Conflict of Laws
FEBRUARY 18, 2024
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. We find limited consensus on the conduct that demonstrates implied consent or agreement to litigate in a particular forum.
Conflict of Laws
SEPTEMBER 22, 2023
It is organised around some of the main themes of Trevor’s private international law scholarship. The first panel will focus on global and comparative private international law. It is organised around some of the main themes of Trevor’s private international law scholarship.
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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.
Conflict of Laws
JANUARY 30, 2024
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? Gakkai ) (hereinafter “PILAJ”). The PILAJ was founded in 1949 as an academic organization.
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.
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.
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.
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