Conflict of Laws

JANUARY 18, 2022

Following successful conferences in Bonn, Würzburg and Hamburg, please save the date for the 4th German-speaking Conference for Young Scholars in Private International Law, which will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna. The theme of the conference will be.

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Laws Tort Procedural Law Contract 52

Conflict of Laws

JUNE 27, 2022

Wolfram: Achmea – neglecting of international public law – some afterthoughts. It intends instead to throw some light on the rules of public international law on the termination of international treaties, which have not fully been taken into account by those who attempted to implement the Achmea judgment.

Contract 40

Contract Procedural Law Laws Legal 40

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. It argues for the application of the law of the state where the register is kept.

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Contract Laws Government Court 52

Conflict of Laws

SEPTEMBER 7, 2022

The second issue of 2022 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. Ilaria Viarengo , Professor at the University Milan, The Coordination of Jurisdiction and Applicable Law in Proceedings Related to Economic Aspects of Family Law.

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Family Law Divorce Procedural Law Laws 52

Conflict of Laws

OCTOBER 12, 2022

On 15 July 2022, the Supreme Court of New South Wales (“NSW”) recognized and enforced a Chinese judgment issued by the Shanghai Pudong New Area People’s Court 12 years ago in Tianjin Yingtong Materials Co Ltd v Young [2022] NSWSC 943. [1] Applicable Law to Limitation Period for Enforcement. Written by Zilin Hao*.

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Court Procedural Law Laws Legal 98

Conflict of Laws

MAY 17, 2022

Hay : On the Road to a Third American Restatement of Conflicts Law. American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. In Case C-490/20, V.M.A., In Case C-490/20, V.M.A.,

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Contract Legal Legal Court 40

Conflict of Laws

MAY 16, 2022

Issue 2/2022 of RabelsZ has just been published. It contains the following contributions: Ralf Michaels: Peter Mankowski *11.10.1966 †10.2.2022, Volume 86 (2022) / Issue 2, pp. 323–326, DOI: 10.1628/rabelsz-2022-0028. 327–363, DOI: 10.1628/rabelsz-2022-0029. 327–363, DOI: 10.1628/rabelsz-2022-0029.

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Procedural Law Legal Legal Laws 52

Conflict of Laws

APRIL 16, 2022

In the judgment in Owens Bank, C-129/92 , the Court of Justice held that the Brussels Convention does not apply to proceedings in a Contracting State concerning the enforcement of judgment given in civil and commercial matters in non-contracting State. Court’s answer and its findings.

Contract 98

Contract Procedural Law Court Laws 98

Conflict of Laws

JULY 14, 2022

On 7 June 2022, the Supreme Court of New South Wales recognized and enforced two Chinese judicial mediation settlement issued by the People’s Court of Qingdao, Shandong Province China in Bank of China Limited v Chen. Zilin Hao, Anjie Law Firm, Beijing, China. This document is called ‘judicial mediation settlement’ in this note.

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Laws Procedural Law Court Legal 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. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0 Brussels Ibis, Rome I-II etc.),

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Drafting Government Legal Legal 63

Conflict of Laws

JUNE 29, 2023

Particular attention is given to the Conclusions and Recommendations of the Applicable Law Working Group, unanimously adopted by the Special Commission which, in light of the challenges encountered in the implementation of the Hague Protocol, provide guidance on the practical operation of this instrument. 13 ss 3 no 1 EGBGB).

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Tort Court Laws Procedural Law 52

Conflict of Laws

SEPTEMBER 4, 2023

Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. 57 Austrian Code of Civil Procedure. However, in this article, the author takes the opposite view.

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Procedural Law Court Legal Legal 68

Conflict of Laws

SEPTEMBER 1, 2022

The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. EU private international law rules are almost always value neutral. van Calster: Lex ecologia.

Contract 10

Contract Tort Procedural Law Court 10

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.

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Drafting Contract Tort Litigation 52

Conflict of Laws

AUGUST 3, 2023

This creates inconsistencies between the scope of application of the Draft Directive and existing jurisdictional law, both on the EU level and on the domestic level, and can lead to an enforcement gap: EU companies may be able to escape the existing EU jurisdiction; non-EU companies may even not be subject to such jurisdiction. 22 (5) CSDDD.

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Drafting Diligence Procedural Law Court 52

Conflict of Laws

AUGUST 17, 2022

April 2022, both unreported). 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. 4 Greek Code of Civil Procedure.

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Sports Procedural Law Court Contract 52

Conflict of Laws

DECEMBER 19, 2022

Thus, he can apply for an interim measure in State A according to national law and may have this measure enforced under the Brussels Ibis Regulation in State B by way of attachment of accounts. Any future judgement by the referring court must thereafter be dependant on the interpretation of Union law. In its decision T.B.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

SEPTEMBER 12, 2022

On 9 September 2022, the Max Planck Institute for Procedural Law Luxembourg hosted a conference on the Brussels Ibis Reform, in collaboration with the KU Leuven and the EAPIL. 1 in light of the principle of privity of contracts (“Relativität des Schuldverhältnisses”) and the concurrence of claims under Article 7 no.

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Procedural Law Drafting Court Laws 40

Conflict of Laws

MARCH 22, 2022

Wagner: European Conflict of Law 2021: The Challenge of Digital Transformation. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. P Mansel/K.

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Contract Tort Litigation Litigating 8

Conflict of Laws

SEPTEMBER 14, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). In 2005, China signed the U.N.

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Drafting Court Laws Government 49

Conflict of Laws

JUNE 30, 2022

On 10 June 2022, the University of Trento, Faculty of Law celebrated the first anniversary of the launch of Giustizia consensuale , founded and edited by Professor Silvana Dalla Bontà and Professor Paola Lucarelli. He stated that there are three points of interaction between agreement and procedure.

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Technology Procedural Law Lawyer Lawyers 52