Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws. The defendant/appellant appealed but it was not successful.

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Conflict of Laws

OCTOBER 12, 2022

However, the two original defendants failed to fulfill their liability for repayment as agreed while the Plaintiff has performed the contract obligations. Under the principle of reciprocity, Chinese court may enforce Australian judgments according to Article 288 of Civil Procedural Law of China. [14] 7] Para 42, (n 1). [8]

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Conflict of Laws

APRIL 16, 2022

In the judgment in Owens Bank, C-129/92 , the Court of Justice held that the Brussels Convention does not apply to proceedings in a Contracting State concerning the enforcement of judgment given in civil and commercial matters in non-contracting State.

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Conflict of Laws

FEBRUARY 21, 2021

The International Max Planck Research School for Successful Dispute Resolution in International Law (IMPRS-SDR) is accepting applications for PhD proposals within the research areas of the Department of International Law and Dispute Resolution and the Department of European and Comparative Procedural Law to fill a total of.

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Laws Procedural Law Contract 52

Conflict of Laws

SEPTEMBER 4, 2023

Nitschmann: The consequences of Brexit on Civil Judicial Cooperation between Germany and the United Kingdom The United Kingdom’s withdrawal from the European Union has far-reaching consequences for international civil procedure law. Mandl: Apparent and virtual establishments reflected through Art. 5 Brussels Ia Regulation and Art.

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Conflict of Laws

FEBRUARY 27, 2022

Professor Kerameus started his academic career at the Law School of the Aristotle University of Thessaloniki, in his home town, and completed his career at the University of Athens. He taught Civil Procedure, Comparative and International Procedural Law in Greek and other leading Universities abroad.

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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.

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Conflict of Laws

JANUARY 18, 2022

We would like to explore these and many other related questions at the 4th German-speaking Conference for Young Scholars in Private International Law. The written contributions will be published in an edited conference volume. The conference will be held in German, but English presentations are also welcome.

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Laws Tort Procedural Law Contract 52

Conflict of Laws

NOVEMBER 2, 2021

The central topic of the present issue (Focus) is further elaborated by the contributions of Professor Spyros Tsantinis on the importance of private autonomy in European and international procedural law, and of Dr. Konstantinos Voulgarakis on the protection mechanisms in the case of choice of court agreements.

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Conflict of Laws

MAY 16, 2022

The authors are convinced that one cannot analyse the transfer of ownership without considering the underlying contract. In particular, the passing of risk has to be considered in unison with the rules for the passing of ownership.

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Conflict of Laws

JULY 9, 2021

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

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Court Procedural Law Laws Litigation 52

Conflict of Laws

JANUARY 17, 2023

A Kusumadara, “Jurisdiction of Courts Chosen in the Parties’ Choice of Court Agreements: An Unsettled Issue in Indonesian Private International Law and the way-out”. Indonesian civil procedure law recognises choice of court agreements made by contracting parties. Review Article.

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Laws Court Contract Procedural Law 40

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. 13 ss 3 no 1 EGBGB).

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Conflict of Laws

JANUARY 2, 2023

Written by NIE Yuxin and LIU Chang, Wuhan University Institute of International Law. The present Civil Procedure Law of China (hereinafter “CPL”) was enacted in 1990 and has been amended four times. All amendments made no substantive adjustments to the foreign-related civil procedure proceedings. Background. Jurisdiction.

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Conflict of Laws

JULY 14, 2022

According to Article 96 of Civil Procedure Law of China, in trying civil cases, a people’s court shall conduct mediation to the merits of case under the principle of voluntary participation of the parties and based on clear facts. What is a judicial mediation settlement.

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Laws Procedural Law Court Legal 52

Conflict of Laws

APRIL 26, 2021

The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. Zwirlein-Forschner: Road Tolls in Conflict of Laws and International Jurisdiction – a Cross-Border Journey between the European Regulations.

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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.

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Court Laws Procedural Law Contract 52

Conflict of Laws

OCTOBER 28, 2022

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. The following article presents the German implementing rules for this recast.

