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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2022: Abstracts

Conflict of Laws

They include international jurisdiction agreements, contracts creating an exception in European law, to generally prohibited contracts, and contracts providing the use of European Trademarks and other European rights valid even against third persons. That law is particularly concerned about its effectiveness, if needed by a creative approach.

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Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

First, Shell stated that the claimants abused procedural law, because the claims against Royal Dutch Shall were ‘obviously bound to fail and for that reason could not serve as a basis for jurisdiction as provided in art. 6a, enabling a choice of law for victims of business-related human rights violations. 7(1) DCCP’ (at [3.1]