Civil Law, Contract and Court

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

FEBRUARY 18, 2024

To provide certainty, commercial parties often conclude ex ante agreements on the venue for dispute resolution by selecting the court(s) of a particular state. In our latest article , published in the 2023 edition of the Journal of Private International Law , vol. Articles 3(c) and 5(1) address formal and substantive validity.

Contract

Contract Litigation Litigating Civil Law

Austria Supreme Court refers Facebook data collection questions to ECJ

JURIST

JULY 23, 2021

Austria’s Supreme Court of Justice referred four fundamental questions regarding the legality of Facebook’s collection and use of EU customers’ data to the Court of Justice of the European Union (ECJ) on Tuesday. The Court also issued a final judgment on issues it deemed did not require a referral to the ECJ.

Court

Court Contract Civil Law Legal

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

Contract

Contract Laws Civil Law Procedural Law

Chinese Case Law Collection Adds to the CISG’s Jurisconsultorium: Reflections on the United Nations Convention on Contracts for the International Sale of Goods and its Domestic Implementations

Conflict of Laws

NOVEMBER 20, 2022

The United Nations Convention on Contracts for the International Sale of Goods (‘ CISG ’), currently adopted by 95 States, is a treaty intended to harmonise the laws governing cross-border goods trade: and thereby promote trade itself. Dr Benjamin Hayward*. Pursuant to Art. Translation via Jie Luo.).

Contract

Contract Laws Civil Law Legal

Promulgation of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of International Treaties and International Practices in the Trial of Foreign-related Civil and Commercial Cases

Conflict of Laws

FEBRUARY 5, 2024

The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024. Opening up to the outside world to push forward one step, foreign-related rule of law construction should follow one step”.

Court

Court Construction Contract Laws

Hague Service Convention Enters into Force in Singapore

Conflict of Laws

DECEMBER 4, 2023

The enactment was accompanied by amendments to the Rules of Court 2021, Singapore International Commercial Court Rules 2021 and Family Justice Rules 2014. Service of Singapore process through the Convention will help ease the procedure in civil law countries, which may view service of foreign process as raising sovereignty issues.

Civil Law

Civil Law Contract Court Rules Court

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

Conflict of Laws

APRIL 13, 2023

The determination of the law applicable to limitation is a complex exercise. The aim of this post is to explore how would Indian substantive law of the contract impact limitation period and party autonomy, especially in the context of contracting out of limitation in a foreign-seated international arbitration.

Laws

Laws Procedural Law Contract Government

The New Saudi Civil Transaction Act and its Potential Impact on Private International Law in Saudi Arabia

Conflict of Laws

JUNE 24, 2023

Like most of the civil law codifications in the region, the new law focuses mainly on the so-called “patrimonial law,” i.e., property rights and obligations (contractual and non-contractual). Lebanon is the only country where choice-of-law principles have been developed mainly through case law.

Civil Law

Civil Law Laws Legal Legal

A Guide to Common Paralegal Studies Classes

How To Become A Paralegal

APRIL 30, 2018

Introduction to Civil Procedure. This may also be called a civil law class. In this class, you’re going to learn the basics of the civil law system. You’ll learn about civil law terms as well as how the civil court runs and how both of these differ from the criminal system.

Paralegal Studies

Paralegal Studies Paralegal Paralegals Legal Research

Third Issue of Journal of Private International Law for 2023

Conflict of Laws

FEBRUARY 13, 2024

The third issue of the Journal of Private International Law for 2023 has just been published. As such, it contributes to an understanding of implied jurisdiction agreements, providing valuable insights into their practical implications for international commercial contracts.

Laws

Laws Divorce Contract Legal

New issue alert: RabelsZ 2/2021

Conflict of Laws

MAY 18, 2021

. – This article investigates the law and economics of extreme sports sponsoring in a comparative perspective. It is based on 40 structured interviews with sponsored athletes from various common law and civil law jurisdictions. The article demonstrates that the current contracting practice is unbalanced and inefficient.

