Remove Civil Law Remove Contract Remove Lawyer Remove Litigation
article thumbnail

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

Explicit jurisdiction clauses offer cross-border litigants the benefit of predictability by allowing them to anticipate where disputes arising from their commercial transactions will be resolved. In our latest article , published in the 2023 edition of the Journal of Private International Law , vol.

article thumbnail

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

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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

LexForti

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 52
article thumbnail

Giustizia consensuale No 1/2023: Abstracts

Conflict of Laws

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 57
article thumbnail

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

6] Lawyers of both sides were present both at the hearings and the pronouncement of the judgement. In international civil litigation, many cases involve a foreign defendant not domiciled or residing within China. Article 265 of the CPL prescribes the following: [11].

Laws 98
article thumbnail

Third-party arbitration funding – Comparative analysis and Indian Perspective

LexForti

There is no express law against Third-party arbitration funding unless it is done by lawyers as can be understood on a conjoint reading of the Bar Council of India rules. The BCI Rules do not permit such an arrangement [21] as this may hamper the professional services furthered by a lawyer. Balaji [17]. CONFIDENTIALITY.

Finance 52
article thumbnail

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

Conflict of Laws

Both Uniform Acts provide for the nonrecognition of a foreign judgment if “the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law.”. Guyot , issued at a time when lawyers routinely distinguished between civilized and uncivilized nations.