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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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25th Volume of the Japanese Yearbook of Private International Law (2023)

Conflict of Laws

The Japanese Yearbook of Private International Law ( kokusai shiho nenpo ) (hereinafter “JYPIL”) is an annual publication of the Private International Law Association of Japan ( kokusai shih? ’ Proposing a name change to conflicts law studies, the author emphasizes the need for a broader approach.

Laws 57
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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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Giustizia consensuale No 1/2023: Abstracts

Conflict of Laws

Whilst doing so, it makes a contribution to the question of whether the de-judicialisation taking place in Italy and elsewhere, as well as in the international legal system, can be considered a step in the right direction. role of lawyers and their suitability to perform the function of rebalancing the asymmetries in the parties’ power.

Legal 57
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The Convergence of Judicial Rules between Mainland China and Hong Kong has Reached a Higher Level

Conflict of Laws

By Du Tao* and Jingwei Qiu** With the increasingly close personnel exchanges and deepening economic cooperation between Mainland China and Hong Kong, the number and types of legal disputes between the two regions have also increased.

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

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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The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Conflict of Laws

Following that, the real question is whether and how anti-suit injunction is compatible with Chinese law. Some argued that Article 100 of the PRC CPL provides a legal basis for granting injunctions having similar effects with anti-suit injunction at common law. [2] The SPC’s injunction in Huawei v. ———-.

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