Conflict of Laws
OCTOBER 28, 2022
The following article presents the German implementing rules for this recast. Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. As a result of two recent reforms the German private international and procedural laws applicable to adoptions have changed quite substantively.
Conflict of Laws
DECEMBER 12, 2020
The Jurisdiction of the Chinese Court: Prorogated Jurisdiction. Jurisdiction is the first issue that the Court had to consider when it dealt with the dispute. However, the Court ruled that its jurisdiction over the case was established pursuant to the prorogated jurisdiction under the CPL regime.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Conflict of Laws
JUNE 29, 2023
Coester-Waltjen: Non-Recognition of “Child Marriages“ Concluded Abroad and Constitutional Standards The Federal Supreme Court raised the question on the constitutionality of one provision of the new law concerning “child marriages” enacted by the German legislator in 2017. The Court answered this question in the affirmative.
Conflict of Laws
NOVEMBER 1, 2021
Pika : The Choice of Law for Arbitration Agreements. Ever since 2009, when the German choice-of-law provisions for contracts were removed and the Rome I Regulation with its carve-out for arbitration agreements entered into force, the choice of law for arbitration agreements has been debated in Germany.
Conflict of Laws
AUGUST 3, 2023
Such agreements concluded in advance of any occurred damage are conceivable between individual links of the value chain, such as between employees and subcontractors (in employment contracts) or between different suppliers along the chain (in purchase and supply agreements). EU law does not expressly prohibit such derogation.
Conflict of Laws
SEPTEMBER 14, 2023
To determine whether an act is commercial, “a PRC court shall undertake an overall consideration of the act’s nature and purpose.” Convention, the FSIL deals separately with employment contracts (Article 8) and intellectual property cases (Article 11). Like the U.N. Article 7’s reference to both “nature and purpose” is significant.
Conflict of Laws
MARCH 19, 2021
In spite of a choice of court agreement pointing to Irish courts for “all suits to enforce this contract” (translation), the OLG München has held itself competent for antitrust claims, as – according to the reasons given – no interpretation of the contract was necessary. 25 Brussels Ia Regulation itself.
Expert insights. Personalized for you.
52 
Let's personalize your content