The Max Planck Institute Luxembourg for Procedural Law is recruiting!
Conflict of Laws
FEBRUARY 17, 2021
The Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law is currently recruiting new members for its team.
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The Max Planck Institute Luxembourg for Procedural Law is recruiting!
Conflict of Laws
FEBRUARY 23, 2022
The Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law is currently recruiting. A fully-funded position as Research Fellow (PhD candidate) for the Department of European and Comparative Procedural Law, led by Prof. Burkhard Hess, is open: Fixed-term contract for 2 years; contract extension is possible; full-time based in Luxembourg.
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Job Vacancy at the University of Bonn, Germany: Researcher in Private International Law, International Civil Procedural Law, and/or International Commercial Arbitration
Conflict of Laws
SEPTEMBER 29, 2022
The initial contract period is one year at least and up to three years, with an option to be extended.
Territorial Jurisdiction for Breach of Contract in Nigeria or whatever
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.
Turkey: Usage Of Electronic Signatures On Contracts Under Turkish Law - Bener Law Office
Mondaq
MAY 16, 2022
In Turkey, signing contracts with a basic or secure electronic signature is an important issue. This topic should be evaluated with the provisions of the Electronic Signature Law No. 5070, along with the Civil Procedure Law
Limitation Period for Enforcement of Foreign Judgments: Australian Court Recognized and Enforced Chinese Judgment Again
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. Y, the Chinese Court only executed more than 4 million yuan in place for three years, and finally ended the enforcement procedure in 2014.
CJEU fitting an order issued in a Member State on the basis of a third State judgment within the Brussels I bis Regime, case H Limited, C-568/20
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.
Lex & Forum 4/2021: A special on the 2019 Hague Convention on the Recognition of Foreign Judgments
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. The Chair of the meeting, Emeritus Professor of the Law School of Thessaloniki Ms. In Memoriam Prof.
Third Issue for Journal of Private International Law for 2022
Conflict of Laws
JANUARY 17, 2023
The third issue for the Journal of Private International Law for 2022 was published today. It contains the following articles: K Takahashi, “Law Applicable to Proprietary Issues of Crypto-Assets” Crypto-assets (tokens on a distributed ledger network) can be handled much in the same way as tangible assets as they may be held without the involvement of intermediaries and traded on a peer-to-peer basis by virtue of the blockchain technology.
Save the Date: German Conference for Young Scholars in Private International Law 2023
Conflict of Laws
JANUARY 18, 2022
Following successful conferences in Bonn, Würzburg and Hamburg, please save the date for the 4th German-speaking Conference for Young Scholars in Private International Law, which will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna.
Lex & Forum: Third issue – A special on the limits of private autonomy in the EU
Conflict of Laws
NOVEMBER 2, 2021
Furthermore, Dr. Stefanos Karameros is analyzing the extension of the choice of court agreements in case of privies in law or privies in blood, after the Kauno Miesto decision. The third issue of the Lex & Forum is dedicated to the topic of the limits of private autonomy in the EU.
Lex & Forum, Volume 4/2022 – A special on cross border family law
Conflict of Laws
FEBRUARY 21, 2023
The free movement of people within the European judicial space and the integration of third-country nationals has created a considerable number of multinational family structures, that give rise to a significant number of legal disputes, leading to complex conflict of law issues.
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2022: Abstracts
Conflict of Laws
JUNE 27, 2022
Wolfram: Achmea – neglecting of international public law – some afterthoughts. It intends instead to throw some light on the rules of public international law on the termination of international treaties, which have not fully been taken into account by those who attempted to implement the Achmea judgment. The contribution concludes this is not generally the case under the Vienna Convention on the Law of Treaties.
RabelsZ: new issue alert
Conflict of Laws
MAY 16, 2022
Legal and Political Economics in Comparative Perspective: the Case of Corporate Law. Hardly another area of the law has seen as much interest in comparative analysis as corporate law, in particular the publicly traded corporation. Issue 2/2022 of RabelsZ has just been published.
A Major Amendment to Provisions on Foreign-Related Civil Procedures Is Planned in China
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.
The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?
Conflict of Laws
DECEMBER 12, 2020
—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention.
Is Chinese Judicial Mediation Settlement ‘Judgment’ in Private International Law?
Conflict of Laws
JULY 14, 2022
Judicial mediation is a unique dispute resolution mechanism in Chinese civil procedure. Zilin Hao, Anjie Law Firm, Beijing, China. Additionally, under the common law, a “judgment” is an order of court which gives rise to res judicata. Applicable Law.
The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings
Conflict of Laws
JULY 9, 2021
(This post is provided by Zeyu Huang, who is an associate attorney of Hui Zhong Law Firm based in Shenzhen. Mr. Huang obtained his LLB degree from the Remin University of China Law School. He is also a PhD candidate & LLM at the Faculty of Law in University of Macau.
