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).

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SimplyLawJobs

OCTOBER 28, 2021

So, you have completed a law degree and the likelihood may have been that you were considering becoming a solicitor or barrister. Completing a degree would have given you a great foundation knowledge of academic law but in order to be a professional paralegal, you should learn about practice and procedure. Browse jobs.

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Paralegals Paralegal Laws SQE 103

SCOTUSBlog

JANUARY 24, 2025

In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids. Suri countered that the provision merely directs courts to determine, based on the laws structure, who is adversely affected. RJR Vapor filed an application for permission to sell its popular menthol-flavored Vuse brand e-cigarettes.

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Conflict of Laws

JULY 9, 2024

We are pleased to present the newest Commentaries on Private International Law (Vol. 7, Issue 1), the newsletter of the American Society of International Law (ASIL) Private International Law Interest Group (PILIG). The primary purpose of our newsletter is to communicate global news on PIL. This issue has two sections.

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Conflict of Laws

DECEMBER 13, 2023

Written by Wenliang Zhang (Associate Professor at Renmin University of China Law School), Haoxiang Ruan (PhD Candidate at Renmin University of China Law School), and William S. Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law). Dodge (the John D.

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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.

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Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

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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.

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Laws Procedural Law Court Legal 52

Conflict of Laws

MARCH 16, 2025

To the extent allowed by law, the Finance Parties may take concurrent proceedings in any number of jurisdictions. [2] This article gives a glimpse of how Chinese courts handle asymmetric choice of court agreements in international and commercial civil litigations. [4] First, such an agreement itself is not contrary to Chinese law. [13]

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Conflict of Laws

JULY 14, 2022

Zilin Hao, Anjie Law Firm, Beijing, China. In the civil trial proceedings of China, judges are encouraged to carry out mediation on a voluntary and lawful basis, failing which, a judgment shall be rendered forthwith. Two commentors provide different views on this matter. Judicial Mediation Settlement can be classified as ‘Judgment’.

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Laws Procedural Law Court Legal 52

Conflict of Laws

FEBRUARY 16, 2021

Just over ten years after the first edition of Europäisches Zivilprozessrecht (European Civil Procedure) by Burkhard Hess (director Max Planck Institute for Procedural Law, Luxembourg) a second – even more voluminous and impressive – edition was published early 2021.

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Conflict of Laws

OCTOBER 12, 2023

In general, following the procedural law principle of actor sequitur forum rei , the Canadian trust should be brought to court in Canadian courts. 26 Brussels Ia Regulation can be part of a litigation strategy detrimental to the defendant A detailed analysis on the court’s ruling in German is available here. And unlike Art.

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Court Tort Procedural Law Litigating 75

Conflict of Laws

OCTOBER 16, 2021

Written by Marco Farina, Italian lawyer, PhD in Civil Procedural Law at the University La Sapienza of Rome – Adjunct Professor of Civil Procedural Law at the University LUISS of Rome. The Court of Appeal of Rome reasoned under Article 64 (b), of the Italian Act on Private International Law (Law 31 May 1995 no.

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Court Rules Court Procedural Law Laws 98

Conflict of Laws

NOVEMBER 13, 2021

Mr Ting Liao, PhD candidate at the Wuhan University Institute of International Law, published a note on the Chinese Smart Court , which attracted a lot of interest and attention. We have responded a few enquires and comments, some relating to the procedure and feasibility of virtual/remote hearing. Background.

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Court Litigation Litigating Technology 52

Conflict of Laws

APRIL 1, 2025

On 20-21 March 2025, a conference on Characterisation in the Conflict of Laws was convened at St Hildas College, Oxford. This led him to discuss autonomous characterisation and functional comparative law approaches as the third direction through the work of Scipione Gemma and the changed views of Franz Kahn.

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Laws Family Law Legal Legal 45

Conflict of Laws

OCTOBER 1, 2024

of ‘Jie (Jeanne) Huang, Developing Chinese Private International Law for Transnational Civil and Commercial Litigation: The 2024 New Chinese Civil Procedure Law , Netherlands International Law Review (2023).’ For detailed information about this research, please refer to section 5.3.1

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Compensatory Damages Court Punitive Damages Procedural Law 72

Conflict of Laws

JANUARY 27, 2022

Moreover, they propose that research must include consideration of culture, as well as measures to address the needs of self-represented litigants and the most vulnerable. remains the benchmark practice for the development of a model based on the three principles of self-government, government by law, and government by virtue.

