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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JURIST

SEPTEMBER 20, 2021

The post India dispatches: CJI calls for ‘Indianisation’ of ‘colonial’ justice system appeared first on JURIST - News - Legal News & Commentary.

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Conflict of Laws

JANUARY 27, 2022

This article examines the Italian doctrine of ‘negotiation of ascertainment’ ( negozio di accertamento ), by means of which the parties put an end to a legal dispute by determining the content of their relationship by mutual consent. Cristina M.

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Conflict of Laws

DECEMBER 15, 2020

The Minerva Center for Human Rights at Tel Aviv University will host an international socio-legal (zoom-) workshop on 22-23 June 2021 to explore the impact of the Covid-19 crisis and its regulation on cross-border families: Cross-border families (also known as transnational and globordered families) are a growing and diverse phenomenon.

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Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

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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. Legal details remained largely under the radar.

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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).

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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.

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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

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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. Such a provision on forum non conveniens caused four problems in practice.

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Conflict of Laws

OCTOBER 1, 2024

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. The court arrived at this conclusion through a comprehensive analysis of three broad legal principles. The judgment was predicated on a liberal understanding of S.9

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Conflict of Laws

MARCH 22, 2021

From the preface (in English) by Hans van Loon (former Secretary General of the Hague Conference on Private International Law (HCCH)) : . Her starting point is the Chinese concept of “regional pluralism of legal systems”. Global issues should preferably [be] solved globally.

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Conflict of Laws

AUGUST 23, 2023

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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Conflict of Laws

OCTOBER 3, 2024

The term “indirect” distinguishes this concept from its legal opposite: direct jurisdiction. Indeed, despite the legal reform introduced in 2018 (see infra ), UAE courts have continued to adhere to their stringent approach to indirect jurisdiction. However, as the case reported here shows this might no longer be the case.

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Conflict of Laws

OCTOBER 27, 2021

Mr. Jie Shi, the legal intern at the Hui Zhong Law Firm Shenzhen Office, made contributions to the post.). The procedures of recognition and enforcement of judgments shall be governed by the domestic law of the requested party, and the court of the requested party shall not conduct a substantial review of the foreign judgment.[12]

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LexForti

JANUARY 29, 2022

This post has been authored by Mridul Sinha, who is associated to Dharmashastra National Law University, Jabalpur, Madhya Pradesh. The legal philosophers ponder over the most debated distinction between Is and Ought. But here, Austin’s theory is saying that what law ‘Ought’ to be and not what law is. Mridul Sinha.

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Conflict of Laws

NOVEMBER 13, 2021

1] In the same year, the SPC published the Civil Procedural Law Interpretation, which states that the parties can make agreement on the form of hearing, including virtual hearing utilizing visual and audio transfer technology. Certainly, there is no legal restriction preventing public access to the hearing. [9] Public hearing.

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Conflict of Laws

SEPTEMBER 14, 2023

Article 5 further provides that a foreign state participating as a plaintiff or third party waives immunity from counterclaims arising from the same legal relationship or facts. Supreme Court has held that issuing foreign government bonds is a commercial activity, even if done for a sovereign purpose. Applying this definition, the U.S.

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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. The Shell’s contentions were twofold. 7(1) DCCP’ (at [3.1] in the 2015 ruling). 1659 (2013), as well as Lubbe v.

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InHouseOps

JUNE 13, 2022

First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice. And some also have a legal background. Ours are not just lawyers. Some are scientists. Some are PhDs. So it has to be in a New York Convention country.

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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. 5 Brussels Ia Regulation and Art.

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Conflict of Laws

OCTOBER 28, 2022

In the meantime, the regulation has become one of the most important legal instruments for judicial cooperation in civil matters. Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. It argues for the application of the law of the state where the register is kept. A look at Art.

Contract 52

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Conflict of Laws

JUNE 10, 2021

The agreement was governed by Chinese law and provided that suits could be resolved by courts in Beijing. To the contrary, a prior New York state court decision held that “the Chinese legal system comports with the due process requirements,” Huizhi Liu v. Its procedures and decision were recognisably judicial.”