Contract Law

Contract Law Contract Construction Sports

Symposium for Trevor Hartley at LSE on 27 October 2023

Conflict of Laws

SEPTEMBER 22, 2023

Trevor has long been one of the world’s most distinguished scholars of Conflict of Laws (Private International Law), continuing a tradition started at the LSE by Professor Otto Kahn-Freund. As a prominent critic, notably of the Court of Justice’s efforts to unify European private international law.

Litigation

Litigation Litigating Civil Law Law School

The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Conflict of Laws

JULY 9, 2021

When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.

Court

Court Procedural Law Litigation Litigating

A Critique On The Territorial Jurisdiction Of Courts In India

LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

Cause of Action

Cause of Action Court Entertainment Laws

First View of Third Issue of ICLQ

Conflict of Laws

JULY 7, 2022

Ardavan Arzandeh, “ Brownlie II and The Service-Out Jurisdiction under English Law” FS Cairo (Nile Plaza) LLC v Brownlie ( Brownlie II ) is arguably the United Kingdom’s highest appellate court’s most significant decision this century on a private international law question.

Personal Injury

Personal Injury Civil Law Contract Laws

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

DECEMBER 12, 2020

By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn.

Laws

Laws Court Contract Legal

Service of process on a Russian defendant by e-mail. International treaties on legal assistance in civil and family matters and new technologies

Conflict of Laws

SEPTEMBER 16, 2021

The Decree of the Arbitrazh (Commercial) Court of the Volga District of December 23, 2019 N F06-55840 / 2019 docket numberN A12-20691 / 2019, addresses service of process on the Russian party by the Cypriot court by e-mail and thus the possibility of further recognition of a foreign judgment. Factual background. 8 of the Treaty.

Legal Assistant

Legal Assistant Legal Assistance Technology Legal

The Convergence of Judicial Rules between Mainland China and Hong Kong has Reached a Higher Level

Conflict of Laws

JANUARY 7, 2024

Articles 1, 2, and 4 are provisions that positively state the scope of recognition and enforcement of civil and commercial judgments in the two regions; Articles 3, 5, 12, and 13 are provisions that clearly recognize and enforce the scope of civil and commercial judgments of the courts of the two regions.

Punitive Damages

Punitive Damages Real Estate Court Legal

New York’s Appellate Division Holds that Chinese Judgment Should Not Be Denied Enforcement on Systemic Due Process Grounds

Conflict of Laws

MARCH 15, 2022

Dodge (Professor, University of California, Davis, School of Law). Should courts in the United States refuse to recognize and enforcement Chinese court judgments on the ground that China does not provide impartial tribunals or procedures compatible with the requirements of due process of law?

Government

Government Court Civil Law Laws

What is an international contract within the meaning of Article 3(3) Rome I? – Dexia Crediop SpA v Provincia di Pesaro e Urbino [2022] EWHC 2410 (Comm)

Conflict of Laws

OCTOBER 21, 2022

The following comment has been kindly provided by Sarah Ott, a doctoral student and research assistant at the University of Freiburg (Germany), Institute for Comparative and Private International Law, Dept. It is also a continuation of the English courts’ case law on contractual choice of law clauses.

Contract

Contract Court Laws Government

Giustizia consensuale No 1/2023: Abstracts

Conflict of Laws

SEPTEMBER 15, 2023

These contracts – recurrently used by the Italian lawmaker, also for the implementation of the Recovery and Resilience Plan (NRRP) for strategic interventions, especially in the area of territorial cohesion – allow the Administrations involved to define their respective spheres of intervention while also preventing possible conflicts between them.

Legal

Legal Legal Education Contract

Legalities of Third-Party Funding in India: The Road Ahead

LexForti

AUGUST 9, 2021

These states have amended Order XXV Rule 1 of the Civil Procedure Code to consent to third-party funding. These amendments empower civil courts to have the power to ask the financing party to pay for securing costs in a litigation matter. It gives strength to courts to order to deposit the fees in the court.

Legal

Legal Legal Finance Litigation

Third-party arbitration funding – Comparative analysis and Indian Perspective

LexForti

JUNE 2, 2022

The Apex Court itself identified these outrageous costs as one of the major reasons responsible for the hindrance to the growth of arbitration [12]. Common law traditions that are being followed in India have been acquired from the UK but still the doctrines of “maintenance” and “champerty” have not been followed strictly here.

