Conflict of Laws

SEPTEMBER 1, 2022

Contractual” duties of care corresponding with negligence in tort, on the other hand, fall within the scope of the Regulation Rome II. For the contracting parties as well as for third parties, the conflict-of-laws in claims following the disregard of such duties is determined by the application of Article 4 Regulation Rome II.

Contract 10

Contract Tort Procedural Law Court 10

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

Court 52

Court Procedural Law Litigating Litigation 52

Conflict of Laws

JANUARY 18, 2024

If on the basis of question 1a (and/or 1b) not only one but several internally competent judges in the relevant Member State are designated, does Article 7, point 2, Brussels I bis then oppose the application of national (procedural) law that allows referral to one court within that Member State?

Court 78

Court Procedural Law Legal Legal 78

Conflict of Laws

APRIL 26, 2021

The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. Zwirlein-Forschner: Road Tolls in Conflict of Laws and International Jurisdiction – a Cross-Border Journey between the European Regulations.

Contract 52

Contract Legal Legal 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. 276, para.

Drafting 52

Drafting Contract Tort Litigating 52

Conflict of Laws

JUNE 29, 2023

The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedural laws ( Justizkonflikt) between the United States and Germany. While the decision is formally a procedural one, its most striking passages address substantive tort law.

Tort 52

Tort Court Procedural Law Laws 52

Conflict of Laws

JULY 5, 2021

The CJEU (Grand Chamber) has issued a landmark ruling on the borderline between contract and tort disputes under Article 7(1) and (2) of the Brussels I-bis Regulation. 102 TFEU and/or national competition law rules. The decision also deals with questions of German procedural law.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

MARCH 22, 2022

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. Even after the Supreme Court’s dismantling of the Alien Tort Claims Act jurisdiction remains possible, though everything depends on the circumstances.

Contract 8

Contract Tort Litigating Litigation 8

Conflict of Laws

AUGUST 23, 2023

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. Procedural law matters are reserved for the forum, and some Indonesian judges only appear to see the procedural aspects of choice of law.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

JUNE 2, 2022

The first four issues of the previous year were dedicated to the fundamental and most current issues of European private/procedural international law: the judicial cooperation after BREXIT (1 st issue), the impact of 40 years since Greece joined the European Union to the internal Procedural Law (2 nd issue), the importance of private autonomy in European (..)

Tort 40

Tort Procedural Law Court Laws 40

Conflict of Laws

AUGUST 3, 2023

Specific jurisdiction in matters relating to tort will be of little use, as in value chain civil liability claims the place of the event giving rise to damages and the place of damage are usually outside the EU and within that third state. This is a problem of uniformity – different national laws allow for different answers.

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

SEPTEMBER 14, 2023

Territorial Tort Exception Article 9 of the FSIL creates an exception to immunity for claims “arising from personal injury or death or damage to movable or immovable property caused by the relevant act of the foreign state in PRC territory.” It is unclear if Chinese courts applying the FSIL will reach the same conclusion.

Drafting 49

Drafting Court Laws Government 49

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. Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art.

Litigation 52

Litigation Litigating Laws Court 52

Conflict of Laws

JANUARY 10, 2022

The Court of Appeal held that misuse of private information and contravention of the statutory data protection requirements was a tort and therefore, if damage had been sustained within England, the English courts had jurisdiction and service to the USA (California) was allowed.

Tort 75

Tort Litigating Litigation Finance 75

Conflict of Laws

DECEMBER 17, 2020

11] While this undoubtedly represents the correct position of the law in principle, it is however of doubtful practical effect given the peculiarity of the diminishing line between rationes decidendi and obiter dicta under the Nigerian version of the doctrine of stare decisis as well the attitude of Nigerian courts to decisions of higher courts.

Laws 52

Laws Stare Decisis Legal Legal 52

Conflict of Laws

MARCH 19, 2021

The following analysis undertakes the attempt to clarify the key aspects from the perspective of German international private law. Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. 1 Lugano Convention 2007 vis-à-vis claims in tort. 1 Brussels Ia Regulation/Art.

Divorce 52

Divorce Contract Tort Court 52

Conflict of Laws

OCTOBER 31, 2024

In addition, the Bundesgerichtshof commented on disputed questions of private international law concerning the limitation of liability under maritime law. Under the Rome II Regulation, however, the court classified such claims not as tort claims but as claims falling under Art. 10 (“unjust enrichment”).

Contract 59

Contract Tort Legal Legal 59