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 Litigation 52

Conflict of Laws

JANUARY 10, 2022

One is the jurisdictional challenge of finding a competent court in the same jurisdiction as the individual users. [3] This constellation provides a strong argument for facilitating collective redress, as otherwise individual users may not be able to obtain justice for privacy infringements before the courts.

Tort 75

Tort Litigation Litigating Finance 75

Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. Introduction.

Litigation 52

Litigation Litigating Laws Court 52

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. As the reader, one thing I found striking about Indonesian practice is that a choice of foreign law alone can oust the jurisdiction of the Indonesian courts.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

DECEMBER 12, 2020

By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn.

Laws 98

Laws Court Contract Legal 98

Conflict of Laws

APRIL 26, 2021

This article examines the impact of this realignment on private international law, for civil and commercial matters, within the legal systems of the UK, the EU and third countries with whom the UK and the EU had established relationships before their separation. The note lays out the reasons given by the court.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JUNE 2, 2022

Lex&Forum expresses its warmest thanks to the President of the Courts of First-Instance of Piraeus Council Judge Mr. Vassilios Tzelepis and the President of the Piraeus Bar Association Mr. Elias Klappas , as well as to all the rapporteurs for their honorable contributions. Vathrakokilis.

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Tort Court Procedural Law Laws 40

Conflict of Laws

JULY 5, 2021

Remien : The European Succession Regulation and the many questions of the European court practice – five years after entry into force. but especially national court practice shows many interesting cases of the necessary overall assessment. 102 TFEU and/or national competition law rules. The long-awaited U.S. According to Art.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

AUGUST 3, 2023

After all, mandatory application in EU courts is largely irrelevant if courts do not have jurisdiction in the first place. If the remaining alternative is to bring an action in a court outside the EU, the application of the CSDDD civil liability regime is not, however, guaranteed. Common to Arts. 22 (5) CSDDD.

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Drafting Diligence Procedural Law Court 52

Conflict of Laws

MARCH 19, 2021

Furthermore, the authors look at areas of law where the EU has made use of its external competence. They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. 1 Lugano Convention 2007 vis-à-vis claims in tort.

Divorce 52

Divorce Contract Tort Court 52

Conflict of Laws

SEPTEMBER 14, 2023

During the twentieth century many countries moved from an absolute theory of foreign state immunity, under which countries could never be sued in another country’s courts, to the restrictive theory. But Russia joined the restrictive immunity camp in 2016, when its law on the jurisdictional immunity of foreign states went into effect.

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Drafting Court Laws Government 49

Conflict of Laws

DECEMBER 17, 2020

Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law. Arabella case [which the court has now thankfully moved away from]. [8]

Laws 52

Laws Stare Decisis Legal Legal 52

Conflict of Laws

SEPTEMBER 1, 2022

The rules on applicable law for environmental damage, contained in the Rome II Regulation on the law that applies to non-contractual obligations, are a clear and considered exception. Courts are struggling with the right approach to the relevant rules. Those obligations remain contractual even if they entitle a third party.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

MARCH 22, 2022

Furthermore, the authors look at areas of law where the EU has made use of its external competence. They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. While the court left the decision between lit. a and lit.

Contract 8

Contract Tort Litigation Litigating 8