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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. 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.

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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
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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

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.

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Out now: Nishioka / Nishitani, “Japanese Private International Law”; Jolly / Khanderia, “Indian Private International Law”

Conflict of Laws

In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. Likewise, “ Indian Private International Law ” certainly contains the currently leading reference to Indian private international law in English.

Laws 52
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Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

This study aims to explore these changes and assess the scope and judicial interpretation of amendment of pleadings in Civil procedure with a doctrinal legal research method by using primary sources like cases, statutes, legal commentary and reports. Keywords- Amendment of Pleadings, Civil Procedure Code 1908.

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A European Perspective on the Federalization of Shareholders’ Rights

Fordham Law News

[4] Moreover, Delaware law promotes shareholder value maximization through the allocation of duties of loyalty and care on directors; this entails heavy reliance on court-litigation, not incidentally consistent with a substantial turnover for local lawyers, [5] rather than on direct shareholders’ engagement. 833, 874 (2005). [18]

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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

Climate litigation in Germany has achieved another major victory. The judgment and the underlying (political and legal) conflicts are also interesting beyond their German relevance, as the case raises fundamental questions for climate governance. However, this has not occurred, again due to resistance from the FDP.