 21, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

Drafting 40

Drafting Laws Litigating Litigation 40

Conflict of Laws

AUGUST 31, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

Drafting 40

Drafting Laws Litigating Litigation 40

Conflict of Laws

MARCH 22, 2022

To date, Paraguay is the only country to have implemented into its national law the Hague Principles on Choice of Law in International Commercial Contracts. Unlike the Principles, however, Law No.

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

SEPTEMBER 28, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31.

Drafting 40

Drafting Laws Litigating Litigation 40