Conflict of Laws

JULY 6, 2022

In a new paper forthcoming in the American Journal of International Law, we set out to determine how many members of the Standing International Forum of Commercial Courts hire such “traveling judges,” who they are, why they are hired, and why they serve. Nearly two-thirds had at least one law degree from a UK university.

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Court Civil Law Litigation Litigating 97

Conflict of Laws

AUGUST 7, 2023

Now published on SSRN , Paul Herrup and Ron Brand from the University of Pittsburgh School of Law have taken “A Further Look at a Hague Convention on Concurrent Proceedings.” Differing interpretations of the directions given to those doing the work has led to situations in which the participants have been speaking past each other.

Civil Law 52

Civil Law Litigation Litigating Laws 52

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 52

Contract Laws Civil Law Procedural Law 52

LegalReader

SEPTEMBER 24, 2021

Unless you’re well versed in civil law, specifically family and property laws, an attorney experienced in these types of cases will be able to help you get the best out of a messy situation.

Civil Law 104

Civil Law Lawyer Lawyers Attorney 104

Conflict of Laws

NOVEMBER 29, 2021

“ Japanese Private International Law ” certainly contains the currently leading reference to Japanese private international law in English. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement.

Laws 52

Laws Divorce Civil Law Drafting 52

Conflict of Laws

SEPTEMBER 22, 2023

Courts in Anglophone Africa, and especially those in Nigeria and the Republic of South Africa, have recently given guidance to litigants on the requirements which have to be satisfied in order to obtain anti-suit relief. The text is available to order from Juta and Amazon.

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Litigation Litigating Civil Law Laws 45

LegalReader

MAY 31, 2022

An interesting “intersection” between criminal and civil law regarding bodily and personal injury is wrongful death.

Personal Injury 104

Personal Injury Civil Law Personal Injury Attorney Personal Injury Lawyer 104

Conflict of Laws

OCTOBER 6, 2021

Published by Hart/Bloomsbury as a part of their Asia-Private International Law Series, this provides an authoritative account of the evolution and application of private international law principles in India in civil, commercial and family matters.

Laws 52

Laws Divorce Civil Law Law School 52

Conflict of Laws

JULY 25, 2022

In their most recent article on A Hague Convention on Parallel Proceedings , 63 HARVARD INTERNATIONAL LAW JOURNAL ONLINE 1 (2022), Ron Brand and Paul Herrup argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts.

Litigation 40

Litigation Litigating Civil Law Laws 40

The Crime Report

NOVEMBER 10, 2021

Based on four months of research and insights from policing officials, criminal and civil law attorneys, and community leaders, Morganelli proposed four major changes that could form part of new legislation. He recommended placing “backstop liability” with the law enforcement agency that employed the officer.

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Litigation Litigating Case Management Civil Law 121

Conflict of Laws

SEPTEMBER 22, 2023

Written by Ugljesa Grusic, Associate Professor at University College London, Faculty of Laws Jacco Bomhoff (LSE) , Ugljesa Grusic and Manuel Penades (KCL) are pleased to announce that the LSE Law School will host a symposium to celebrate the scholarly work of emeritus professor Trevor C Hartley.

Litigation 45

Litigation Litigating Civil Law Law School 45

LegalReader

APRIL 22, 2022

Child liability has been around for many years and is still a part of our civil law system. Under this doctrine, parents are responsible for the acts and injuries of their children.

Civil Law 59

Civil Law Laws Litigation Litigating 59

Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? 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. Choice of Law Issue: Lex Rei Sitae = Lex Furti ? Email: zhengxinh@cupl.edu.cn.

Laws 98

Laws Court Contract Legal 98

ClimateChange-ClimateLaw

JUNE 26, 2023

On March 9, 2023, the Japanese Supreme Court refused to hear the first climate change litigation brought before it without specifying substantive reasons. Background information about the general climate context and litigation in Japan is available in a previous blog post. Citizens’ Committee on the Kobe Coal-Fired Power Plant v.

Court 108

Court Construction Litigation Litigating 108

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough.

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Litigation Litigating Laws Tort 68

JURIST

MARCH 24, 2022

The Supreme Court granted cert, and on Wednesday, the question presented before the Court was: Whether 28 USC § 1782(a), which permits litigants to invoke the authority of United States courts to render assistance in gathering evidence for use in “a foreign or international tribunal,” encompasses private commercial arbitral tribunals, as the U.S.

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Court Statute Government Litigation 193

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 52

Legal Legal Finance Litigation 52

Conflict of Laws

JANUARY 7, 2024

Mainland-Hong Kong Choice of Court Arrangement stipulates that, according to the law of the requested party, if the requested court has exclusive jurisdiction over the case, it shall not recognize and enforce it, that is, adopt the “exclusive jurisdiction exclusion” model.

