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.

Tort 52

Tort Court Laws Procedural Law 52

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.

Laws 98

Laws Court Contract Legal 98

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). It is unclear if Chinese courts applying the FSIL will reach the same conclusion.

Drafting 46

Drafting Court Laws Government 46

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.

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

MARCH 19, 2021

The following analysis undertakes the attempt to clarify the key aspects from the perspective of German international private law. Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. 1 Lugano Convention 2007 vis-à-vis claims in tort.

Divorce 52

Divorce Contract Tort Court 52