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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.

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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
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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.

Laws 98
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Conflict of Laws - Untitled Article

Conflict of Laws

Specific jurisdiction in matters relating to tort will be of little use, as in value chain civil liability claims the place of the event giving rise to damages and the place of damage are usually outside the EU and within that third state. This is a problem of uniformity – different national laws allow for different answers.

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China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

Supreme Court has held that issuing foreign government bonds is a commercial activity, even if done for a sovereign purpose. It is unclear if Chinese courts applying the FSIL will reach the same conclusion. The FSIL’s reciprocity clause is consistent with the emphasis on reciprocity that one finds in other provisions of Chinese law.