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Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Conflict of Laws

The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law. In essence, according to the DHC, passing of limitation bars a remedy, which would generally mean that limitation is a procedural law subject.

Laws 98
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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. Finally, this second chapter discusses the limits on choice of law, such as public policy and mandatory rules.

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

Conflict of Laws

Article 51 of the PRC Maritime Special Procedure Law provides that the maritime court may upon the application of a maritime claimant issue a maritime injunction to compel the respondent to do or not to do certain acts in order to protect the claimant’s lawful rights and interests from being infringed. [4] See Article 100, para.1

Court 52
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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

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] 8] Id, at pp. De dr. int.

Laws 98
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Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

Keywords- Amendment of Pleadings, Civil Procedure Code 1908. The principle followed in Civil Procedural Law is that the Court procedures and rules are designed to achieve substantial justice. Introduction.

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

Conflict of Laws

Article 125 also affirms that for a civil dispute brought by the parties to the people’s court, if it is suitable for mediation, mediation shall be conducted first, unless the parties refuse mediation. Additionally, under the common law, a “judgment” is an order of court which gives rise to res judicata.

Laws 52
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Decoding International Arbitration

InHouseOps

Remember, these are cases that could involve parties from common law and civil law countries. International arbitration rules follow international practice, which is different from commercial practice and the courts. For example, you don’t have discovery per se. So it has to be in a New York Convention country.