Remove Court Rules Remove Legal Remove Procedural Law Remove Tort
article thumbnail

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

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. 4] It simply determined not to hear the case, based on its finding that the two village committees did not have standing to sue in the Dutch court. [5]. Summary of Facts.

Laws 98
article thumbnail

Conflict of Laws - Untitled Article

Conflict of Laws

The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. 22 CSDDD is their mandatory nature for the purpose of private international law, which established by the ECJ for the former and is legally prescribed for the latter in Art. Common to Arts. 22 (5) CSDDD.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

Article 5 provides that a foreign state is deemed to consent if it files suit as a plaintiff, participates as a defendant and files “an answer or a counterclaim on the merits of the case,” or participates as a third party in Chinese courts. It is unclear if Chinese courts applying the FSIL will reach the same conclusion.

article thumbnail

Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

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]

article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2021: Abstracts

Conflict of Laws

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. 1 Lugano Convention 2007 vis-à-vis claims in tort.

Divorce 52