Conflict of Laws

JANUARY 17, 2023

The third issue for the Journal of Private International Law for 2022 was published today. 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.

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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. This article deals with the concept of habitual residence, which is in widespread use in the EU Regulations in the field of family law. and International Law , 3rd ed.,

Family Law 52

Family Law Divorce Procedural Law Laws 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 Higher Regional Court (OLG) of Frankfurt a.M. So, the solution via Art.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

MAY 16, 2022

The Chinese Court Recognizes an English Commercial Judgment for the First Time. Written by Zilin Hao, Anjie Law Firm, Beijing, China. On 17 March 2022, Shanghai Maritime Court of PRC issued a ruling of recognizing and enforcing a commercial judgment made by the English High Court, with the approval of Supreme People’s Court (“SPC”).

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Court Procedural Law Law Firm Law Firms 52

Conflict of Laws

JANUARY 13, 2023

The urgency of the matter has compelled the Court to submit the case, at the request for the referring court, to the urgent preliminary ruling procedure provided for in Article 107 of the Rules of Procedure of the Court of Justice.

Procedural Law 52

Procedural Law Court 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

NOVEMBER 16, 2022

Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. candidate at the University of Luxembourg, offers an analysis of some aspects of a judgment concerning the EAPO Regulation rendered by the District Court of Žilina (Okresný súd Žilina), Slovakia.

Procedural Law 52

Procedural Law Court Legal Legal 52

Conflict of Laws

SEPTEMBER 4, 2023

Nitschmann: The consequences of Brexit on Civil Judicial Cooperation between Germany and the United Kingdom The United Kingdom’s withdrawal from the European Union has far-reaching consequences for international civil procedure law. 57 Austrian Code of Civil Procedure. 5 Brussels Ia Regulation and Art.

Procedural Law 67

Procedural Law Court Legal Legal 67

Conflict of Laws

AUGUST 30, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Drafting Laws Litigation Litigating 97

Patently O

MAY 10, 2022

Claim preclusion and issue preclusion are conceptually difficult, but the Federal Circuit has further confused preclusion doctrines in its patent law jurisprudence. In a series of recent decisions, the appellate court improperly created and then expanded upon a separate-and-distinct form of res judicata that it labels the Kessler Doctrine.

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Manufacturing Litigation Litigating Procedural Law 57

Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

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Tort Court Laws Procedural Law 52

Conflict of Laws

JANUARY 22, 2022

Carlos Santaló Goris, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. Against this background, the French court found that creditors who could apply for an EAPO were in a more advantageous position than those who could not.

Laws 98

Laws Procedural Law Court 98

Conflict of Laws

MARCH 2, 2024

Recognising that courts may not be the optimal forum for conflict resolution in this domain, this academic contribution will question the effectiveness and challenges of existing mechanisms and discuss a proposal to introduce a professional mediator in the administrative proceeding. 222 of December 21, 2023, and No.

Family Law 57

Family Law Procedural Law Laws Diligence 57

Conflict of Laws

AUGUST 3, 2023

The EU Commission published a long awaited Proposal for a Directive on Corporate Sustainability Due Diligence (CSDDD), COM(2022) 71 final, on 23 February 2022; the EU Council adopted its negotiation position on 1 December 2022; and now, the EU Parliament has suggested amendments to this Draft Directive on 1 June 2023.

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Drafting Diligence Procedural Law Court 52

Conflict of Laws

SEPTEMBER 6, 2022

Carlos Santaló Goris, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. There, an information authority would be in charge of searching for debtors’ bank accounts and giving an answer to the requesting court. 14(5)(b) EAPO Regulation).

Procedural Law 52

Procedural Law Court Laws 52

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. Courts are struggling with the right approach to the relevant rules. van Calster: Lex ecologia.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

AUGUST 17, 2022

Applications to recognize and enforce CAS awards are not part of Greek court’s daily order business. About ten years ago, the first decision of a Greek court was published, which accepted an application to declare a decision of the Court of Arbitration for Sports (CAS) enforceable. April 2022, both unreported).

Sports 52

Sports Procedural Law Court Contract 52

Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 19, 2022

The preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) exists to ensure the uniform interpretation and application of EU law. One such condition is that the question referred to the court must be applicable to the decision in the initial legal dispute.

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. Since its establishment in 1968, it has been constantly evolving. a and Article 34(1) lit. b and 34(1) lit. a and Article 34(1) lit. b and 34(1) lit.

Procedural Law 40

Procedural Law Drafting Court Laws 40

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.

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Drafting Contract Tort Litigation 52

Conflict of Laws

FEBRUARY 10, 2023

The second issue of 2022 of Giustizia Consensuale (published by Editoriale Scientifica) has just been released, and it features: Ferruccio Auletta and Alberto Massera , Giustizia consensuale e p.a.: Finally, some general conclusions are drawn regarding the DSA’S ‘procedure before substance’ regulatory approach.

Litigation 52

Litigation Litigating Legal Legal 52

Conflict of Laws

FEBRUARY 15, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

JANUARY 22, 2024

Transsaqui SL , arises from a reference for a preliminary ruling of the Supreme Court of Spain (Tribunal Supremo). There, the Court held that private enforcement of cartel damages claims could be directed both at the parent company and its subsidiaries. This case, C-632/22 – AB Volvo./. EUR 25,000.- plus interest and costs.

Procedural Law 62

Procedural Law Court Laws Manufacturing 62

Patently O

MARCH 17, 2022

Spring 2022 is roaring forward – and this semester is an especially busy one for me. All of this has given me a terrific opportunity to really think about procedure, law, and data. By Jason Rantanen. And it’s fortuitously come at a time when several related projects are coming to fruition. Read it here: [link].

Legal Research 55

Legal Research Drafting Legal Legal 55

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

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.

Technology 52

Technology Procedural Law Lawyer Lawyers 52

Conflict of Laws

SEPTEMBER 28, 2022

Update of 28 September 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Drafting Laws Litigation Litigating 40

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 48

Conflict of Laws

AUGUST 31, 2022

Update of 31 August 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Drafting Laws Litigation Litigating 40

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.

Contract 40

Contract Legal Legal Court 40

Conflict of Laws

JUNE 21, 2022

Update of 7 June 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

APRIL 20, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 20 April 2022: New entries are printed bold. Åkerfeldt, Xerxes. Amurodov, Jahongir.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

JULY 14, 2022

Judicial mediation is a unique dispute resolution mechanism in Chinese civil procedure. Wherever civil disputes are brought to the court, the judge should, based on parties’ consent, mediate before adjudicating. Zilin Hao, Anjie Law Firm, Beijing, China. This document is called ‘judicial mediation settlement’ in this note.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

JANUARY 11, 2022

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Update of 12 January 2022: New entries are printed bold. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022 , planned to be taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. 187-214.

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