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Conflict of Laws

FEBRUARY 21, 2023

The issue is completed with the Praefatio by Vassilios Christianos, Emeritus Professor at University of Athens, and former Director of the Center of International and European Economic Law, regarding the contribution of the comparative method to EU procedural law; the expert opinion by Dimitrios Tsikrikas, Professor at the Athens Faculty of Law, on (..)

Family Law 52

Family Law Laws Court Divorce 52

Conflict of Laws

DECEMBER 12, 2020

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. 14] E.g., Winkworth v.

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Laws Court Legal Legal 98

Conflict of Laws

AUGUST 17, 2022

The second decision concerned two accredited sports managers from Argentina against an Argentinian football player who terminated unilaterally the agreement, hence, he failed to abide by the conditions of the contract signed with the managers. It simply determines the burden of proof and the party borne with it. Field of application of CAS.

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Conflict of Laws

SEPTEMBER 7, 2022

Mariottini , Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law: Henry Deeb GABRIEL, Contracts for the Sale of Goods – A Comparison of U.S. and International Law , 3rd ed., Finally, this issue features the following book review by Cristina M. Oxford University Press, Oxford, 2022, pp.

Family Law 52

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Conflict of Laws

MAY 17, 2022

Hau: Interim relief against contracting authorities: classification as a civil and commercial matter, coordination of parallel proceedings and procedural autonomy of the Member States. Choice of court agreements are one of the most important instruments of international civil procedure law.

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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.

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Conflict of Laws

DECEMBER 15, 2021

The Historic Bases of Private International Law. The American Journal of Comparative Law , vol. Yntema refers to the following text found in a Fayoum Papyri: “ Contracts between Greeks-who had established colonies in Egypt (red.)-and In Hélène Ruiz Fabri (ed), Max Planck Encyclopedia of International Procedural Law.

Laws 52

Laws Court Procedural Law Legal 52

Conflict of Laws

JANUARY 27, 2022

Mariottini (Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law), The Singapore Convention on International Mediated Settlement Agreements: A New Status for Party Autonomy in the Non-Adjudicative Process. Cristina M.

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Conflict of Laws

SEPTEMBER 12, 2022

On 9 September 2022, the Max Planck Institute for Procedural Law Luxembourg hosted a conference on the Brussels Ibis Reform, in collaboration with the KU Leuven and the EAPIL. 1 in light of the principle of privity of contracts (“Relativität des Schuldverhältnisses”) and the concurrence of claims under Article 7 no.

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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).

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Conflict of Laws

OCTOBER 27, 2021

The recognition and enforcement of French civil and commercial judgments in China is generally regulated by Articles 281 and 282 of the People’s Republic of China (PRC) Civil Procedure Law as amended in 2017 (hereinafter “ PRC CPL ”). Major Provisions under the France-China Agreement.

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Court Divorce Procedural Law Laws 52

Conflict of Laws

SEPTEMBER 14, 2023

Convention, the FSIL deals separately with employment contracts (Article 8) and intellectual property cases (Article 11). The FSIL’s reciprocity clause is consistent with the emphasis on reciprocity that one finds in other provisions of Chinese law. Like the U.N. Article 7’s reference to both “nature and purpose” is significant.

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Conflict of Laws

JUNE 30, 2022

Procedure, Party agreement, and Contract was the focus of a very thorough presentation by Professor Neil Andrews (University of Cambridge, UK) who underlined that consensual justice is a highly stimulating and significant meeting point between substance and procedure, as well as being an important perspective within technical procedural law.

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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. 2] The SPC Interpretation of the Application of the PRC Civil Procedure Law, Art 295. [3]

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Conflict of Laws

FEBRUARY 10, 2023

Thanks to their experience in the field of public procurement within the Arbitration Chamber of public contracts of the Italian National Anticorruption Authority, the authors incorporate a practitioner’s perspective into their analysis of the Amicable Agreement by referring to case law and to a broad range of doctrinal and legal sources.

Litigation 52

Litigation Litigating Laws Court 52

Conflict of Laws

DECEMBER 19, 2022

A/S the CJEU iterates on the principle expressed in Recital 18 Brussels I bis Regulation that in cross-border insurance contracts only the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules. Danda: The concept of the weaker party in direct actions against the insurer. 36 (1) No.

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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.

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Conflict of Laws

SEPTEMBER 1, 2022

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. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

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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.

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