SCOTUSBlog

NOVEMBER 2, 2022

Arizona , the justices considered whether a state procedural rule prevents John Cruz, who was sentenced to death, from obtaining relief on his federal due-process claim in state post-conviction. To answer this question, the court must determine if Arizona Rule of Criminal Procedure 32.1(g) The jury returned a death sentence.

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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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Court Rules Court Procedural Law Laws 98

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

JULY 9, 2021

When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.

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Court Procedural Law Litigation Litigating 52

JURIST

JUNE 4, 2022

Apart from the state of emergency, the legislative assembly has also amended criminal and procedural law to increase prison terms to up to 45 years for offenses related to organized crime. Human rights organizations have raised the alarm about massive human rights violations in the country.

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Government Procedural Law Laws Court 269

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

DECEMBER 15, 2021

This is especially so given that “external” conflict of laws rules seem to sometimes guide “internal” conflict of laws cases. [8] In a not so distant and colonial past, there were multiple “internationalized” or mixed courts in various regions and nations. The last such mixed court only closed its doors in 1980. [9]

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Laws Court Procedural Law Legal 52

Conflict of Laws

FEBRUARY 15, 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 the Spanish statistics on the European Small Claims Procedure. From Banco Español de Crédito to Bondora. 453/18 and C?494/18,

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Court Procedural Law Laws 98

Conflict of Laws

DECEMBER 4, 2022

LIN Jidong, Wuhan University Institute of International Law. Regulation 2022 generally authorises all the grass-roots courts to hear foreign-related disputes (Art. 1) and limits the jurisdiction of intermediate and higher courts (Art. Nowadays, most intermediate courts have the jurisdiction to hear foreign-related disputes.

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Court Litigation Litigating Procedural Law 40

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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Court Legal Legal Real Estate 75

Conflict of Laws

FEBRUARY 16, 2021

Just over ten years after the first edition of Europäisches Zivilprozessrecht (European Civil Procedure) by Burkhard Hess (director Max Planck Institute for Procedural Law, Luxembourg) a second – even more voluminous and impressive – edition was published early 2021.

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Procedural Law Litigation Litigating Laws 52

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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Court Legal Assistant Legal Assistance Procedural Law 52

Conflict of Laws

SEPTEMBER 4, 2023

Nitschmann: The consequences of Brexit on Civil Judicial Cooperation between Germany and the United Kingdom The United Kingdom’s withdrawal from the European Union has far-reaching consequences for international civil procedure law. 57 Austrian Code of Civil Procedure. 5 Brussels Ia Regulation and Art.

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Conflict of Laws

JANUARY 13, 2023

The urgency of the matter has compelled the Court to submit the case, at the request for the referring court, to the urgent preliminary ruling procedure provided for in Article 107 of the Rules of Procedure of the Court of Justice.

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Procedural Law Court Laws 52

Conflict of Laws

APRIL 16, 2022

In the judgment in Owens Bank, C-129/92 , the Court of Justice held that the Brussels Convention does not apply to proceedings in a Contracting State concerning the enforcement of judgment given in civil and commercial matters in non-contracting State. Court’s answer and its findings.

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Contract Procedural Law Court Laws 98

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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Procedural Law Law School Tort Contract 52

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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Court Legal Assistant Legal Assistance Procedural Law 40

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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Litigation Litigating Laws Court 52

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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Procedural Law Court Legal Legal 52

Conflict of Laws

NOVEMBER 2, 2021

The central topic of the present issue (Focus) is further elaborated by the contributions of Professor Spyros Tsantinis on the importance of private autonomy in European and international procedural law, and of Dr. Konstantinos Voulgarakis on the protection mechanisms in the case of choice of court agreements.

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Conflict of Laws

JANUARY 22, 2022

Carlos Santaló Goris, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. Against this background, the French court found that creditors who could apply for an EAPO were in a more advantageous position than those who could not.

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Laws Procedural Law Court 98

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. Dr. Martin Gebauer, Tübingen, Judge at the Higher Regional Court of Stuttgart. Christian Baldus, Heidelberg. Coffee break.

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Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

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Tort Court Laws Procedural Law 52

Conflict of Laws

AUGUST 20, 2021

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 a summary and a compelling analysis of the Luxemburgish domestic legislation regarding the EPO and EAPO Regulations.

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Procedural Law Laws Court 98

Conflict of Laws

JUNE 24, 2021

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 rendered by the Paris Court of Appeals. Requejo Isidro).

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Procedural Law Court Laws 40

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. The second court is not permitted to review the decision to decline jurisdiction by the first court. In the EU, the Succession Regulation No.

Contract 40

Contract Procedural Law Laws Legal 40

Conflict of Laws

FEBRUARY 21, 2023

Cross-border family disputes are the Focus of the current issue and were examined in an online conference of Lex and Forum (8.12.2022), under the Presidency of the Supreme Court Judge, Ms. Evdoxia Kiouptsidou-Stratoudaki. 2021, on the non-opposition to public order of a marriage performed by a proxy, with a note by Dr.

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Family Law Laws Divorce Court 52

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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Drafting Contract Tort Litigation 52

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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Manufacturing Litigation Litigating Procedural Law 58

Conflict of Laws

OCTOBER 27, 2021

The recognition and enforcement of French civil and commercial judgments in China is generally regulated by Articles 281 and 282 of the People’s Republic of China (PRC) Civil Procedure Law as amended in 2017 (hereinafter “ PRC CPL ”). Major Provisions under the France-China Agreement.

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Divorce Procedural Law Court Laws 52

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. As the reader, one thing I found striking about Indonesian practice is that a choice of foreign law alone can oust the jurisdiction of the Indonesian courts.

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Contract Laws Civil Law Procedural Law 52

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. Email: zhengxinh@cupl.edu.cn.

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Laws Court Contract Legal 98

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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Family Law Procedural Law Laws Diligence 57

Conflict of Laws

AUGUST 17, 2022

Applications to recognize and enforce CAS awards are not part of Greek court’s daily order business. About ten years ago, the first decision of a Greek court was published, which accepted an application to declare a decision of the Court of Arbitration for Sports (CAS) enforceable. April 2022, both unreported). Main findings.

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Sports Procedural Law Court Contract 52

Conflict of Laws

AUGUST 3, 2023

After all, mandatory application in EU courts is largely irrelevant if courts do not have jurisdiction in the first place. If the remaining alternative is to bring an action in a court outside the EU, the application of the CSDDD civil liability regime is not, however, guaranteed. Common to Arts. 22 (5) CSDDD.

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Conflict of Laws

DECEMBER 19, 2022

The preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) exists to ensure the uniform interpretation and application of EU law. One such condition is that the question referred to the court must be applicable to the decision in the initial legal dispute.

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Court Cause of Action Laws Legal 52

Conflict of Laws

FEBRUARY 8, 2023

A key-note speech will be delivered by Maciej Szpunar (Judge at the Court of Justice of the European Union, TBC). Closing remarks will be provided by Stefania Bariatti (University of Milan). The conference, in English, will be on-site only. See the full programme and the registration form.

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Laws Procedural Law Court 40