Conflict of Laws

JULY 6, 2022

These courts are designed to accommodate foreign litigants and transnational litigation—and inevitably, conflicts of laws. Nearly two-thirds had at least one law degree from a UK university. Common law courts may be especially amenable to traveling judges.

Court 97

Court Civil Law Litigation Litigating 97

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.

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Court Construction Litigation Litigating 108

Conflict of Laws

JANUARY 30, 2024

In particular, it examines the recognition of ancillary judgments in divorce cases, concluding that they fall under article 118 of the Code of Civil Procedure. The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children.

Laws 57

Laws Divorce Legal Legal 57

Conflict of Laws

AUGUST 23, 2023

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.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

OCTOBER 6, 2021

Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards.

Laws 52

Laws Divorce Civil Law Law School 52

Conflict of Laws

SEPTEMBER 15, 2023

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

Legal Legal Education Contract 57

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

Conflict of Laws

JANUARY 7, 2024

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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Punitive Damages Real Estate Court Legal 70

Conflict of Laws

NOVEMBER 29, 2021

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. For those who are particularly interested in unified or harmonized global PIL Chapter 6, still rather short (pp.

Laws 52

Laws Divorce Civil Law Drafting 52

Conflict of Laws

JUNE 30, 2022

Key takeaways: Despite the fact that the elaboration of a judicial interpretation appears to have been put on hold, China’s Supreme People’s Court has now resorted to conference summaries, which are not legally binding but have a practical impact, to express its views in recognition and enforcement of foreign judgments.

Punitive Damages 52

Punitive Damages Court Civil Law Legal 52

Conflict of Laws

DECEMBER 12, 2020

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

Laws Court Contract Legal 98

LexForti

NOVEMBER 5, 2021

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.

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Diligence Cause of Action Court Litigation 52

Conflict of Laws

JULY 9, 2021

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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Court Procedural Law Litigation Litigating 52

LexForti

JUNE 2, 2022

It was clearly pronounced that “there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation” [18]. As a result, in terms of arbitration proceedings, TPF’s legality cannot be questioned [32]. Balaji [17]. DEGREE OF CONTROL. UNITED KINGDOM.

Finance 52

Finance Litigation Litigating Contract 52

Conflict of Laws

MARCH 15, 2022

But more fundamentally, reliance on the Country Reports was inappropriate because they “primarily discuss the lack of judicial independence in proceedings involving politically sensitive matters” and “do not utterly refute plaintiff’s allegation that the civil law system governing this breach of contract business dispute was fair.”.

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Government Court Civil Law Laws 40

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). CONCLUSIONS.

Litigation 52

Litigation Litigating Tort Civil Law 52

LexForti

JUNE 4, 2021

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute.

Cause of Action 52

Cause of Action Court Entertainment Laws 52

LegalTalkNetwork

FEBRUARY 5, 2019

Per the usual, there was a lot more going on than we could possibly cover but we did manage to feature highlights from the best volunteers and minds in the legal profession. ABAMidYear @ABAesq @BarPresidents @LaurenceEsq pic.twitter.com/aKfxmEQMV1 — Legal Talk Network (@LegalTalkNet) January 25, 2019. hails from Butte, Montana.

Legal Research 40

Legal Research Immigration Legal Legal 40

Fordham Law News

MARCH 24, 2021

[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]

Government 40

Government Laws Litigation Litigating 40

Conflict of Laws

JULY 11, 2021

Notes on Law, Psychology, and Practice ; in Italian). It first analyses the conceptual, legal and systematic differences between conciliation and arbitration, with references to some areas of partial overlap (such as, for example, the one now opened by the Singapore Convention of 2019).

Laws 76

Laws Litigation Litigating Court 76

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

ClimateChange-ClimateLaw

DECEMBER 12, 2023

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.

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Litigation Litigating Government Court 142

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 ). The case at hand is an appeal on a part of an earlier rulings.

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Cause of Action Court Tort Civil Law 40