Civil Law, Contract and Litigating

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

FEBRUARY 18, 2024

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.

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

The first panel will focus on global and comparative private international law. The second panel will examine contemporary English conflict of laws, through the lens of Trevor’s famous ICLQ article on the systematic dismantling of the common law of conflict of laws.

Litigation

Litigation Litigating Civil Law Law School

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 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

Under the Civil Procedure Law of China (CPL), the general rule of territorial jurisdiction is that a civil action shall be brought in the People’s Court of the place in which the defendant is domiciled subject to various exceptions grouped together under the title of “special jurisdictions”. [9]

Laws

Laws Court Contract Legal

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

Conflict of Laws

JANUARY 7, 2024

Moreover, REJ Arrangement clearly unifies the criteria for determining the jurisdiction of the court of first instance, which can effectively reduce the occurrence of parallel litigation and enhance the predictability and stability of litigation.

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

Article 51 of the PRC Maritime Special Procedure Law provides that the maritime court may upon the application of a maritime claimant issue a maritime injunction to compel the respondent to do or not to do certain acts in order to protect the claimant’s lawful rights and interests from being infringed. [4] ———-.

Court

Court Procedural Law Litigation Litigating

Third-party arbitration funding – Comparative analysis and Indian Perspective

LexForti

JUNE 2, 2022

It was clearly pronounced that “there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation” [18]. It is advised that certain safeguards be explicitly mentioned in the financing contract and conflict-of-interest guidelines. Balaji [17].

Finance

Finance Litigation Litigating Contract

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

But more fundamentally, reliance on the Country Reports was inappropriate because they “primarily discuss the lack of judicial independence in proceedings involving politically sensitive matters” and “do not utterly refute plaintiff’s allegation that the civil law system governing this breach of contract business dispute was fair.”.

Government

Government Court Civil Law Laws

A Critique On The Territorial Jurisdiction Of Courts In India

LexForti

JUNE 4, 2021

In totality, it is highly essential to deliberate and get a critical understanding of the concept of jurisdiction, given a misinterpretation of the relevant provisions can culminate to costs and a time-consuming procedure in matters of litigation.

Cause of Action

Cause of Action Court Entertainment Laws

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

Conflict of Laws

JULY 11, 2021

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. In this piece the author considers three points of interaction between agreement and procedure. (1)

Laws

Laws Litigation Litigating Court

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

Conflict of Laws

JULY 14, 2022

Once a written mediation statement based on the mediation agreement reached by parties is made by the judges and served to litigant parties, the judicial mediation settlement shall come into effect. The common law and civil law view the notion of judicial power differently.

Laws

Laws Procedural Law Court Legal

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

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

Giustizia consensuale No 1/2023: Abstracts

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?

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

Third-party arbitration funding – Comparative analysis and Indian Perspective

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

A Critique On The Territorial Jurisdiction Of Courts In India

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

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

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