Civil Law, Contract, Laws and Litigating

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).

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

Symposium for Trevor Hartley at LSE on 27 October 2023

Conflict of Laws

SEPTEMBER 22, 2023

Written by Ugljesa Grusic, Associate Professor at University College London, Faculty of Laws Jacco Bomhoff (LSE) , Ugljesa Grusic and Manuel Penades (KCL) are pleased to announce that the LSE Law School will host a symposium to celebrate the scholarly work of emeritus professor Trevor C Hartley.

Litigation

Litigation Litigating Civil Law Law School

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

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

Conflict of Laws

JULY 14, 2022

Zilin Hao, Anjie Law Firm, Beijing, China. In Chinese civil trial practice, there are two types of legal document to merits issued by courts that has the res judicata effect, namely Minshi Panjue Shu (“MPS”) (civil judgment) and Minshi Tiaojie Shu (“MTS”). Two commentors provide different views on this matter.

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

Notes on Law, Psychology, and Practice ; in Italian). Neil Andrews (University of Cambridge), Procedure, Party Agreement, and Contract (in English). If they have chosen (a), the parties might stipulate which court and in which jurisdiction the matter will be litigated. Conciliazione nell’arbitrato. Conciliation in Arbitration.

Laws

Laws Litigation Litigating Court

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

LexForti

AUGUST 9, 2021

There are various types of third-party funding in international arbitration, such as litigation funding, success based legal fee arrangement, loan agreements, insurance policy, etc. TPF helps cover the cost of litigation, especially in arbitration proceedings where disputes involve monetary amounts in generous quantities.

Legal

Legal Legal Finance Litigation

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

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

Conflict of Laws

JANUARY 7, 2024

Mainland-Hong Kong Choice of Court Arrangement stipulates that, according to the law of the requested party, if the requested court has exclusive jurisdiction over the case, it shall not recognize and enforce it, that is, adopt the “exclusive jurisdiction exclusion” model.

Punitive Damages

Punitive Damages Real Estate Court Legal

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

Conflict of Laws

JULY 9, 2021

(This post is provided by Zeyu Huang, who is an associate attorney of Hui Zhong Law Firm based in Shenzhen. Mr. Huang obtained his LLB degree from the Remin University of China Law School. He is also a PhD candidate & LLM at the Faculty of Law in University of Macau.

Court

Court Procedural Law Litigation Litigating

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? Supreme Court’s 1895 decision in Hilton v.

Government

Government Court Civil Law Laws

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. Maintenance referred to the involvement of a third party that was unrelated to the proceedings and someone who did not have a locus.

Finance

Finance Litigation Litigating Contract

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

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

Symposium for Trevor Hartley at LSE on 27 October 2023

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?

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

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

Giustizia consensuale No 1/2023: Abstracts

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

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

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

Third-party arbitration funding – Comparative analysis and Indian Perspective

A Critique On The Territorial Jurisdiction Of Courts In India

Stay Connected