Rivista di diritto internazionale privato e processuale (RDIPP) No 2/2022: Abstracts
Conflict of Laws
SEPTEMBER 7, 2022
Ilaria Viarengo , Professor at the University Milan, The Coordination of Jurisdiction and Applicable Law in Proceedings Related to Economic Aspects of Family Law. and International Law , 3rd ed.,
Enforceability of CAS awards in Greece – a short survey
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. National rules of Civil procedure.
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2022: Abstracts
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.
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2021: Abstracts
Conflict of Laws
JULY 5, 2021
Choice of law by the testator is particularly important and a notary should point not only at the present situation, but also at possible developments in the future. 102 TFEU and/or national competition law rules. The decision also deals with questions of German procedural law.
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2021: Abstracts
Conflict of Laws
APRIL 26, 2021
Dickinson: Realignment of the Planets – Brexit and European Private International Law. The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort.
Giustizia consensuale No 2/2021: Abstracts
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.
Giustizia consensuale No 2/2022: Abstracts
Conflict of Laws
FEBRUARY 10, 2023
The paper aims at assessing and examining the connection between soft law and ADR, both in a retrospective and prospective view, focusing in particular on emerging issues such as the recourse to ‘nudging’ and new technologies, along with forms of Online Dispute Resolution (ODR).
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2023: Abstracts
Conflict of Laws
DECEMBER 19, 2022
Thus, he can apply for an interim measure in State A according to national law and may have this measure enforced under the Brussels Ibis Regulation in State B by way of attachment of accounts. Kuschel: Copyright Law on the High Seas. Greek law).
Avoidance of the debtor’s transactions within the framework of a foreign insolvency before a Russian court
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). Issues concerning cross-border insolvency rarely arise in Russian case law. 343 of the German Bankruptcy Ordinance and the Russian case Law (docket number No.
Giustizia consensuale (Consensual Justice): Report on the Journal’s Inaugural Conference
Conflict of Laws
JUNE 30, 2022
On 10 June 2022, the University of Trento, Faculty of Law celebrated the first anniversary of the launch of Giustizia consensuale , founded and edited by Professor Silvana Dalla Bontà and Professor Paola Lucarelli.
The Hidden Treasure Trove of Conflicts of Law: the Case Law of the Mixed Courts of the Colonial Era
Conflict of Laws
DECEMBER 15, 2021
The history of private international law (or ‘conflict of laws’) is incomplete. Private international law textbooks have always referred to the essentials of the history of our discipline. [1] 11] Both “internal” and “external” conflict of law systems in fact overlap here.
Conference Report from Luxemburg: On the Brussels Ibis Reform
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. Against this background, a Working Group was set up within the network of the European Association of Private International Law (EAPIL) to draft a position paper.
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2022: Abstracts
Conflict of Laws
MAY 17, 2022
Hay : On the Road to a Third American Restatement of Conflicts Law. American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. The following comments first recall the role of restatements in American law. Hübner: Climate change litigation at the interface of private and public law – the foreign permit.
Recognition and Enforcement of French Civil and Commercial Judgments in China: A Case Study
Conflict of Laws
OCTOBER 27, 2021
(This post is provided by Zeyu Huang, who is an associate of Hui Zhong Law Firm based in Shenzhen. degree from the Renmin University of China Law School. at the Faculty of Law in University of Macau. See Guangjian Tu, Private International Law in China (Springer 2016), at 175.
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2021: Abstracts
Conflict of Laws
NOVEMBER 1, 2021
The Court of Justice of the European Union ruled in Achmea that intra-EU investment arbitration violates fundamental rules of EU law. German law offers an interesting option for States to defend themselves against new intra-EU investment arbitration cases. Based on § 1032 paragraph 2 Civil Procedure Code, the German judge can decide on the validity of the arbitration agreement if a case is brought prior to the constitution of the arbitration tribunal.
Virtual Hearing in China’s Smart Court
Conflict of Laws
NOVEMBER 13, 2021
Mr Ting Liao, PhD candidate at the Wuhan University Institute of International Law, published a note on the Chinese Smart Court , which attracted a lot of interest and attention. The relevant procedure and technology were also taking time to progress and maturase.
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2022: Abstracts
Conflict of Laws
SEPTEMBER 1, 2022
On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. The European Union rules on the law that applies to liability for environmental damage, are an outlier in the private international law agenda.
Decoding International Arbitration
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. It starts with the arbitration clause that was included in the contract, negotiated and agreed to by the parties.
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2021: Abstracts
Conflict of Laws
MARCH 19, 2021
Wagner: European Conflict of Law 2020: EU in crisis mode! It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence.
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