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Who is bound by Choice of Court Agreements in Bills of Lading?

Conflict of Laws

Effectively, this is a context specific harmonised approach to developing substantive contract law rules to regulate the effectiveness of choice of court agreements. In practical terms, the application of the choice of law rule in Article 25(1) would have led to a similar outcome.

Court 57
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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

Penasthika rightly observes that this signifies confusion between jurisdiction and choice of law, because what the Indonesian courts should apply is substantive and not procedural law. Procedural law matters are reserved for the forum, and some Indonesian judges only appear to see the procedural aspects of choice of law.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Conflict of Laws

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well.