Conflict of Laws

MAY 16, 2022

Legal and Political Economics in Comparative Perspective: the Case of Corporate Law. Hardly another area of the law has seen as much interest in comparative analysis as corporate law, in particular the publicly traded corporation. Legal details remained largely under the radar.

Procedural Law 52

Procedural Law Legal Legal Laws 52

Conflict of Laws

JULY 6, 2022

On 23 June 2022, the Lisbon Guidelines on Privacy , drawn up by the ILA Committee on the Protection of Privacy in Private International and Procedural Law , were formally endorsed by the International Law Association at the 80th ILA Biennial Conference, hosted in Lisbon (Portugal). Burkhard Hess chaired the Committee, and Prof.

Laws 52

Laws Procedural Law Legal Legal 52

Conflict of Laws

JANUARY 27, 2022

This article examines the Italian doctrine of ‘negotiation of ascertainment’ ( negozio di accertamento ), by means of which the parties put an end to a legal dispute by determining the content of their relationship by mutual consent. Cristina M.

Technology 98

Technology Legal Legal Government 98

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. However, in this article, the author takes the opposite view. 5 Brussels Ia Regulation and Art.

Procedural Law 64

Procedural Law Court Legal Legal 64

Conflict of Laws

DECEMBER 15, 2020

The Minerva Center for Human Rights at Tel Aviv University will host an international socio-legal (zoom-) workshop on 22-23 June 2021 to explore the impact of the Covid-19 crisis and its regulation on cross-border families: Cross-border families (also known as transnational and globordered families) are a growing and diverse phenomenon.

Law School 98

Law School Legal Legal Legal Research 98

Conflict of Laws

JUNE 27, 2022

They include international jurisdiction agreements, contracts creating an exception in European law, to generally prohibited contracts, and contracts providing the use of European Trademarks and other European rights valid even against third persons. That law is particularly concerned about its effectiveness, if needed by a creative approach.

Contract 40

Contract Procedural Law Laws Legal 40

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.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

AUGUST 23, 2023

Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts. Like other Asian and African countries, Indonesia experiences legal pluralism, due to its history of Dutch colonialism and a form of apartheid.

Contract 52

Contract Laws Civil Law Procedural Law 52

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.

Family Law 52

Family Law Divorce Procedural Law Laws 52

Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

Laws 98

Laws Court Contract Legal 98

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).

Court 75

Court Legal Legal Real Estate 75

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.

Court 52

Court Legal Assistant Legal Assistance Procedural Law 52

Conflict of Laws

MARCH 22, 2021

From the preface (in English) by Hans van Loon (former Secretary General of the Hague Conference on Private International Law (HCCH)) : . Her starting point is the Chinese concept of “regional pluralism of legal systems”. Global issues should preferably [be] solved globally.

Laws 52

Laws Legal Legal Procedural Law 52

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. It argues for the application of the law of the state where the register is kept. A look at Art.

Contract 52

Contract Laws Government Court 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.

Court 40

Court Legal Assistant Legal Assistance Procedural Law 40

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. 22 CSDDD is their mandatory nature for the purpose of private international law, which established by the ECJ for the former and is legally prescribed for the latter in Art. Common to Arts. 22 (5) CSDDD.

Drafting 52

Drafting Diligence Procedural Law Court 52

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 procedures of recognition and enforcement of judgments shall be governed by the domestic law of the requested party, and the court of the requested party shall not conduct a substantial review of the foreign judgment.[12]

Divorce 52

Divorce Procedural Law Court Laws 52

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. 2 Brussels Ia. 36 (1) No. Steinbrück/J.F.

Court 52

Court Cause of Action Laws Legal 52

LexForti

JANUARY 29, 2022

This post has been authored by Mridul Sinha, who is associated to Dharmashastra National Law University, Jabalpur, Madhya Pradesh. The legal philosophers ponder over the most debated distinction between Is and Ought. But here, Austin’s theory is saying that what law ‘Ought’ to be and not what law is. Mridul Sinha.

Laws 52

Laws Legal Legal Constitutional Law 52

Conflict of Laws

JANUARY 17, 2023

F Farrington, “A Return to the Doctrine of Forum Non Conveniens after Brexit and the Implications for Corporate Accountability” On 1 January 2021, the European Union’s uniform laws on jurisdiction in cross-border disputes ceased to have effect within the United Kingdom.

