Remove Government Remove Legal Remove Procedural Law Remove Tort
article thumbnail

Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

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.

article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2021: Abstracts

Conflict of Laws

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

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.

article thumbnail

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

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
article thumbnail

China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

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.

article thumbnail

Conflict of Laws - Untitled Article

Conflict of Laws

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.

article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2021: Abstracts

Conflict of Laws

The CJEU (Grand Chamber) has issued a landmark ruling on the borderline between contract and tort disputes under Article 7(1) and (2) of the Brussels I-bis Regulation. 102 TFEU and/or national competition law rules. The decision also deals with questions of German procedural law.