Finance

Finance Litigation Litigating Contract

Decoding International Arbitration

InHouseOps

JUNE 13, 2022

Martinez: These cases can be highly complex and involve huge multinationals with global contracts and disputes based on large monetary claims and may include IP issues. First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice.

Punitive Damages

Punitive Damages Healthcare Drafting Technology

A few thoughts on Golan v. Saada – this week at the US Supreme Court

Conflict of Laws

MARCH 21, 2022

Saada (20-1034) will take place tomorrow (Tuesday 22 March 2022) at 10 am Washington DC time before the US Supreme Court. Please note that US courts often use the terms “ameliorative measures” and “undertakings” interchangeably (as stated in the petition). The discretion of the court is thus key. Written by Mayela Celis, UNED.

Court

Court Civil Law Legal Legal

Is Chinese Judicial Mediation Settlement ‘Judgment’ in Private International Law?

Conflict of Laws

JULY 14, 2022

Judicial mediation is a unique dispute resolution mechanism in Chinese civil procedure. Wherever civil disputes are brought to the court, the judge should, based on parties’ consent, mediate before adjudicating. Zilin Hao, Anjie Law Firm, Beijing, China. Judicial Mediation Settlement can be classified as ‘Judgment’.

Laws

Laws Procedural Law Court Legal

‘Giustizia consensuale’: A New Law Journal on Consensual Justice in Its Many Nuances and Forms

Conflict of Laws

JULY 11, 2021

From the Italian Recovery and Resilience Plan to the guidelines of the Italian Ministry of Justice, the urgency of a reform to strengthen out-of-court dispute resolution procedures clearly emerges. In this article, the author argues that these court orders are against the above-mentioned Legislative Decree.

Laws

Laws Litigation Litigating Court

The Need for an Uniform Civil Code in the Modern India

LexForti

AUGUST 7, 2021

Every religious practice has its civil law or particular law administrating its exclusive matters such as Marriage, Divorce, Maintenance, inheritance, and succession, etc. The Major Aspects Which Fabricated The Need For An Universal Civil Law. MUSLIM LAW HINDU LAW 1. The differences are-.

Divorce

Divorce Laws Government Civil Law

Paralegal Brief

Implied Jurisdiction Agreements in International Commercial Contracts

Austria Supreme Court refers Facebook data collection questions to ECJ

Trending Sources

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Chinese Case Law Collection Adds to the CISG’s Jurisconsultorium: Reflections on the United Nations Convention on Contracts for the International Sale of Goods and its Domestic Implementations

Promulgation of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of International Treaties and International Practices in the Trial of Foreign-related Civil and Commercial Cases

Hague Service Convention Enters into Force in Singapore

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

The New Saudi Civil Transaction Act and its Potential Impact on Private International Law in Saudi Arabia

A Guide to Common Paralegal Studies Classes

Third Issue of Journal of Private International Law for 2023

New issue alert: RabelsZ 2/2021

Symposium for Trevor Hartley at LSE on 27 October 2023

The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

A Critique On The Territorial Jurisdiction Of Courts In India

First View of Third Issue of ICLQ

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Service of process on a Russian defendant by e-mail. International treaties on legal assistance in civil and family matters and new technologies

The Convergence of Judicial Rules between Mainland China and Hong Kong has Reached a Higher Level

New York’s Appellate Division Holds that Chinese Judgment Should Not Be Denied Enforcement on Systemic Due Process Grounds

What is an international contract within the meaning of Article 3(3) Rome I? – Dexia Crediop SpA v Provincia di Pesaro e Urbino [2022] EWHC 2410 (Comm)

Giustizia consensuale No 1/2023: Abstracts

Legalities of Third-Party Funding in India: The Road Ahead

Third-party arbitration funding – Comparative analysis and Indian Perspective

Decoding International Arbitration

A few thoughts on Golan v. Saada – this week at the US Supreme Court

Is Chinese Judicial Mediation Settlement ‘Judgment’ in Private International Law?

‘Giustizia consensuale’: A New Law Journal on Consensual Justice in Its Many Nuances and Forms

The Need for an Uniform Civil Code in the Modern India

Stay Connected