Laws 40

Laws Contract Court Procedural Law 40

Conflict of Laws

SEPTEMBER 14, 2023

Article 5 further provides that a foreign state participating as a plaintiff or third party waives immunity from counterclaims arising from the same legal relationship or facts. Supreme Court has held that issuing foreign government bonds is a commercial activity, even if done for a sovereign purpose. Applying this definition, the U.S.

Drafting 46

Drafting Court Laws Government 46

Conflict of Laws

AUGUST 31, 2021

The following comment is also featured: Rebekka Monico , Research fellow at the University of Insubria, La disciplina europea sul Geo-blocking e il diritto internazionale privato e processuale (The EU Geo-Blocking Regulation and Private International and Procedural Law). vii-485.

Laws 52

Laws Court Procedural Law Constitutional Law 52

Conflict of Laws

JULY 5, 2021

The decision also deals with questions of German procedural law. According to German procedural law, the reception of a waiver of succession is an estate matter. The article shows that – mainly due to the wording and history of origin – Art. Details for establishing such a jurisdiction are examined.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

NOVEMBER 1, 2021

Pursuant to this provision, the arbitration agreement is governed by the law chosen by the parties and, subsidiarily, the law of the seat. The legal norm relates to a marriage where foreign law governs the ability to marry and where the marriage has been effectively concluded under this law.

Divorce 40

Divorce Contract Court Legal 40

Conflict of Laws

NOVEMBER 13, 2021

1] In the same year, the SPC published the Civil Procedural Law Interpretation, which states that the parties can make agreement on the form of hearing, including virtual hearing utilizing visual and audio transfer technology. Certainly, there is no legal restriction preventing public access to the hearing. [9] Public hearing.

Court 52

Court Litigation Litigating Technology 52

Conflict of Laws

SEPTEMBER 1, 2022

In cross-border proceedings, service of legal documents poses particular problems, which are addressed by the European Regulation on the Service of Documents. The article provides criteria to determine whether the close connection rule in Article 4(3) Regulation Rome II can lead to the application of the law governing the contract.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

AUGUST 30, 2023

Our sincere thanks go to all involved, not only at the conference and in the book project, but also to the legal scholars from around the world who have kept us constantly informed about publications of their own work on the HCCH 2019 Judgments Convention. International Law – A Practical Manual [Working Title], London 2022, pp.

Drafting 95

Drafting Laws Litigation Litigating 95

Conflict of Laws

FEBRUARY 17, 2021

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Beaumont, Paul. Beaumont, Paul R. Blom, Joost. Xu, Guojian.

Drafting 52

Drafting Laws Litigation Litigating 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. The Shell’s contentions were twofold. 7(1) DCCP’ (at [3.1] in the 2015 ruling). 1659 (2013), as well as Lubbe v.

Litigation 52

Litigation Litigating Laws Court 52

InHouseOps

JUNE 13, 2022

First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice. And some also have a legal background. Ours are not just lawyers. Some are scientists. Some are PhDs. So it has to be in a New York Convention country.

Punitive Damages 52

Punitive Damages Healthcare Drafting Technology 52

JURIST

SEPTEMBER 20, 2021

The post India dispatches: CJI calls for ‘Indianisation’ of ‘colonial’ justice system appeared first on JURIST - News - Legal News & Commentary.

Litigation 146

Litigation Litigating Court Divorce 146

Conflict of Laws

MARCH 22, 2022

It gives information on newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Unlike the Principles, however, Law No.

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

JANUARY 11, 2022

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. A Guide to Global Private International Law”, Oxford 2022, forthcoming. A Commitment to Private International Law – Essays in honour of Hans van Loon, Cambridge 2013, pp 89-99. „The Beaumont, Paul.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 20, 2022

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. A Guide to Global Private International Law”, Oxford 2022, forthcoming. A Commitment to Private International Law – Essays in honour of Hans van Loon, Cambridge 2013, pp 89-99. „The Beaumont, Paul.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. EU Civil Procedure Law and Third Countries – Which Way Forward?, 2021-23, pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. A Guide to Global Private International Law”, Oxford 2022, forthcoming. A Commitment to Private International Law – Essays in honour of Hans van Loon, Cambridge 2013, pp 89-99. “A Beaumont, Paul.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. A Guide to Global Private International Law”, Oxford 2022, forthcoming. A Commitment to Private International Law – Essays in honour of Hans van Loon, Cambridge 2013, pp 89-99. „The Beaumont, Paul.

Drafting 52

Drafting Laws Litigation Litigating 52