Conflict of Laws

SEPTEMBER 21, 2023

Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. The latest amendments to the Civil Procedure Law in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions.

Procedural Law 58

Procedural Law Laws Litigation Litigating 58

Conflict of Laws

SEPTEMBER 14, 2023

For the law of state immunity, this move is particularly significant because China had been the most important adherent to the rival, absolute theory of foreign state immunity. In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). These provisions track Articles 7-9 of the U.N. Convention.

Drafting 49

Drafting Court Laws Government 49

Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Nor do we want to add to the lively discussion on the choice-of-law- aspects regarding civil liability (see, amongst others, van Calster , Ho-Dac , Dias and, before the Proposal, Rühl ).

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

AUGUST 23, 2023

Thus, in the Indonesian legal system, there is an interplay of civil law, which is inherited from the Dutch East Indies, adat (customary law), and Islamic law. It was especially fascinating to me to discover here that the Indonesian language is usually a legal requirement for drafting contracts involving Indonesians.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

MAY 26, 2021

First, Shell stated that the claimants abused procedural law, because the claims against Royal Dutch Shall were ‘obviously bound to fail and for that reason could not serve as a basis for jurisdiction as provided in art. Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art.

Litigation 52

Litigation Litigating Laws Court 52

Conflict of Laws

MARCH 22, 2022

As a consequence of its application, all claims are governed by the same applicable law, thereby fostering the effectiveness of collective redress. Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. Unlike the Principles, however, Law No.

Contract 8

Contract Tort Litigation Litigating 8