Conflict of Laws

OCTOBER 5, 2023

This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements.

Laws 61

Laws Civil Law Litigation Litigating 61

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.

Litigation 44

Litigation Litigating Civil Law Laws 44

Conflict of Laws

JULY 6, 2022

These courts are designed to accommodate foreign litigants and transnational litigation—and inevitably, conflicts of laws. Our article suggests that traveling judges are a nearly entirely common law phenomenon—only a handful of judges were from mixed jurisdictions and only one was a civil law judge.

Court 97

Court Civil Law Litigation Litigating 97

Conflict of Laws

AUGUST 7, 2023

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

SEPTEMBER 22, 2023

The first panel will focus on global and comparative private international law. The second panel will examine contemporary English conflict of laws, through the lens of Trevor’s famous ICLQ article on the systematic dismantling of the common law of conflict of laws.

Litigation 44

Litigation Litigating Civil Law Law School 44

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

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

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

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.

Litigation 68

Litigation Litigating Laws Tort 68

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

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.

Court 193

Court Statute Government Litigation 193

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

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 paper examines the decision’s significance in private international law and its consistency with climate attribution science.

Laws 57

Laws Divorce Legal Legal 57

Conflict of Laws

OCTOBER 6, 2021

The book’s international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India’s private international law.

Laws 52

Laws Divorce Civil Law Law School 52

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

Contract 52

Contract Laws Civil Law Procedural Law 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

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

JANUARY 7, 2024

Moreover, REJ Arrangement clearly unifies the criteria for determining the jurisdiction of the court of first instance, which can effectively reduce the occurrence of parallel litigation and enhance the predictability and stability of litigation.

Punitive Damages 69

Punitive Damages Real Estate Court Legal 69

Patently O

APRIL 13, 2023

As noted in the cited articles, European courts, following civil law principles, have generally been averse to anti-suit injunctions in global FRAND cases, resulting in royalties for European patents largely being established elsewhere. Non-binding Effect on foreign FRAND determinations Overrides foreign FRAND determinations for U.S.

Drafting 58

Drafting Court Litigation Litigating 58

LexForti

NOVEMBER 5, 2021

Commencement of trial as used in proviso to Order 6 Rule 17 in the Code of Civil Procedure must be understood in the limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments. [19] Law of Limitation. Problems associated with Amending Pleadings in a Civil Suit.

Diligence 52

Diligence Cause of Action Court Litigation 52

Conflict of Laws

JULY 9, 2021

18] Interestingly enough, Germany, a typical civil law country, and other EU countries have also seemingly taken a U-turn by starting to issue anti-anti-suit injunctions in international litigation in response to anti-suit injunctions made by other foreign courts, especially the US court. [19]. The SPC’s injunction in Huawei v.

Court 52

Court Procedural Law Litigation Litigating 52

Conflict of Laws

SEPTEMBER 15, 2023

The Easy Opt-Out Model Settles the Perennial Dispute between Voluntary and Mandatory Mediation The contribution reflects on the desirability of soft regulation of mediation to strike a balance between the principle of voluntariness and providing a viable alternative to litigation, thus boosting the efficiency of the civil justice system.

Legal 57

Legal Legal Education Contract 57

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]. Litigation is a never-ending process and is only increasing in numbers as the hours pass by. Balaji [17]. IS INDIA READY FOR TPF?

Finance 52

Finance Litigation Litigating Contract 52

Conflict of Laws

DECEMBER 12, 2020

Under the Civil Procedure Law of China (CPL), the general rule of territorial jurisdiction is that a civil action shall be brought in the People’s Court of the place in which the defendant is domiciled subject to various exceptions grouped together under the title of “special jurisdictions”. [9] De dr. int. privé(1967). [16]

Laws 98

Laws Court Contract Legal 98

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.”.

Government 40

Government Court Civil Law Laws 40

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

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.

Litigation 142

Litigation Litigating Government Court 142

LexForti

JUNE 4, 2021

In totality, it is highly essential to deliberate and get a critical understanding of the concept of jurisdiction, given a misinterpretation of the relevant provisions can culminate to costs and a time-consuming procedure in matters of litigation.

Cause of Action 52

Cause of Action Court Entertainment Laws 52

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

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. Il frutto di un buon esercizio del diritto ( Mediation.

Laws 76

Laws Litigation Litigating Court 76

Conflict of Laws

MAY 18, 2023

The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here. This degree of detail is certainly not surprising, due to the relevance of English law for the Nigerian legal system. The case at hand is an appeal on a part of an earlier rulings.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Conflict of Laws

JULY 14, 2022

Once a written mediation statement based on the mediation agreement reached by parties is made by the judges and served to litigant parties, the judicial mediation settlement shall come into effect. The common law and civil law view the notion of judicial power differently.

Laws 52

Laws Procedural Law Court Legal 52

LegalTalkNetwork

FEBRUARY 5, 2019

Tune in to hear about their civility and litigation program. On this episode of On The Road, Law Library of Congress’ Barbara Bavis returns to the air to share her favorite free resources for legal research in areas like case law, state law, criminal law, civil law, international law, and more.

Legal Research 40

Legal Research Immigration Legal Legal 40