Conflict of Laws

JULY 5, 2021

Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. 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

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

NOVEMBER 1, 2021

Wilke : German Conflict of Laws Rules for Electronic Securities. In June 2021, Germany introduced the option of electronic securities, doing away with the traditional principle that securities must be incorporated in a piece of paper. Pika : The Choice of Law for Arbitration Agreements.

Divorce 40

Divorce Contract Court Legal 40

Conflict of Laws

OCTOBER 12, 2022

However, the two original defendants failed to fulfill their liability for repayment as agreed while the Plaintiff has performed the contract obligations. Y, the Chinese Court only executed more than 4 million yuan in place for three years, and finally ended the enforcement procedure in 2014.

Court 98

Court Procedural Law Laws Legal 98

Conflict of Laws

JUNE 27, 2022

Schlosser: Jurisdiction Agreements and other Agreements integrally Covered by European Law. Certain contracts are particularly close to the law of the European Union. That law is particularly concerned about its effectiveness, if needed by a creative approach.

Contract 40

Contract Procedural Law Laws Legal 40

Conflict of Laws

JANUARY 17, 2023

This contribution maps the meaning and nature of those articles, their application in early case-law across Member States, and their impact among others on business and human rights litigation, pre and post Brexit. Indonesian civil procedure law recognises choice of court agreements made by contracting parties.

Laws 40

Laws Contract Court Procedural Law 40

Conflict of Laws

FEBRUARY 21, 2023

2021, on the non-opposition to public order of a marriage performed by a proxy, with a note by Dr. Anthimos.

Family Law 52

Family Law Laws Divorce Court 52

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 Litigation Litigating 52

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 following article presents the German implementing rules for this recast.

Contract 52

Contract Laws Government Court 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. Jurisdiction.

Drafting 52

Drafting Contract Tort Litigation 52

Conflict of Laws

AUGUST 17, 2022

July 2021, and Thessaloniki Court of first instance, decision published on 26. The second decision concerned two accredited sports managers from Argentina against an Argentinian football player who terminated unilaterally the agreement, hence, he failed to abide by the conditions of the contract signed with the managers.

Sports 52

Sports Procedural Law Court Contract 52

Conflict of Laws

DECEMBER 15, 2021

13] The Mixed Courts could even open new perspectives to EU-law as many early key EU lawyers and judges have ties to certain Mixed Courts. [14] 2021) Preclassical Conflict of Laws. Nineteenth Century Perspectives on Private International Law. The Historic Bases of Private International Law. 1] Hatzimihail, N.E.

Laws 52

Laws Court Procedural Law Legal 52

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.

Laws 98

Laws Court Contract Legal 98

Conflict of Laws

SEPTEMBER 16, 2021

Kostin, Senior Research Fellow at the Private Law Research Centre (Moscow, Russia) and counsel atAvangard law firm. and Valeria Rzyanina, junior associate, Avangard Law Firm. This is a synopsis of an article published in the Herald of Civil Procedure Law Journal N 1/2021 in Russian).

Court 75

Court Legal Legal Real Estate 75

Conflict of Laws

SEPTEMBER 1, 2022

Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

NOVEMBER 13, 2021

1] In the same year, the SPC published the Civil Procedural Law Interpretation, which states that the parties can make agreement on the form of hearing, including virtual hearing utilizing visual and audio transfer technology. In China, mediation is part of the formal litigation procedure. 6] Art 2. [7] 7] Art 2(2). [8]

Court 52

Court Litigation Litigating Technology 52

Conflict of Laws

AUGUST 3, 2023

Nevertheless, the report of the European Parliament finally adopted, together with the Draft Directive of 10 March 2021, no longer contained such rule on international jurisdiction, without explanation. EU law does not expressly prohibit such derogation.

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

MAY 17, 2024

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. 20] UK Mission to the European Union, Letter to the Council of the European Union of 29 January 2021, NO 17/2021. [21]

Drafting 62

Drafting Government Legal Legal 62

Conflict of Laws

DECEMBER 19, 2022

Illetschko: The General International Jurisdiction for Legal Actions against Board Members of International Corporations – Comment on OLG Innsbruck, 14 October 2021 – 2 R 113/21s, IPRax (in this issue). Danda: The concept of the weaker party in direct actions against the insurer. In its decision T.B. 36 (1) No.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

MARCH 22, 2022

Wagner: European Conflict of Law 2021: The Challenge of Digital Transformation. This article provides an overview of developments in Brussels in the field of judicial cooperation in civil and commercial matters from January 2021 until December 2021. In its judgment of February 2021, the Landgericht Frankfurt a.M.,

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

MARCH 19, 2021

In spite of a choice of court agreement pointing to Irish courts for “all suits to enforce this contract” (translation), the OLG München has held itself competent for antitrust claims, as – according to the reasons given – no interpretation of the contract was necessary. 25 Brussels Ia Regulation itself.

Divorce 52

Divorce Contract Tort Court 52

Conflict of Laws

MAY 17, 2022

Hau: Interim relief against contracting authorities: classification as a civil and commercial matter, coordination of parallel proceedings and procedural autonomy of the Member States. Choice of court agreements are one of the most important instruments of international civil procedure law.

Contract 40

Contract Legal Legal Court 40

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.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

JANUARY 18, 2024

30/20 Volvo ( ECLI:EU:C:2021:604 ) is not easily transposable to the current case. 251/20 Gtflix Tv ( ECLI:EU:C:2021:1036 ) appears to be most closely aligned with this possibility, wherein the eDate rule was applied to a case involving French competition law, albeit the CJEU did not explicitly address this aspect (though AG Hogan did ).

Court 76

Court Procedural Law Legal Legal 76

Conflict of Laws

FEBRUARY 10, 2023

Thanks to their experience in the field of public procurement within the Arbitration Chamber of public contracts of the Italian National Anticorruption Authority, the authors incorporate a practitioner’s perspective into their analysis of the Amicable Agreement by referring to case law and to a broad range of doctrinal and legal sources.

Litigation 52

Litigation Litigating Legal Legal 52