Civil Law, Contract, Government and Laws

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

FEBRUARY 18, 2024

Authors: Abubakri Yekini (Lecturer in Conflict of Laws at the University of Manchester) and Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham, Senior Research Associate at the University of Johannesburg). Articles 3(c) and 5(1) address formal and substantive validity.

Contract

Contract Litigation Litigating Civil Law

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

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

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. Pursuant to Art. Translation via Jie Luo.).

Contract

Contract Laws Civil Law Legal

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

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

Conflict of Laws

JUNE 24, 2023

The Kingdom of Saudi Arabia (KSA) has recently enacted a new Civil Transactions Law (Royal Decree No. The law will enter into force on December 16, 2023, 180 days after its enactment (hereinafter referred to as “the new law”). M/199, dated June 16, 2023). M/73 of 9 March 2022, entered into force on June 18, 2022).

Civil Law

Civil Law Laws Legal 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

We translated the press announcement as follows: Background and Significance of the Interpretation People’s courts face the important issue of how international treaties and international practices are applied domestically in foreign-related civil and commercial trials. Pacta sunt servanda” is a fundamental principle in treaty law.

Court

Court Construction 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

—What Role has Private International Law Played? 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. Email: zhengxinh@cupl.edu.cn. Summary of Facts.

Laws

Laws Court Contract Legal

A Guide to Common Paralegal Studies Classes

How To Become A Paralegal

APRIL 30, 2018

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. It could even be a government agency. Criminal Law.

Paralegal Studies

Paralegal Studies Paralegal Paralegals Legal Research

This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention

Conflict of Laws

OCTOBER 9, 2023

The SC invited Contracting States, which have not done so already, to consider designating, in accordance with the Emerging Guidance regarding the Development of the IHNJ, one or more members of the judiciary for the purpose of direct judicial communications within the context of the IHNJ. It is submitted the following: 55.

Contract

Contract Civil Law Drafting Laws

First View of Third Issue of ICLQ

Conflict of Laws

JULY 7, 2022

The first view of two recent private international law articles have recently appeared in International and Comparative Law Quarterly. 9)(a) of Practice Direction 6B of the Civil Procedure Rules. It also examines the court’s pronouncements on the other question before it concerning proof of foreign law.

Personal Injury

Personal Injury Civil Law Contract Laws

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? Moreover, U.S.

Government

Government Court Civil Law Laws

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

Kostin, Senior Research Fellow at the Private Law Research Centre (Moscow, Russia) and counsel atAvangard law firm. and Valeria Rzyanina, junior associate, Avangard Law Firm. The following are excerpts from case law. Written by Alexander A. ” 2.2.

Legal Assistant

Legal Assistant Legal Assistance Technology Legal

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

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

Third-party arbitration funding – Comparative analysis and Indian Perspective

LexForti

JUNE 2, 2022

Third-party funding is rather a new concept and was adapted by many legislations only recently due to the illegality of the doctrines of maintenance and champerty in common-law jurisdictions in the past. The concept of TPF, though accepted explicitly by the law of the land, has two sides to it similar to the way of a coin.

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. We know this because when we receive their awards we see their experience through and the quality of their analysis of the case and application of the law.

Punitive Damages

Punitive Damages Healthcare Drafting Technology

The Need for an Uniform Civil Code in the Modern India

LexForti

AUGUST 7, 2021

All the ideologies have their particular law while dealing with exclusive matters of their followers. The article also provides recommendations for the better application of universal law in the country. Till now the Goa is the only state of India that realizes the need for a universal civil code and enacted it as a law in its state.

Divorce

Divorce Laws Government Civil Law

Paralegal Brief

Implied Jurisdiction Agreements in International Commercial Contracts

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

Trending Sources

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

Third Issue of Journal of Private International Law for 2023

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

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

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?

A Guide to Common Paralegal Studies Classes

This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention

First View of Third Issue of ICLQ

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

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

A Critique On The Territorial Jurisdiction Of Courts In India

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)

Third-party arbitration funding – Comparative analysis and Indian Perspective

Decoding International Arbitration

The Need for an Uniform Civil Code in the Modern India

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