Conflict of Laws

MARCH 6, 2025

These updates reflect Chinas efforts to modernize its legal framework, enhance judicial efficiency, align with international norms, promote cross-border legal cooperation, and ensure the protection of national interests while facilitating cross-border legal interactions.

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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. However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. Since then, it had undergone four revisions in 2007, 2012, 2017, and 2021. Jurisdiction 2.1

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SCOTUSBlog

JANUARY 24, 2025

He contended that language at issue in this case is quite similar to both the Hobbs Act, which bars robbery and extortion, and the general law governing venue in federal courts, all of which have been construed to allow just one party to establish venue. Thomas was unsympathetic to the governments plight here too.

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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

NOVEMBER 13, 2021

The pandemic causes serious disruption to litigation. In 2015, the Provisions of the SPC on Several Issues Concerning Registration and Filling of Cases provides the People’s courts should provide litigation services including online filing. [1] In China, mediation is part of the formal litigation procedure. Background.

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Conflict of Laws

JULY 9, 2024

These updates on developments on PIL may include information on new laws, rules, and regulations; new judicial and arbitral decisions; new treaties and conventions; new scholarly work; new conferences; proposed new pieces of legislation; and the like. This issue has two sections.

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Legal Research is Easy

MAY 11, 2025

As it turns out, there is - but I didn't know that until later in my career as a law librarian. Judges, attorneys, pro se litigants - all use the terms interchangeably and they all sound like tourists. For example California, there are (currently) 30 bodies of law within the California Code.

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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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SimplyLawJobs

OCTOBER 28, 2021

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. These include the ‘Right of Audience’ which is the right to present your client’s case to the court, and the right to conduct litigation.

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Patently O

MAY 10, 2022

4] A lot has happened in procedural law 1907. The court’s Kessler doctrine operates applies to bar litigation in situations where these traditional forms of preclusion do not. The effect of judgment is inherent to every litigation, and the confusion created by the Federal Circuit in these cases is ripe for resolution. = = =.

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Conflict of Laws

DECEMBER 13, 2023

This law heralds a fundamental shift of China’s attitude towards foreign state immunity, from strict adherence to the absolute theory to adoption of the restrictive theory. A report on the draft law also suggests that it is intended to build China’s foreign-related legal system and to promote China’s Belt and Road Initiative.

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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

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. However, the authors note how the empirical research has been lacking and argue for more robust and expansion of studies. Cristina M. Observatory on Jurisprudence.

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Conflict of Laws

MARCH 16, 2025

This article gives a glimpse of how Chinese courts handle asymmetric choice of court agreements in international and commercial civil litigations. [4] Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. 5] In Hang Seng Bank Ltd. 15] In Sun Jichuan v.

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Conflict of Laws

JANUARY 10, 2022

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. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

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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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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. This is not an alteration of the procedural equality of the parties.

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Conflict of Laws

DECEMBER 12, 2020

Under the Civil Procedure Law of China (CPL), the general rule of territorial jurisdiction is that a civil action shall be brought in the People’s Court of the place in which the defendant is domiciled subject to various exceptions grouped together under the title of “special jurisdictions”. [9] 8] Id, at pp. 14] E.g., Winkworth v.

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Conflict of Laws

JULY 9, 2021

Article 51 of the PRC Maritime Special Procedure Law provides that the maritime court may upon the application of a maritime claimant issue a maritime injunction to compel the respondent to do or not to do certain acts in order to protect the claimant’s lawful rights and interests from being infringed. [4] See Article 100, para.1

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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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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. 285, para.

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Conflict of Laws

FEBRUARY 26, 2025

This solution will have a significant impact on French litigation in this area. Thus, a French creditor can no longer initiate collective proceedings in France against a debtor who has virtually no connection with France. Finally, in the last article, Prof.

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Conflict of Laws

JULY 14, 2022

According to Article 96 of Civil Procedure Law of China, in trying civil cases, a people’s court shall conduct mediation to the merits of case under the principle of voluntary participation of the parties and based on clear facts. What is a judicial mediation settlement.

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Paralegal Bootcamp

NOVEMBER 17, 2023

Litigation Paralegal Boot Camp Are you still waiting for on-the-job training that takes you through each phase of a litigation case and shows you what you can do to support your attorneys? having me teach litigation case management, um, or e discovery project management, you know, because I’m not a lawyer. Reasonably so.

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Conflict of Laws

DECEMBER 4, 2022

The Regulation focuses on hierarchical jurisdiction in cross-border litigation, although its title does not explicitly say so. 277 of the PRC Civil Procedure Law, different from domestic trials, foreign-related trials would not be subject to the statutory time limit. It should also be noted that according to Art. 359, para.

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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. 57 Austrian Code of Civil Procedure. A reshaping of Art. Pursuant to Art.

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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. found differently.

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Conflict of Laws

OCTOBER 1, 2024

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 9 of the Indian Arbitration and Conciliation Act 1996 as an “interim measure.”

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Conflict of Laws

AUGUST 3, 2023

Whether strategic joint litigation can be brought against an EU anchor defendant in order to drag along a non-EU defendant depends upon the national provisions of the EU Member States. In total, these decisions allow for strategic joint litigation against third-country companies together with an EU anchor defendant.

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Conflict of Laws

DECEMBER 19, 2022

The decision illustrates that the relevance of the domicile of natural persons for the jurisdiction in direct actions for damages against board members (Art 4, 62 Brussels Ia Regulation) can lead to the fact that courts of different member states have to decide on crucial aspects of complex investor litigation at the same time. 36 (1) No.

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Conflict of Laws

AUGUST 19, 2024

Villata , Professor at the University of Milan: Mihail DANOV, Private International Law and Competition Litigation in a Global Context , Hart Publishing, Oxford, 2023, pp. Finally, the issue features the following book review by Francesca C.

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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.

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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.

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LettersBlogatory

OCTOBER 2, 2021

But I like to think that you, Letters Blogatory readers, or most of you anyway, are interested in reading about law cases as law cases. Anyone who is interested in the areas of procedural law I write about here, such as jurisdiction, service of process, etc., The Chevron/Ecuador/Donziger case is a great example of this.

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Conflict of Laws

SEPTEMBER 7, 2022

This article addresses the complex features and problems arising from the combined application of all European and international instruments dealing with divorce and the economic aspects of family law. and International Law , 3rd ed., Finally, this issue features the following book review by Cristina M.

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Conflict of Laws

FEBRUARY 26, 2025

Based on a litigation agreement pursuant to Sections 119b (2), 184a (3) of the German Courts Constitution Act on the first instance jurisdiction of the Commercial Court and on the conduct of proceedings in English, the article analyses details of the newly created procedural instruments and their implementation in practice.

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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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