Civil Law, Drafting and Laws

UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

ClimateChange-ClimateLaw

MAY 30, 2024

The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form. The Draft Treaty is still being negotiated and amended. The Draft Treaty complements soft law in the same area, namely the UN Guiding Principles on Business and Human Rights.

Drafting

Drafting Litigation Litigating Diligence

Third Issue of Journal of Private International Law for 2023

Conflict of Laws

FEBRUARY 13, 2024

The third issue of the Journal of Private International Law for 2023 has just been published. To answer this question, the article explores primary and secondary sources from various jurisdictions around the world, including common law, civil law, and mixed legal systems, together with insights from experts in commercial conflict of laws.

Laws

Laws Divorce Contract Legal

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

AUGUST 23, 2023

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.

Contract

Contract Laws Civil Law Procedural Law

Out now: Nishioka / Nishitani, “Japanese Private International Law”; Jolly / Khanderia, “Indian Private International Law”

Conflict of Laws

NOVEMBER 29, 2021

“ Japanese Private International Law ” certainly contains the currently leading reference to Japanese private international law in English. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement.

Laws

Laws Divorce Civil Law Drafting

Chinese Case Law Collection Adds to the CISG’s Jurisconsultorium: Reflections on the United Nations Convention on Contracts for the International Sale of Goods and its Domestic Implementations

Conflict of Laws

NOVEMBER 20, 2022

The United Nations Convention on Contracts for the International Sale of Goods (‘ CISG ’), currently adopted by 95 States, is a treaty intended to harmonise the laws governing cross-border goods trade: and thereby promote trade itself. Dr Benjamin Hayward*. So much is made clear in its Preamble: The States Parties to this Convention , ….

Contract

Contract Laws Civil Law Legal

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

FEBRUARY 18, 2024

Authors: Abubakri Yekini (Lecturer in Conflict of Laws at the University of Manchester) and Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham, Senior Research Associate at the University of Johannesburg).

Contract

Contract Litigation Litigating Civil Law

GEDIP Recommendation to the European Commission on the private international law aspects of the future EU instrument on corporate due diligence and accountability

Conflict of Laws

NOVEMBER 8, 2021

Written by Hans van Loon, a member of GEDIP and former Secretary General of the Hague Conference on Private International Law (HCCH). As the Commission will likely draw inspiration from this document, the GEDIP considered the EP Resolution when drafting its Recommendation. This post was previously published by the EAPIL blog.

Diligence

Diligence Laws Civil Law Drafting

Zeitschrift für Vergleichende Rechtswissenschaft (ZVglRWiss) 122 (2023) Issue 3: Abstracts

Conflict of Laws

SEPTEMBER 6, 2023

The topic consisted of legal aspects of crypto currencies and assets, with a particular focus on comparative law and private international law. This article is concerned with the legal discussion in Liechtenstein, Switzerland, and Austria, meaning that its focus lies on legal systems that show a certain proximity to German law.

Civil Law

Civil Law Legal Legal Laws

Title: How to Sue Flipkart/Amazon: Legal Remedies for Defective Products and Poor Service

LexForti

JUNE 13, 2023

Drafting the complaint: You need to draft a complaint specifying the facts necessary to establish your cause of action. The fee can be paid via postal order or demand draft. Remember, the customer is king and the law ensures you are treated as one! It does not provide specific legal advice.

Legal

Legal Legal Drafting Cause of Action

A Guide to Common Paralegal Studies Classes

How To Become A Paralegal

APRIL 30, 2018

Introduction to Civil Procedure. This may also be called a civil law class. In this class, you’re going to learn the basics of the civil law system. You’ll learn about civil law terms as well as how the civil court runs and how both of these differ from the criminal system. Criminal Law.

Paralegal Studies

Paralegal Studies Paralegal Paralegals Legal Research

Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

DECEMBER 12, 2023

The mere admissibility of the lawsuit is a victory in itself, given that German environmental law – at least in its express wording – does not give environmental associations the right to sue for the implementation of immediate action programs under the CCA. That incentive function would then be gone.

Litigation

Litigation Litigating Government Court

The EU’s Response to National Judicial Determinations of FRAND Royalty Rates

Patently O

APRIL 13, 2023

The Leaked Draft Even before the official release of the EU Proposal, a significant amount of material has become publicly available.

Drafting

Drafting Court Litigation Litigating

The Need for an Uniform Civil Code in the Modern India

LexForti

AUGUST 7, 2021

All the ideologies have their particular law while dealing with exclusive matters of their followers. The article also provides recommendations for the better application of universal law in the country. Till now the Goa is the only state of India that realizes the need for a universal civil code and enacted it as a law in its state.

Divorce

Divorce Laws Government Civil Law

This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention

Conflict of Laws

OCTOBER 9, 2023

The transfer of jurisdiction (as foreseen in those articles) is sometimes little known in some civil law States (in particular, Latin America) so these suggestions are very much welcome. No 4 of September 2023 – International Association of Child Law Researchers (IACLaR) – Observer Note suggests the following: 64.

Contract

Contract Civil Law Drafting Laws

Legalities of Third-Party Funding in India: The Road Ahead

LexForti

AUGUST 9, 2021

In understanding TPF in Indian laws, it is desirable to understand common law doctrines of Maintenance and Champerty. Historically, above English law, doctrines were considered an offence and were illegal predominantly in many common law jurisdictions. Indian Arbitration law does not contain any provision related to TPF.

Legal

Legal Legal Finance Litigation

Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

NOVEMBER 5, 2021

Maitreyi Choalla, a student of Gujarat National Law University explains the nuances of Amendment of Pleadings under Order VI, Rule 17 of Civil Procedure Code, 1908. In most cases, a country’s judicial system is designed to uphold the rule of law. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction.

Diligence

Diligence Cause of Action Court Litigation

A European Perspective on the Federalization of Shareholders’ Rights

Fordham Law News

MARCH 24, 2021

One of the most discussed question within the field of corporate law is whether the competition among States in the ‘incorporation’ business leads to the enhancement of corporate law, or to its detriment. Introduction. The European experience.

Government

Government Laws Litigation Litigating

Decoding International Arbitration

InHouseOps

JUNE 13, 2022

We know this because when we receive their awards we see their experience through and the quality of their analysis of the case and application of the law. They are uniquely positioned to negotiate the clause considering the types of disputes they have seen in the past and can draft accordingly.

Punitive Damages

Punitive Damages Healthcare Drafting Technology

Paralegal Brief

UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

Third Issue of Journal of Private International Law for 2023

Trending Sources

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

Out now: Nishioka / Nishitani, “Japanese Private International Law”; Jolly / Khanderia, “Indian Private International Law”

Chinese Case Law Collection Adds to the CISG’s Jurisconsultorium: Reflections on the United Nations Convention on Contracts for the International Sale of Goods and its Domestic Implementations

Implied Jurisdiction Agreements in International Commercial Contracts

GEDIP Recommendation to the European Commission on the private international law aspects of the future EU instrument on corporate due diligence and accountability

Zeitschrift für Vergleichende Rechtswissenschaft (ZVglRWiss) 122 (2023) Issue 3: Abstracts

Title: How to Sue Flipkart/Amazon: Legal Remedies for Defective Products and Poor Service

A Guide to Common Paralegal Studies Classes

Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

The EU’s Response to National Judicial Determinations of FRAND Royalty Rates

The Need for an Uniform Civil Code in the Modern India

This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention

Legalities of Third-Party Funding in India: The Road Ahead

Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

A European Perspective on the Federalization of Shareholders’ Rights

Decoding International Arbitration

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