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. The Court of Appeal of Rome reasoned under Article 64 (b), of the Italian Act on Private International Law (Law 31 May 1995 no.

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Conflict of Laws

SEPTEMBER 16, 2021

Kostin, Senior Research Fellow at the Private Law Research Centre (Moscow, Russia) and counsel atAvangard law firm. and Valeria Rzyanina, junior associate, Avangard Law Firm. This is a synopsis of an article published in the Herald of Civil Procedure Law Journal N 1/2021 in Russian). 40-39791 / 2018.

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Conflict of Laws

NOVEMBER 13, 2021

Mr Ting Liao, PhD candidate at the Wuhan University Institute of International Law, published a note on the Chinese Smart Court , which attracted a lot of interest and attention. We have responded a few enquires and comments, some relating to the procedure and feasibility of virtual/remote hearing.

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Conflict of Laws

MAY 16, 2022

The Chinese Court Recognizes an English Commercial Judgment for the First Time. Written by Zilin Hao, Anjie Law Firm, Beijing, China. On 17 March 2022, Shanghai Maritime Court of PRC issued a ruling of recognizing and enforcing a commercial judgment made by the English High Court, with the approval of Supreme People’s Court (“SPC”).

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Conflict of Laws

SEPTEMBER 4, 2023

Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. 57 Austrian Code of Civil Procedure. Mandl: Apparent and virtual establishments reflected through Art.

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Conflict of Laws

APRIL 29, 2021

I allow myself to pick up a few elements from this fascinating interview in the following for our international audience: The Tenth Panel functions as a court of first appeal ( Berufungsgericht ) in patent nullity proceedings and as a court of second appeal for legal review only ( Revisionsgericht ) in patent infringement proceedings.

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Conflict of Laws

JANUARY 5, 2023

Although the European Succession Regulation has proven successful in practice, there are many open questions which the ever-growing body of European Court of Justice case-law has not yet answered. The first findings of a pan-European study on the experiences and expectations of legal practice with regard to Reg. Coffee break.

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Conflict of Laws

MAY 3, 2024

During his youth, as Erik mentioned once, he would use his exceptionally broad knowledge on art and any aspect of culture that crossed his mind to draw his tennis partners into sophisticated conversations on the court.

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Conflict of Laws

JANUARY 5, 2024

The Origins a) Savigny’s approach One if not the core value of Private International Law is its neutrality and equality among legal systems. The main goal of German conflict of laws rules is to achieve “international justice” by associating legal matters with the most fitting law, independent of substantive legal values.

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Conflict of Laws

APRIL 29, 2021

I allow myself to pick up a few elements from this fascinating interview in the following for our international audience: The Tenth Panel functions as a court of first appeal ( Berufungsgericht ) in patent nullity proceedings and as a court of second appeal for legal review only ( Revisionsgericht ) in patent infringement proceedings.

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Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.

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SimplyLawJobs

OCTOBER 28, 2021

Completing a degree would have given you a great foundation knowledge of academic law but in order to be a professional paralegal, you should learn about practice and procedure. These include the ‘Right of Audience’ which is the right to present your client’s case to the court, and the right to conduct litigation.

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Conflict of Laws

NOVEMBER 16, 2022

Carlos Santaló Goris , Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. candidate at the University of Luxembourg, offers an analysis of some aspects of a judgment concerning the EAPO Regulation rendered by the District Court of Žilina (Okresný súd Žilina), Slovakia.

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Conflict of Laws

FEBRUARY 21, 2023

The free movement of people within the European judicial space and the integration of third-country nationals has created a considerable number of multinational family structures, that give rise to a significant number of legal disputes, leading to complex conflict of law issues. Evdoxia Kiouptsidou-Stratoudaki.

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Conflict of Laws

JUNE 27, 2022

Wolfram: Achmea – neglecting of international public law – some afterthoughts. This contribution is not meant to assess the Achmea judgment of the European Court of Justice. That law is particularly concerned about its effectiveness, if needed by a creative approach.

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Conflict of Laws

DECEMBER 12, 2020

By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Introduction.

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Conflict of Laws

JANUARY 2, 2023

Written by NIE Yuxin and LIU Chang, Wuhan University Institute of International Law. The present Civil Procedure Law of China (hereinafter “CPL”) was enacted in 1990 and has been amended four times. All amendments made no substantive adjustments to the foreign-related civil procedure proceedings. Background. 276, para.

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Conflict of Laws

APRIL 26, 2021

At 11pm (GMT) on 31 December 2020, the United Kingdom moved out of its orbit of the European Union’s legal system, with the end of the transition period in its Withdrawal Agreement and the conclusion of the new Trade and Cooperation Agreement. Voß: Qualifying Direct Legal Claims and culpa in contrahendo under European Civil Procedure Law.

