article thumbnail

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

These cross-border transactions present complex legal questions, such as the place where potential disputes will be adjudicated. This type of ‘unwritten’ jurisdiction agreement remains largely unexplored in the legal scholarship. 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

Austria Supreme Court refers Facebook data collection questions to ECJ

JURIST

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. He is credited with identifying the Cambridge Analytica-Facebook scandal.

Court 282
article thumbnail

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

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. Senior Lecturer, Department of Business Law and Taxation, Monash Business School.

article thumbnail

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

Conflict of Laws

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. One such issue is limitation.

Laws 98
article thumbnail

New Article in Uniform Law Review

Conflict of Laws

To achieve this, the article covers all relevant international, regional, and supranational instruments, and selected legal systems in Africa, Asia, Australasia, Europe, the Middle East, and North and South America.

Laws 40
article thumbnail

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

Conflict of Laws

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.