Conflict of Laws

JUNE 29, 2023

Freitag: More Freedom of Choice in Private International Law on the Name of a Person! The Court answered this question in the affirmative. The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedural laws ( Justizkonflikt) between the United States and Germany.

Tort 52

Tort Court Laws Procedural Law 52

Conflict of Laws

SEPTEMBER 14, 2023

For the law of state immunity, this move is particularly significant because China had been the most important adherent to the rival, absolute theory of foreign state immunity. In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). This provision also follows the U.N.

Drafting 48

Drafting Court Laws Government 48

Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Instead, we address a gap in the Draft Directive, namely the lack of any provisions on jurisdiction.

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

MAY 26, 2021

Both the first instance court and the court in appeal found that the claims were sufficiently connected, despite the contentions of Shell. in the 2015 ruling). Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art. Procedural matters. 7(1) DCCP’ (at [3.1]

Litigation 52

Litigation Litigating Laws Court 52