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Conflict of Laws

FEBRUARY 27, 2022

Professor Kerameus started his academic career at the Law School of the Aristotle University of Thessaloniki, in his home town, and completed his career at the University of Athens. He taught Civil Procedure, Comparative and International Procedural Law in Greek and other leading Universities abroad.

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Conflict of Laws

MAY 26, 2021

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. Introduction.

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Conflict of Laws

JANUARY 27, 2022

In the XX century, dispute resolution was characterized by the leading role played by State courts: however, this situation has begun to change. With modernity and globalization has come the search of ways to ensure the ‘deconflictualisation’ of social and economic relations and solve conflicts arising out of them. Cristina M.

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Conflict of Laws

DECEMBER 19, 2022

By comparing these two options the author deals with the legal nature of the European account preservation order and with the subtleties of enforcement under the EAPOR. Roth: The „relevance (to the initial legal dispute)“ of the reference for a preliminary ruling pursuant to Article 267 TFEU.

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Paralegal Bootcamp

NOVEMBER 17, 2023

Ashley is a Sessional Instructor for the Paralegal Studies and Office Assistant Programs at McEwen University, and she has over 16 years of experience in the legal industry. Ashley’s dedication to supporting future legal professionals shines through her teaching and mentorship.

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Conflict of Laws

AUGUST 3, 2023

The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. After all, mandatory application in EU courts is largely irrelevant if courts do not have jurisdiction in the first place. The current state of the CSDDD already represents a milestone. Common to Arts.

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Conflict of Laws

MARCH 2, 2024

Recognising that courts may not be the optimal forum for conflict resolution in this domain, this academic contribution will question the effectiveness and challenges of existing mechanisms and discuss a proposal to introduce a professional mediator in the administrative proceeding. 222 of December 21, 2023, and No.

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Patently O

MAY 10, 2022

Claim preclusion and issue preclusion are conceptually difficult, but the Federal Circuit has further confused preclusion doctrines in its patent law jurisprudence. In a series of recent decisions, the appellate court improperly created and then expanded upon a separate-and-distinct form of res judicata that it labels the Kessler Doctrine.

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Patently O

MARCH 17, 2022

I’m teaching my usual Introduction to Intellectual Property course, together with an especially large Civil Procedure class (which at Iowa is 4 credit hours), and the Iowa Innovation, Business & Law Center is running an exciting speaker series on Genetics, Law and Society. Read it here: [link].

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Conflict of Laws

OCTOBER 27, 2021

Mr. Jie Shi, the legal intern at the Hui Zhong Law Firm Shenzhen Office, made contributions to the post.). The author may be contacted at the e-mail address: huangzeyu@huizhonglaw.com. 5] However, China has concluded many bilateral treaties on judicial assistance including recognition and enforcement of foreign judgments.

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Conflict of Laws

FEBRUARY 1, 2023

Programme Friday, 9 June 2023 8.30 a.m. Registration 9.00

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Conflict of Laws

JANUARY 17, 2023

This contribution maps the meaning and nature of those articles, their application in early case-law across Member States, and their impact among others on business and human rights litigation, pre and post Brexit. Indonesian civil procedure law recognises choice of court agreements made by contracting parties.

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Conflict of Laws

JUNE 2, 2022

Lex&Forum expresses its warmest thanks to the President of the Courts of First-Instance of Piraeus Council Judge Mr. Vassilios Tzelepis and the President of the Piraeus Bar Association Mr. Elias Klappas , as well as to all the rapporteurs for their honorable contributions. Vathrakokilis.

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Conflict of Laws

MARCH 21, 2023

Vanessa Grifo (University of Heidelberg) presented possible insights from the theory of the post-migrant society for international family law. Victoria Garin (European University Institute, Florence) examined the connection between private international law and the concept of Relativism. 1(1) Protocol 2 Lugano Convention.

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Conflict of Laws

MARCH 22, 2021

“Mainland China, Hong Kong Special Administrative Region (SAR), Macao SAR and Taiwan not only all have their own systems of substantive civil, commercial and procedural law, they also have their own rules of private international law or conflict of laws. Global issues should preferably [be] solved globally.

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Conflict of Laws

OCTOBER 28, 2022

In the meantime, the regulation has become one of the most important legal instruments for judicial cooperation in civil matters. Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. The Higher Regional Court (OLG) of Frankfurt a.M. A look at Art. A look at Art. In certain cases, Art.

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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. After several years of litigation in both federal and state courts, Z.

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Conflict of Laws

JULY 5, 2021

Remien : The European Succession Regulation and the many questions of the European court practice – five years after entry into force. but especially national court practice shows many interesting cases of the necessary overall assessment. The decision also deals with questions of German procedural law. According to Art.

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Conflict of Laws

SEPTEMBER 7, 2022

Domestic violence has drawn increasing attention both from the lawmaker and legal scholars. Legal means to prevent domestic violence and protect women have been promoted and implemented at the national and supranational levels. and International Law , 3rd ed., Finally, this issue features the following book review by Cristina M.

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