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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 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
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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. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws.

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

Conflict of Laws

Reibetanz: Procedural Consumer Protection under Brussels Ibis Regulation and Determination of Jurisdiction under German Procedural Law (Sec. German procedural law does not provide for a place of jurisdiction comparable to Article 8 (1) Brussels Ibis Regulation, the European jurisdiction for joinder of parties.

Court 52
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Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

Keywords- Amendment of Pleadings, Civil Procedure Code 1908. The principle followed in Civil Procedural Law is that the Court procedures and rules are designed to achieve substantial justice. Introduction. As stated before, a pleading can be both plaint and written statements. The reason was stated as.

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

Conflict of Laws

Vidal-Hall [9] concerned the first challenge of jurisdiction and in particular whether the court should allow the serving of proceedings on the defendant outside the jurisdiction under the Civil Procedure Rules [10]. The more recent English Supreme Court judgment in Lloyd concerned the second challenge, collective redress.

Tort 75
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Conflict of Laws

And even after the Supreme Court’s virtual elimination of federal common law causes of action claims under state or foreign law remain possible, though they may entail complex choice-of-law issues.

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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

The result of the authors’ analyses of Nigerian appellate courts’ cases bordering on the jurisdiction of Nigerian courts in actions in personam arising from causes of action which accrue outside the territorial jurisdiction of the courts is particularly eye-opening.

Laws 52