JURIST

FEBRUARY 9, 2021

.” The formal arrest comes six months after Lei was first taken into custody under controversial Chinese detention laws. Cheng was detained by Chinese authorities in August under Residential Surveillance at a Designated Location (RSDL), provided for by China’s Criminal Procedure Law.

Procedural Law 104

Procedural Law Lawyer Lawyers Laws 104

Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? 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. Choice of Law Issue: Lex Rei Sitae = Lex Furti ? Email: zhengxinh@cupl.edu.cn.

Laws 98

Laws Court Contract Legal 98

The Estrin Report

JANUARY 28, 2021

o The federal government, finance, and insurance sectors pay the most, with a median income above $84,000 per year. o Limited ceiling – you very likely never will be the boss of a law firm if you do not have a law degree. o 80% of paralegals and legal assistants earn between $32-82,000. By Aline Martin O’Brien!

Paralegals 130

Paralegals Paralegal Legal Assistance Legal Assistant 130

The Estrin Report

JANUARY 28, 2021

o The federal government, finance, and insurance sectors pay the most, with a median income above $84,000 per year. o Limited ceiling – you very likely never will be the boss of a law firm if you do not have a law degree. o 80% of paralegals and legal assistants earn between $32-82,000. By Aline Martin O’Brien!

Paralegals 130

Paralegals Paralegal Legal Assistance Legal Assistant 130

JURIST

DECEMBER 20, 2023

A protest began, led by opposition parties seeking a statement from the government. Lok Sabha Speaker Om Birla invoked rules 373, 374 and 374A of Rules of Procedure and Conduct of Business in Lok Sabah , instructing marshals to evict the protesting lawmakers. Wednesday, the Los Sabha passed some of these criminal reform laws.

Criminal Law 104

Criminal Law Procedural Law Government Laws 104

Conflict of Laws

OCTOBER 12, 2022

On 9 August 2021, after discovering the defendant’s property clues, TYM filed an application for recognition and enforcement of the Chinese judgment with the Supreme Court of NSW pursuant to Australia’s common law principles. Applicable Law to Limitation Period for Enforcement. In TYM v Ms.

Court 98

Court Procedural Law Laws Legal 98

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. 10] However, the precise extent required remains to be determined.

Procedural Law 64

Procedural Law Litigating Litigation Laws 64

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

JURIST

SEPTEMBER 27, 2024

Critics argue that retrial decisions depend heavily on the presiding judge’s discretion because Japanese criminal procedural law offers minimal guidance on retrial procedures, which undermines the constitutional protection against double jeopardy under Article 39 of Japan’s Constitution.

Court 104

Court Procedural Law Government Laws 104

JURIST

SEPTEMBER 20, 2021

The Supreme Court of India alone has around 70,000 pending cases and the reason for the same is the wide power of judicial review given to High Courts as well as the Supreme Court, which turns them more into courts of appeal (deciding the rights of litigants) than actual constitutional courts (laying down the law).

Litigating 146

Litigating Litigation Court Divorce 146

Conflict of Laws

JULY 6, 2022

On 23 June 2022, the Lisbon Guidelines on Privacy , drawn up by the ILA Committee on the Protection of Privacy in Private International and Procedural Law , were formally endorsed by the International Law Association at the 80th ILA Biennial Conference, hosted in Lisbon (Portugal). Burkhard Hess chaired the Committee, and Prof.

Laws 52

Laws Procedural Law Legal Legal 52

LexForti

JANUARY 29, 2022

This post has been authored by Mridul Sinha, who is associated to Dharmashastra National Law University, Jabalpur, Madhya Pradesh. Before putting forward both the aspects of Ought Law, at first we ‘ought’ to be clear in the conception regarding what is Is Law and ‘Ought’ Law. Mridul Sinha. Introduction.

Laws 52

Laws Legal Legal Constitutional Law 52

Conflict of Laws

DECEMBER 15, 2020

Likewise, such a crisis involves risk regulation and, in the current case, also plague governance —involving intense emergency regulative changes made by different nation-states that might both reveal and challenge deeply shared norms regarding familial rights and national interests. Yuko Nishitani, Kyoto Univiertys Law School.

Law School 98

Law School Legal Legal Legal Research 98

Conflict of Laws

JANUARY 27, 2022

Mariottini (Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law), The Singapore Convention on International Mediated Settlement Agreements: A New Status for Party Autonomy in the Non-Adjudicative Process. Cristina M. Observatory on Legislation and Regulations.

Technology 98

Technology Legal Legal Government 98

Conflict of Laws

MARCH 22, 2021

Readers of this blog may be interested in the book (in Chinese) entitled, The Development and Perfection of Chinese Inter-Regional Conflict of Laws: From the Perspective of the Achievements of Hague Conference on Private International Law. The development of Chinese inter-regional conflict of laws and HCCH achievements, 2.

Laws 52

Laws Legal Legal Procedural Law 52

Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

AUGUST 12, 2024

And indeed, limited liability has been continuously provided for in the corporate (and limited partnership) laws of western jurisdictions since the 19th century. Or, conversely, does it represent an obsolete or unnecessary element of compensation law? 26 is to apply (once and for all).

Laws 59

Laws Legal Legal Procedural Law 59

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.

Court 75

Court Legal Legal Real Estate 75

Conflict of Laws

JANUARY 17, 2023

The third issue for the Journal of Private International Law for 2022 was published today. This article will consider how the law applicable to the proprietary issues of crypto-assets should be determined. Indonesian civil procedure law recognises choice of court agreements made by contracting parties.

