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.

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Procedural Law Laws Litigation Litigating 59

Conflict of Laws

OCTOBER 14, 2024

Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil Procedure Law (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes. npc/c2/c30834/202112/t20211227_315637.html> html> accessed 13 October 2024. [2]

Procedural Law 64

Procedural Law Litigation Litigating Laws 64

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.

Drafting 52

Drafting Contract Tort Litigation 52

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 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.

Drafting 49

Drafting Court Laws Government 49

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 ).

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

MARCH 22, 2022

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. Even after the Supreme Court’s dismantling of the Alien Tort Claims Act jurisdiction remains possible, though everything depends on the circumstances. Unlike the Principles, however, Law No.

Contract 8

Contract Tort Litigation Litigating 8