article thumbnail

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

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.

article thumbnail

Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

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. The defendant/appellant appealed but it was not successful.

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

Who is bound by Choice of Court Agreements in Bills of Lading?

Conflict of Laws

According to the doctrine of privity of contract, only parties to a choice of court agreement are subject to the rights and obligations arising from it. Effectively, this is a context specific harmonised approach to developing substantive contract law rules to regulate the effectiveness of choice of court agreements.

Court 58
article thumbnail

Limitation Period for Enforcement of Foreign Judgments: Australian Court Recognized and Enforced Chinese Judgment Again

Conflict of Laws

This marks the second time that the court of NSW in Australia enforces Chinese judgment after Bao v Qu; Tian (No 2) [2020] NSWSC 588. [2]. However, the two original defendants failed to fulfill their liability for repayment as agreed while the Plaintiff has performed the contract obligations. Ltd (“second original defendant”) and Ms.

Court 98
article thumbnail

There and Back Again? – The unexpected journey of EU-UK Judicial Cooperation finally leads to The Hague

Conflict of Laws

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. 10, 11 The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.)

article thumbnail

Lex & Forum: Third issue – A special on the limits of private autonomy in the EU

Conflict of Laws

The central topic of the present issue (Focus) is further elaborated by the contributions of Professor Spyros Tsantinis on the importance of private autonomy in European and international procedural law, and of Dr. Konstantinos Voulgarakis on the protection mechanisms in the case of choice of court agreements.

article thumbnail

RabelsZ: new issue alert

Conflict of Laws

This contribution introduces the basic conceptions of the Model European Rules of Civil Procedure, which were affirmed by the European Law Institute, Vienna, and by UNIDROIT, Rome, in 2020. The authors are convinced that one cannot analyse the transfer of ownership without considering the underlying contract.