Conflict of Laws

APRIL 13, 2023

The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law. Under Indian law, the limitation for the type of cause of action at stake, in this case, was three years as opposed to Malaysian law, where the limitation was six years.

Laws 98

Laws Procedural Law Contract Government 98

LexForti

NOVEMBER 5, 2021

However, when a party seeks an amendment of pleading regarding constructive res judicata , the Civil Court must reject such application. [11] 11] This rule is not confined to regular civil proceeding but can be ordered even by a presiding judge in execution, insolvency, arbitration and matrimonial proceedings. [12].

Diligence 52

Diligence Cause of Action Court Litigation 52

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough.

Litigation 64

Litigation Litigating Laws Tort 64