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Technology Legal Legal Government 98

Conflict of Laws

DECEMBER 17, 2020

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

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Laws Stare Decisis Legal Legal 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.

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Contract Laws Civil Law Procedural Law 52

Patently O

MAY 10, 2022

Claim preclusion and issue preclusion are conceptually difficult, but the Federal Circuit has further confused preclusion doctrines in its patent law jurisprudence. Of course, the law of judgments remains critically important to both ensure justice and stability. 4] A lot has happened in procedural law 1907.

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Manufacturing Litigating Litigation Procedural Law 58

Conflict of Laws

JANUARY 10, 2022

Julia H örnle, Professor of Internet Law, CCLS, Queen Mary University of London [1]. Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech.

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Tort Litigating Litigation Finance 75

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws. 6] This is wrong.

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Contract Cause of Action Court Laws 98

Conflict of Laws

JULY 9, 2021

(This post is provided by Zeyu Huang, who is an associate attorney of Hui Zhong Law Firm based in Shenzhen. Mr. Huang obtained his LLB degree from the Remin University of China Law School. He is also a PhD candidate & LLM at the Faculty of Law in University of Macau.

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Court Procedural Law Litigating Litigation 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: .

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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. 57 Austrian Code of Civil Procedure. However, in this article, the author takes the opposite view.

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Procedural Law Court Legal Legal 69

Conflict of Laws

FEBRUARY 26, 2025

Written by Hadrien Pauchard ( assistant researcher and doctoral student at Sciences Po Law School) The fourth issue of the Revue Critique de droit international priv of 2024 will very shortly be released. 53600/20, to reflect on the interaction between human rights reasoning and private international law methods. Switzerland [GC], no.

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Legal Legal Litigating Litigation 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.

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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.

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Laws Contract Court Procedural Law 40

Conflict of Laws

AUGUST 19, 2024

Alongside features commons to the courses of the initial period, such as the approach to the study of private international law, outlined by Pasquale Stanislao Mancini, and the comparative method, there are however distinctive and noteworthy features in the courses offered between 1973 and 2023.

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Laws Procedural Law Litigating Litigation 59

Conflict of Laws

OCTOBER 1, 2024

By Ananya Bhargava, Jindal Global Law School, OP Jindal Global University, India. This is a significant turning point in the intersection of arbitration and cross-border litigation in India since the remedy of anti-enforcement injunction is rarely granted by judicial authorities across jurisdictions. The injunction was granted under S.9

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Court Prima Facie Case Laws Legal 69

Paralegal Bootcamp

NOVEMBER 17, 2023

She was previously supervising graduates of the Paralegal Studies and Office Assistant program during their practicums as an office manager at Morrow Law, but she much prefers her current role working in higher education because it allows her to make a greater impact in educating future legal professionals.

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Paralegal Paralegals Paralegal Studies Education 147

Conflict of Laws

JANUARY 24, 2021

Eduardo Álvarez-Armas is Lecturer in Law at Brunel University London and Affiliated Researcher at the Université Catholique de Louvain. 1) Therefore, in addition to a substantive-law intervention, the involvement of private international law in SLAPPs is required.

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Laws Litigating Litigation Legal 40

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 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.

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Court Contract Laws Contract Law 59

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.

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Conflict of Laws

DECEMBER 19, 2022

Thus, he can apply for an interim measure in State A according to national law and may have this measure enforced under the Brussels Ibis Regulation in State B by way of attachment of accounts. Any future judgement by the referring court must thereafter be dependant on the interpretation of Union law.

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Court Cause of Action Laws Procedural Law 52

Conflict of Laws

AUGUST 3, 2023

This creates inconsistencies between the scope of application of the Draft Directive and existing jurisdictional law, both on the EU level and on the domestic level, and can lead to an enforcement gap: EU companies may be able to escape the existing EU jurisdiction; non-EU companies may even not be subject to such jurisdiction. 22 (5) CSDDD.

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