Laws 40

Laws Contract Court Procedural Law 40

Conflict of Laws

SEPTEMBER 4, 2023

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. However, in this article, the author takes the opposite view.

Procedural Law 69

Procedural Law Court Legal Legal 69

Conflict of Laws

MAY 27, 2024

Effectively, this is a context specific harmonised approach to developing substantive contract law rules to regulate the effectiveness of choice of court agreements. In similar vein, the CJEU has developed its case law as to when a third party may be deemed to be bound by or derive benefit from a choice of court agreement.

Court 59

Court Contract Laws Contract Law 59

Conflict of Laws

MAY 16, 2022

Legal and Political Economics in Comparative Perspective: the Case of Corporate Law. Hardly another area of the law has seen as much interest in comparative analysis as corporate law, in particular the publicly traded corporation. 327–363, DOI: 10.1628/rabelsz-2022-0029. Legal details remained largely under the radar.

Procedural Law 52

Procedural Law Legal Legal Finance 52

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. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0 Brussels Ibis, Rome I-II etc.),

Drafting 64

Drafting Government Legal Legal 64

Conflict of Laws

MAY 26, 2021

Though decided almost four months ago, the case merits discussion of several private international law aspects that will perhaps become one of the milestones in the broader context of liability of parent companies for the actions of their foreign-based subsidiaries. Application of (substantive) Nigerian law. Substantive law.

Litigating 52

Litigating Litigation Laws Court 52

Conflict of Laws

JANUARY 3, 2025

Thomale: Ipso facto clauses in cross-border cases (German) Ipso facto clauses or bankruptcy clauses present a controversial problem to both contract law and insolvency law. While the parties had chosen Dutch law to be applicable to the contract, the court held that the German provision was applicable in view of Art.

Notary Public 59

Notary Public Contract Laws Court 59

Conflict of Laws

APRIL 27, 2023

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. In a prior post , I looked at the draft law’s provisions on immunity from suit.

Drafting 40

Drafting Laws Court Litigating 40

Conflict of Laws

OCTOBER 1, 2024

By Ananya Bhargava, Jindal Global Law School, OP Jindal Global University, India. The ADA included an Arbitration clause with New Delhi as the venue of arbitration and the Arbitration and Conciliation Act, 1996 declared as the governing law.

Court 69

Court Prima Facie Case Laws Legal 69

Conflict of Laws

APRIL 26, 2021

Dickinson: Realignment of the Planets – Brexit and European Private International Law. The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. The payment of such road tolls can be organized either under public or under private law.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. The European Union rules on the law that applies to liability for environmental damage, are an outlier in the private international law agenda. van Calster: Lex ecologia.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

MAY 20, 2024

The Directive will apply to big EU companies (generally those with more than 1,000 employees and a worldwide turnover of more than EUR 450 000 000) but also to companies established under the law of a third country that meet the Directive’s criteria (Article 2 CSDDD). As was mentioned above, the CSDDD is mostly silent on PIL.

Diligence 80

Diligence Litigating Litigation Laws 80

Conflict of Laws

OCTOBER 27, 2021

(This post is provided by Zeyu Huang, who is an associate of Hui Zhong Law Firm based in Shenzhen. degree from the Renmin University of China Law School. at the Faculty of Law in University of Macau. Mr. Jie Shi, the legal intern at the Hui Zhong Law Firm Shenzhen Office, made contributions to the post.).

Divorce 52

Divorce Procedural Law Court Laws 52

Conflict of Laws

OCTOBER 28, 2022

Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. As a result of two recent reforms the German private international and procedural laws applicable to adoptions have changed quite substantively. It argues for the application of the law of the state where the register is kept.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

JUNE 27, 2022

Wolfram: Achmea – neglecting of international public law – some afterthoughts. It intends instead to throw some light on the rules of public international law on the termination of international treaties, which have not fully been taken into account by those who attempted to implement the Achmea judgment. Heiderhoff/E.

Contract 40

Contract Procedural Law Legal Legal 40

Conflict of Laws

DECEMBER 27, 2024

Introduction Foreign family law decisions can be recognized, and where necessary, enforced in Japan if they meet the prescribed requirements for this purpose. Prior to 2018, it was an establish practice to apply the same recognition and enforcement regime used for civil and commercial matters to foreign family law decisions.

Family Law 49

Family Law Court Divorce Laws 49

Conflict of Laws

OCTOBER 3, 2024

Encyclopedia of Private International Law – Vol. Conflict of Laws in a Globalized World (2007) 35). This was reaffirmed in [……] in [the new] Article 222 of the Civil Procedure Law issued by Federal Decree-Law No. Therefore, the ruling misapplied the law and should be overturned.”

Court 75

Court Legal Legal Laws 75

Conflict of Laws

JULY 5, 2021

Choice of law by the testator is particularly important and a notary should point not only at the present situation, but also at possible developments in the future. The position of the surviving spouse under § 1371 BGB in German law has become a highly debated subject and here the aspect of free movement of persons is highlighted.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

AUGUST 31, 2021

It features: Christian Kohler , Honorary Professor at the University of Saarland, Limiting European Integration through Constitutional Law? Recent Decisions of the German Bundesverfassungsgericht and their Impact on Private International Law (in English).

Laws 52

Laws Procedural Law Court Constitutional Law 52