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Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Conflict of Laws

The different characterization of limitation as a procedural or substantive issue adds more to the complexity. The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law. Interestingly, the Singapore Court of Appeal in BBA v.

Laws 98
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Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2023: Abstracts

Conflict of Laws

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
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Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

Considering this principle, parties in a civil suit enjoyed unrestricted access to modify their pleadings under Order VI Rule 17 of the Indian Civil Procedure Code, 1908. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. 3] It is needed because the Court expects each side to present their argument in the way they wish to.

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Has the Battle Just Begun for Collective Action against Big Tech Companies?

Conflict of Laws

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
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Conflict of Laws

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.

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A call for the wider study of Private International Law in Africa: A Review of Private International Law In Nigeria

Conflict of Laws

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