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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.

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The EU’s Response to National Judicial Determinations of FRAND Royalty Rates

Patently O

The Leaked Draft Even before the official release of the EU Proposal, a significant amount of material has become publicly available. 36 would require SEP holders and implementers of FRAND-encumbered standards to request a FRAND rate determination by the Centre prior to initiating litigation over SEPs in a European court; 4 – Art.

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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. Finally, this second chapter discusses the limits on choice of law, such as public policy and mandatory rules.

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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 is the reason the Civil Jurisprudence emphasizes that a pleading must be carefully drafted and therefore, must contain only relevant material facts with no application of law, must not include the evidence provided to further substantiate the claim and must be in a concise form. Law of Limitation. 19] Baldev Singh v.

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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]