Court Rules and Procedural Law

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

Conflict of Laws

OCTOBER 16, 2021

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.

Court Rules

Court Rules Court Procedural Law Laws

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

Conflict of Laws

FEBRUARY 2, 2022

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. As a next step, Z. Upon second appeal (cassation) of M., 635/20.5.2021].

Court

Court Court Rules Procedural Law Litigation

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

Conflict of Laws

JUNE 29, 2023

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

Tort Court Laws Procedural Law

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

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. However, the Court ruled that its jurisdiction over the case was established pursuant to the prorogated jurisdiction under the CPL regime. Concluding Remarks.

Laws

Laws Court Contract Legal

Conflict of Laws - Untitled Article

Conflict of Laws

AUGUST 3, 2023

National civil procedural law is called upon to decide which third-country companies can be sued within the EU and how the Ingmar case law for EU domiciled companies will be further developed. This is a problem of uniformity – different national laws allow for different answers.

Drafting

Drafting Diligence Procedural Law Court

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2021: Abstracts

Conflict of Laws

NOVEMBER 1, 2021

Looschelders : Cross-border enforcement of agreements on the Islamic dower (mahr) and recognition of family court rulings in German-Iranian legal relations. These difficulties are compounded by the fact that mutual recognition of family court rulings is not readily guaranteed.

Divorce

Divorce Contract Court Legal

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

Conflict of Laws

OCTOBER 28, 2022

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.

Contract

Contract Laws Government Court

China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

SEPTEMBER 14, 2023

The FSIL’s reciprocity clause is consistent with the emphasis on reciprocity that one finds in other provisions of Chinese law. to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.”

Drafting

Drafting Court Laws Government

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

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). In the introduction we mentioned the English Supreme Court ruling in Okpaby v Shell [2021] UKSC 3 of February 2021. The Shell’s contentions were twofold.

Litigation

Litigation Litigating Laws Court

Update: HCCH 2019 Judgments Convention Repository

Conflict of Laws

NOVEMBER 23, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. 108-138. “The Zhang, Chunliang; Huang, Shan. “On

Drafting

Drafting Laws Litigation Litigating

Final Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

AUGUST 30, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.

Drafting

Drafting Laws Litigation Litigating

Update: HCCH 2019 Judgments Convention Repository

Conflict of Laws

JANUARY 11, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Shchukin A.I. Zhang, Chunliang; Huang, Shan. “On

Drafting

Drafting Laws Litigation Litigating

Update: HCCH 2019 Judgments Convention Repository

Conflict of Laws

DECEMBER 7, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. 84-103 (available here ). 103-113.

Drafting

Drafting Laws Litigation Litigating

Update: HCCH 2019 Judgments Convention Repository

Conflict of Laws

APRIL 20, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Zhang, Chunliang; Huang, Shan. “On 103-113.

Drafting

Drafting Laws Litigation Litigating

Update: HCCH 2019 Judgments Convention Repository

Conflict of Laws

FEBRUARY 16, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Shchukin A.I. Zhang, Chunliang; Huang, Shan. “On

Drafting

Drafting Laws Litigation Litigating

Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

APRIL 4, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.

Drafting

Drafting Laws Litigation Litigating

Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

AUGUST 31, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Zhang, Chunliang; Huang, Shan. “On 103-113.

Drafting

Drafting Laws Litigation Litigating

Update: HCCH 2019 Judgments Convention Repository

Conflict of Laws

JUNE 21, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Zhang, Chunliang; Huang, Shan. “On 103-113.

Drafting

Drafting Laws Litigation Litigating

Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

SEPTEMBER 28, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Zhang, Chunliang; Huang, Shan. “On 103-113.

Drafting

Drafting Laws Litigation Litigating

Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

FEBRUARY 15, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.

Drafting

Drafting Laws Litigation Litigating

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

Conflict of Laws

MARCH 19, 2021

The Higher Regional Court (OLG) Saarbrücken had to decide upon appeal by a German-based limited liability company (GmbH) against a French motor vehicle liability insurer on various questions of French indemnity law and its interaction with German procedural law.

Divorce

Divorce Contract Tort Court

Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

DECEMBER 12, 2023

The mere admissibility of the lawsuit is a victory in itself, given that German environmental law – at least in its express wording – does not give environmental associations the right to sue for the implementation of immediate action programs under the CCA. On the merits as well, the court ruled in favor of the plaintiffs.

Litigation

Litigation Litigating Government Court

States ask Supreme Court to keep Title 42 border policy in effect

SCOTUSBlog

DECEMBER 19, 2022

More broadly, the states accused the Biden administration of using “collusive, underhanded litigation tactics” to achieve its goal of revoking the policy without complying with federal procedural laws. The administrative stay means that the policy will not automatically terminate on Wednesday if the justices need more time to rule.

Court

Court Immigration Government Litigation

Paralegal Brief

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

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

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States ask Supreme Court to keep Title 42 border policy in effect

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