Conflict of Laws

SEPTEMBER 4, 2023

Building on the comments, the present article authored by the members of the Marburg Group focuses on the main points of critique and considers the present state of discussion on the proposed Regulation. 57 Austrian Code of Civil Procedure. A reshaping of Art. grCCP was beyond the “mission statement” of the drafting Committee.1

Procedural Law 69

Procedural Law Court Legal Legal 69

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.

Tort 75

Tort Litigation Litigating Finance 75

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: .

Laws 52

Laws Legal Secretary Litigation Litigating 52

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Penasthika rightly observes that this signifies confusion between jurisdiction and choice of law, because what the Indonesian courts should apply is substantive and not procedural law.

Contract 52

Contract Laws Civil Law Procedural Law 52

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. 284, para.

Drafting 52

Drafting Contract Tort Litigation 52

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. Greek law).

Court 52

Court Cause of Action Laws Legal 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. found differently.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

DECEMBER 4, 2022

The Regulation focuses on hierarchical jurisdiction in cross-border litigation, although its title does not explicitly say so. Main Content. 277 of the PRC Civil Procedure Law, different from domestic trials, foreign-related trials would not be subject to the statutory time limit. Convenience and Efficiency. 359, para.

Court 40

Court Litigating Litigation Procedural Law 40

Conflict of Laws

JUNE 30, 2022

Professor Francesco Paolo Luiso (University of Pisa, Italy – Academician of the Order of Lincei ) then proceeded to effectively illustrate the essential role played by lawyers in changing the traditional paradigm of dispute resolution which sees court adjudication as the main (if not, the sole) way of settling disputes.

Technology 52

Technology Procedural Law Lawyers Lawyer 52

Conflict of Laws

APRIL 1, 2025

The conferences topic, characterisation, is the process for identifying the nature or category of a particular cause of action (for instance contractual, tortious, proprietary, corporate, matrimonial), so that the correct connecting factor can be employed which then points to the applicable law or to the competent court.

Laws 45

Laws Family Law Legal Legal 45

Conflict of Laws

MAY 27, 2024

At the outset, the CJEU observed that the Brussels Ia Regulation is applicable to the disputes in the main proceedings as the proceedings were commenced by the insurance companies before 31 December 2020. In practical terms, the application of the choice of law rule in Article 25(1) would have led to a similar outcome.

Court 59

Court Contract Laws Contract Law 59

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. The Act contains conflict-of-law rules as well as rules on procedure.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

JUNE 16, 2024

This is more so], especially since the submitted documents on the Canadian civil procedure law and the Regulation No. This is why, before the Canadian Court, one of the main questions [para. It is widely known that the procedural aspects of the enforcement of foreign judgments largely differ across the globe.

Court 59

Court Legal Assistance Legal Assistant Legal 59

Conflict of Laws

MAY 17, 2022

Hübner: Climate change litigation at the interface of private and public law – the foreign permit. The article deals with the interplay of private international law, substantive law, and public law in the realm of international environmental liability. Mankowski: Whom has the appeal under Art. Bandemer (2021).

Contract 40

Contract Legal Legal Court 40

Conflict of Laws

APRIL 27, 2023

Articles 13 and 14 of China’s draft law closely parallel Articles 19-21 of the U.N. The main difference appears in Article 13(3)’s exception for enforcing court judgments, which is expressly limited to Chinese court judgments and requires that the property “relates to the proceedings.” Convention. Because the U.S.

Drafting 40

Drafting Laws Court Litigation 40

Conflict of Laws

AUGUST 30, 2023

Breaking) News From The Hague: A Game Changer in International Litigation? 2020.001343 ) Conley, Anna “Comparing Essential Components of Transnational Jurisdiction: A Proposed Comparative Methodology”, Tulane Journal of International and Comparative Law” 31 (2023), pp. EU Civil Procedure Law and Third Countries – Which Way Forward?,

Drafting 98

Drafting Laws Litigation Litigating 98

Conflict of Laws

FEBRUARY 24, 2022

The main novelty profile consists in the wide space left to the use of communication technologies for the implementation of judicial assistance mechanisms: they mark the distance with respect to the oldest communication tools and touch each “segment” of the overall activity through which evidence is taken in a State other than that of the trial.

Litigating 52

Litigating Litigation Procedural Law Laws 52

ClimateChange-ClimateLaw

DECEMBER 12, 2023

Climate litigation in Germany has achieved another major victory. Against this backdrop, the decision of the Higher Administrative Court must also be understood as part of a new wave of climate litigation. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v.

Litigation 142

Litigation Litigating Government Court 142

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

DECEMBER 22, 2024

In addition to addressing civil and criminal sanctions, the main focus lies on the widespread but under-researched phenomenon of scandal-driven reform legislation. It is therefore crucial how the individual legal question is categorized, namely whether it is classified as substantive or procedural. 787828).

Contract 59

Contract Drafting Laws Procedural Law 59

Conflict of Laws

FEBRUARY 16, 2025

The main purpose of the new rules is to enable them to acquire all the information that can lead, in the best way, to the settlement of the dispute. The essay identifies the main sources that have assigned AGCom the task of regulating procedures for extrajudicial dispute resolution: the law establishing the AGCom (Law No.

Litigation 59

Litigation Litigating Technology Procedural Law 59

Conflict of Laws

DECEMBER 27, 2024

The court, then categorized the case as personal status case, and assessed the indirect jurisdiction of the foreign court by reference to the Japanese rules of direct jurisdiction in personal status cases as set out in the Personal Status Litigation Act (PSLA) , article 3-2 et seq. Personal Status Cases v.

Family Law 49

Family Law Court Divorce Laws 49

Above The Law

JANUARY 24, 2025

Main Areas of Law The case touches on compassionate release under the First Step Act, which allows for sentence reductions in certain circumstances. Main Areas of Law The main areas of law include constitutional law (specifically the Eighth Amendment regarding protection from cruel and unusual punishment), civil rights (42 U.S.C.

Contract 52

Contract Court Prima Facie Case Laws 52