Conflict of Laws
APRIL 13, 2023
The different characterization of limitation as a procedural or substantive issue adds more to the complexity. The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law. Interestingly, the Singapore Court of Appeal in BBA v.
Conflict of Laws
JULY 9, 2021
When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.
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Conflict of Laws
AUGUST 23, 2023
The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Finally, this second chapter discusses the limits on choice of law, such as public policy and mandatory rules.
Conflict of Laws
DECEMBER 12, 2020
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. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn.
LexForti
NOVEMBER 5, 2021
Considering this principle, parties in a civil suit enjoyed unrestricted access to modify their pleadings under Order VI Rule 17 of the Indian Civil Procedure Code, 1908. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction. Order VI Rule 17 applies to such situations. 6] Order VI Rule 17.
Conflict of Laws
JULY 14, 2022
Judicial mediation is a unique dispute resolution mechanism in Chinese civil procedure. Wherever civil disputes are brought to the court, the judge should, based on parties’ consent, mediate before adjudicating. Zilin Hao, Anjie Law Firm, Beijing, China. What is a judicial mediation settlement.
InHouseOps
JUNE 13, 2022
First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice. You want to have an exit strategy that provides for arbitration where no party has a home court advantage thereby having the dispute placed in neutral forum.
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