Punitive Damages 71

Punitive Damages Real Estate Court Legal 71

Conflict of Laws

SEPTEMBER 15, 2023

In doing so, this paper aims to assess the usefulness and appropriateness of such agreements, also in the light of the economic analysis of the law and of the growing regulatory competition of States vis-à-vis cross-border legal relations as well as jurisdiction, in case a dispute arises. Will the promise of mediation be finally fulfilled?

Legal 58

Legal Legal Education Contract 58

Conflict of Laws

JULY 9, 2021

(This post is provided by Zeyu Huang, who is an associate attorney of Hui Zhong Law Firm based in Shenzhen. Mr. Huang obtained his LLB degree from the Remin University of China Law School. He is also a PhD candidate & LLM at the Faculty of Law in University of Macau.

Court 52

Court Procedural Law Litigation Litigating 52

Conflict of Laws

JUNE 30, 2022

In January 2022, the SPC published the 2021 Conference Summary with regard to cross-border civil and commercial litigation, which addresses a number of core issues concerning the recognition and enforcement of foreign judgments in China. However, this situation is now changed.

Punitive Damages 52

Punitive Damages Court Civil Law Legal 52

Conflict of Laws

MARCH 15, 2022

Dodge (Professor, University of California, Davis, School of Law). Should courts in the United States refuse to recognize and enforcement Chinese court judgments on the ground that China does not provide impartial tribunals or procedures compatible with the requirements of due process of law? Supreme Court’s 1895 decision in Hilton v.

Government 40

Government Court Civil Law Laws 40

LexForti

NOVEMBER 5, 2021

Maitreyi Choalla, a student of Gujarat National Law University explains the nuances of Amendment of Pleadings under Order VI, Rule 17 of Civil Procedure Code, 1908. In most cases, a country’s judicial system is designed to uphold the rule of law. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction.

Diligence 52

Diligence Cause of Action Court Litigation 52

Patently O

APRIL 13, 2023

Needless to say, a pre-release draft of proposed legislation does not carry the force of law, and as noted by Intellectual Asset Management and others , a lengthy legislative process lies ahead during which the EU Proposal could substantially change or be scuttled entirely.

Drafting 58

Drafting Court Litigation Litigating 58

Conflict of Laws

JULY 14, 2022

Zilin Hao, Anjie Law Firm, Beijing, China. In Chinese civil trial practice, there are two types of legal document to merits issued by courts that has the res judicata effect, namely Minshi Panjue Shu (“MPS”) (civil judgment) and Minshi Tiaojie Shu (“MTS”). Two commentors provide different views on this matter.

Laws 52

Laws Procedural Law Court Legal 52

LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

Cause of Action 52

Cause of Action Court Entertainment Laws 52

LexForti

JUNE 2, 2022

Third-party funding is rather a new concept and was adapted by many legislations only recently due to the illegality of the doctrines of maintenance and champerty in common-law jurisdictions in the past. The concept of TPF, though accepted explicitly by the law of the land, has two sides to it similar to the way of a coin. Balaji [17].

Finance 52

Finance Litigation Litigating Contract 52

Conflict of Laws

JANUARY 21, 2021

From the publisher’ site : About Climate Change Litigation. This book investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). Table Of Contents.

Litigation 52

Litigation Litigating Tort Civil Law 52

Fordham Law News

MARCH 24, 2021

One of the most discussed question within the field of corporate law is whether the competition among States in the ‘incorporation’ business leads to the enhancement of corporate law, or to its detriment. Introduction. The European experience.

Government 40

Government Laws Litigation Litigating 40

Conflict of Laws

JULY 11, 2021

Notes on Law, Psychology, and Practice ; in Italian). If they have chosen (a), the parties might stipulate which court and in which jurisdiction the matter will be litigated. The use of alternative dispute resolution mechanisms in public interest litigation brings both substantial and procedural advantages.

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Laws Litigation Litigating Court 76

LegalTalkNetwork

FEBRUARY 5, 2019

ABA Midyear Meeting 2019: Conversion Therapy: Laws, Policy, Advocacy, and Awareness in the United States and Beyond. ABA Midyear Meeting 2019: ABA Public Interest Law and Pro Bono Opportunities. #ABAMidYear @ABAesq @BarPresidents @LaurenceEsq pic.twitter.com/aKfxmEQMV1 — Legal Talk Network (@LegalTalkNet) January 25, 2019.

Legal Research 40

Legal Research Immigration Legal Legal 40

Conflict of Laws

MAY 18, 2023

The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law ( Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 , on appeal from [2021] EWCA Civ 63 ). This was a one-off event and not a continuing nuisance.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

ClimateChange-ClimateLaw

DECEMBER 12, 2023

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.

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