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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2023: Abstracts

Conflict of Laws

Schütze: Security for costs of english plaintiffs in Austrian litigation The judgment of the Austrian Supreme Court (Oberster Gerichtshof – OGH) of 29 March 2022 deals with the obligation of English plaintiffs to provide security for costs according to sect. grCCP was beyond the “mission statement” of the drafting Committee.1

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Final Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

Final Update of 29 August 2023: New entries are printed bold. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31 Bonomi, Andrea; Mariottini, Cristina M. Breaking) News From The Hague: A Game Changer in International Litigation?

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The Predictability of the Mayo/Alice Framework – A New Empirical Perspective

Patently O

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3] 2(3) (2023) [link]

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China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

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 two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). Written by Bill Dodge , the John D.

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Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Breaking) News From The Hague: A Game Changer in International Litigation? 187-214 Coco, Sarah E.

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The Kenyan Supreme Court holds that Scottish Locus Inspection Orders must be Examined by the Kenyan Courts for Recognition and Enforcement in Kenya

Conflict of Laws

We would also like to thank Professor Beligh Elbalti for his critical comments on the draft blogpost. The Kenyan Supreme Court held that ‘decisions by foreign courts and tribunals are not automatically recognized or enforceable in Kenya.

Court 68
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Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, registration now open , we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Breaking) News From The Hague: A Game Changer in International Litigation?