Remove Litigation Remove Procedural Law Remove Tort
article thumbnail

Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

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

article thumbnail

“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

Conflict of Laws

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]

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

German Federal Court of Justice: Article 26 Brussels Ia Regulation Applies to Non-EU Defendants

Conflict of Laws

In general, following the procedural law principle of actor sequitur forum rei , the Canadian trust should be brought to court in Canadian courts. 32 German Civil Procedure Code, tort claims can be brought to the court where the harmful act happened regardless of the defendant’s domicile. And unlike Art.

Court 75
article thumbnail

Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

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.

article thumbnail

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

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]

Laws 98
article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2022: Abstracts

Conflict of Laws

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.

article thumbnail

The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Conflict of Laws

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

Court 52