Conflict of Laws

JUNE 27, 2022

Schlosser: Jurisdiction Agreements and other Agreements integrally Covered by European Law. Certain contracts are particularly close to the law of the European Union. That law is particularly concerned about its effectiveness, if needed by a creative approach.

Contract 40

Contract Procedural Law Laws Legal 40

Conflict of Laws

JANUARY 17, 2023

F Farrington, “A Return to the Doctrine of Forum Non Conveniens after Brexit and the Implications for Corporate Accountability” On 1 January 2021, the European Union’s uniform laws on jurisdiction in cross-border disputes ceased to have effect within the United Kingdom.

Laws 40

Laws Contract Court Procedural Law 40

Conflict of Laws

APRIL 26, 2021

At 11pm (GMT) on 31 December 2020, the United Kingdom moved out of its orbit of the European Union’s legal system, with the end of the transition period in its Withdrawal Agreement and the conclusion of the new Trade and Cooperation Agreement. Voß: Qualifying Direct Legal Claims and culpa in contrahendo under European Civil Procedure Law.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JANUARY 27, 2022

This article examines the Italian doctrine of ‘negotiation of ascertainment’ ( negozio di accertamento ), by means of which the parties put an end to a legal dispute by determining the content of their relationship by mutual consent. Cristina M.

Technology 98

Technology Legal Legal Government 98

Conflict of Laws

OCTOBER 28, 2022

In the meantime, the regulation has become one of the most important legal instruments for judicial cooperation in civil matters. Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. It argues for the application of the law of the state where the register is kept. A look at Art.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

SEPTEMBER 4, 2023

Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. However, in this article, the author takes the opposite view. 5 Brussels Ia Regulation and Art.

Procedural Law 67

Procedural Law Court Legal Legal 67

Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

Laws 98

Laws Court Contract Legal 98

Conflict of Laws

SEPTEMBER 7, 2022

Domestic violence has drawn increasing attention both from the lawmaker and legal scholars. Legal means to prevent domestic violence and protect women have been promoted and implemented at the national and supranational levels. and International Law , 3rd ed., Finally, this issue features the following book review by Cristina M.

Family Law 52

Family Law Divorce Procedural Law Laws 52

Conflict of Laws

SEPTEMBER 16, 2021

Kostin, Senior Research Fellow at the Private Law Research Centre (Moscow, Russia) and counsel atAvangard law firm. and Valeria Rzyanina, junior associate, Avangard Law Firm. This is a synopsis of an article published in the Herald of Civil Procedure Law Journal N 1/2021 in Russian).

Court 75

Court Legal Legal Real Estate 75

Conflict of Laws

JULY 5, 2021

The CJEU (Grand Chamber) has issued a landmark ruling on the borderline between contract and tort disputes under Article 7(1) and (2) of the Brussels I-bis Regulation. 102 TFEU and/or national competition law rules. The decision also deals with questions of German procedural law.

Contract 52

Contract Procedural Law Court Laws 52

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. 13 (3) No.

Divorce 40

Divorce Contract Court Legal 40

Conflict of Laws

MARCH 19, 2021

It provides an overview of newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. 25 Brussels Ia Regulation itself.

Divorce 52

Divorce Contract Tort Court 52

Conflict of Laws

DECEMBER 17, 2020

Most students avoid it because of the adverse effect they think it is sure to have on their cumulative grade points average and the seeming lack of practical benefit of the subject to their future law practices. They do not know any better.

Laws 52

Laws Stare Decisis Legal Legal 52

Conflict of Laws

SEPTEMBER 14, 2023

Article 5 further provides that a foreign state participating as a plaintiff or third party waives immunity from counterclaims arising from the same legal relationship or facts. Convention, the FSIL deals separately with employment contracts (Article 8) and intellectual property cases (Article 11). Like the U.N. This makes sense.

Drafting 48

Drafting Court Laws Government 48

Conflict of Laws

DECEMBER 19, 2022

By comparing these two options the author deals with the legal nature of the European account preservation order and with the subtleties of enforcement under the EAPOR. Roth: The „relevance (to the initial legal dispute)“ of the reference for a preliminary ruling pursuant to Article 267 TFEU. 2 Brussels Ia. In its decision T.B.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

SEPTEMBER 1, 2022

In cross-border proceedings, service of legal documents poses particular problems, which are addressed by the European Regulation on the Service of Documents. Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

AUGUST 3, 2023

The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. EU law does not expressly prohibit such derogation. Precedent for how such exclusive jurisdiction agreements can be treated can be found in the case law following the Ingmar decision of the CJEU. Common to Arts.

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

OCTOBER 27, 2021

Mr. Jie Shi, the legal intern at the Hui Zhong Law Firm Shenzhen Office, made contributions to the post.). The procedures of recognition and enforcement of judgments shall be governed by the domestic law of the requested party, and the court of the requested party shall not conduct a substantial review of the foreign judgment.[12]

Divorce 52

Divorce Procedural Law Court Laws 52

Conflict of Laws

NOVEMBER 13, 2021

1] In the same year, the SPC published the Civil Procedural Law Interpretation, which states that the parties can make agreement on the form of hearing, including virtual hearing utilizing visual and audio transfer technology. Certainly, there is no legal restriction preventing public access to the hearing. [9] Public hearing.

Court 52

Court Litigation Litigating Technology 52

Conflict of Laws

MARCH 22, 2022

It gives information on newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Samtleben: Paraguay: Choice of Law in international contracts.

Contract 8

Contract Tort Litigation Litigating 8

InHouseOps

JUNE 13, 2022

Martinez: These cases can be highly complex and involve huge multinationals with global contracts and disputes based on large monetary claims and may include IP issues. First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice.

Punitive Damages 52

Punitive Damages Healthcare Drafting Technology 52