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Conflict of Laws

AUGUST 12, 2024

Sandra Hadrowicz: Natural Restitution in a Comparative Legal Perspective – An Underappreciated Remedy or an Unnecessary Relic?, 278–306, DOI: [link] Natural restitution is one of the permissible methods for remedying damage in numerous legal orders. In some countries (e. In others (e.

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Conflict of Laws

APRIL 29, 2021

I allow myself to pick up a few elements from this fascinating interview in the following for our international audience: The Tenth Panel functions as a court of first appeal ( Berufungsgericht ) in patent nullity proceedings and as a court of second appeal for legal review only ( Revisionsgericht ) in patent infringement proceedings.

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Conflict of Laws

SEPTEMBER 1, 2022

In cross-border proceedings, service of legal documents poses particular problems, which are addressed by the European Regulation on the Service of Documents. The article provides criteria to determine whether the close connection rule in Article 4(3) Regulation Rome II can lead to the application of the law governing the contract.

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Conflict of Laws

DECEMBER 19, 2022

By comparing these two options the author deals with the legal nature of the European account preservation order and with the subtleties of enforcement under the EAPOR. Roth: The „relevance (to the initial legal dispute)“ of the reference for a preliminary ruling pursuant to Article 267 TFEU. 2 Brussels Ia. 36 (1) No. Steinbrück/J.F.

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Conflict of Laws

APRIL 29, 2021

I allow myself to pick up a few elements from this fascinating interview in the following for our international audience: The Tenth Panel functions as a court of first appeal ( Berufungsgericht ) in patent nullity proceedings and as a court of second appeal for legal review only ( Revisionsgericht ) in patent infringement proceedings.

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Conflict of Laws

APRIL 26, 2021

At 11pm (GMT) on 31 December 2020, the United Kingdom moved out of its orbit of the European Union’s legal system, with the end of the transition period in its Withdrawal Agreement and the conclusion of the new Trade and Cooperation Agreement. Voß: Qualifying Direct Legal Claims and culpa in contrahendo under European Civil Procedure Law.

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Conflict of Laws

FEBRUARY 26, 2025

It presents newly adopted legal instruments and summarises current projects that are making their way through the EU legislative process. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Such a court decision can be recognised in Germany under procedural law.

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Conflict of Laws

MAY 27, 2024

However, Article 25(1) of the Brussels Ia Regulation applies the law of the chosen forum ( lex fori prorogatum ) including its choice of law rules to the issue of the substantive validity of a choice of court agreement (‘unless the agreement is null and void as to its substantive validity under the law of that Member State’).

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Conflict of Laws

JUNE 16, 2024

However, as I have learned more about the procedural history preceding the decisions of the Dubai Supreme Court (“DSC”), which was not available to me when I posted my previous comment, greater emphasis will be placed on the general factual background of the case. Therefore, it deserves special attention. Second Appeal: DSC, Appeal No.

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Conflict of Laws

JUNE 27, 2022

They include international jurisdiction agreements, contracts creating an exception in European law, to generally prohibited contracts, and contracts providing the use of European Trademarks and other European rights valid even against third persons. That law is particularly concerned about its effectiveness, if needed by a creative approach.

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Conflict of Laws

JANUARY 3, 2025

Kahl: Security for legal costs before the Unified Patent Court compared to German and Austrian law (on UPC, Central Division Munich of 30 October 2023, UPC_CFI_252/2023) (German) The article takes a decision of the Unified Patent Court (UPC) as an opportunity to examine the discretionary provision on security for costs, Art.

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Conflict of Laws

JANUARY 17, 2023

F Farrington, “A Return to the Doctrine of Forum Non Conveniens after Brexit and the Implications for Corporate Accountability” On 1 January 2021, the European Union’s uniform laws on jurisdiction in cross-border disputes ceased to have effect within the United Kingdom.

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Conflict of Laws

FEBRUARY 17, 2021

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Beaumont, Paul. Beaumont, Paul R. Blom, Joost. Xu, Guojian.

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Conflict of Laws

AUGUST 31, 2021

The following comment is also featured: Rebekka Monico , Research fellow at the University of Insubria, La disciplina europea sul Geo-blocking e il diritto internazionale privato e processuale (The EU Geo-Blocking Regulation and Private International and Procedural Law). vii-485.

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