Remove Civil Law Remove Legal Remove Litigating Remove Procedural Law
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. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.

article thumbnail

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. ———-.

Court 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

Laws 98
article thumbnail

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.

article thumbnail

Is Chinese Judicial Mediation Settlement ‘Judgment’ in Private International Law?

Conflict of Laws

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
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. 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.