article thumbnail

Italian Supreme Court rules on recognition and enforcement of a foreign judgment even if preceded by a worldwide freezing injunction

Conflict of Laws

Written by Marco Farina, Italian lawyer, PhD in Civil Procedural Law at the University La Sapienza of Rome – Adjunct Professor of Civil Procedural Law at the University LUISS of Rome. This is not an alteration of the procedural equality of the parties.

article thumbnail

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

Conflict of Laws

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. in the 2015 ruling). Introduction.

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

Conflict of Laws - Untitled Article

Conflict of Laws

Otherwise, the remaining option to seize a non-EU defendant in a Member State court is through submission by appearance according to Art. Whether strategic joint litigation can be brought against an EU anchor defendant in order to drag along a non-EU defendant depends upon the national provisions of the EU Member States.

article thumbnail

Excess of authority as a ground of refusal for an AAA award in Greece

Conflict of Laws

First and second instance courts decided in favour of Z. the Supreme Court ruled that the Athens Court of Appeal failed to examine two grounds of appeal raised by M. The case was sent back to the appellate court [Supreme Court nr. After several years of litigation in both federal and state courts, Z.

Court 40
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

The Jurisdiction of the Chinese Court: Prorogated Jurisdiction. Jurisdiction is the first issue that the Court had to consider when it dealt with the dispute. In international civil litigation, many cases involve a foreign defendant not domiciled or residing within China. Concluding Remarks.

Laws 98
article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2023: Abstracts

Conflict of Laws

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. The article sheds some light on the newly fashioned sec.

Tort 52
article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2022: Abstracts

Conflict of Laws

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