Remove Civil Law Remove Drafting Remove Litigating Remove Maine
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. We find limited consensus on the conduct that demonstrates implied consent or agreement to litigate in a particular forum.

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

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.

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

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]

article thumbnail

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. Against this backdrop, the decision of the Higher Administrative Court must also be understood as part of a new wave of climate litigation. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v.