Conflict of Laws

APRIL 16, 2022

Unsurprisingly, as some national procedural laws provide for a possibility to ‘introduce’ a third State judgment within their system through a simplified and/or summary procedure, this question has been debated in the literature. It seems that two elements of major importance paved the way for this affirmative answer.

Contract 98

Contract Procedural Law Court Laws 98

Conflict of Laws

FEBRUARY 26, 2024

While the process of digitalisation of judicial cooperation and cross-border procedures in the EU has been ongoing for some time already, the new Digitalisation Regulation represents a major step for advancing digitalisation practices in the EU. The Regulation will apply from 1 May 2025 – with some exceptions.

Technology 62

Technology Legal Legal Procedural Law 62

Conflict of Laws

JUNE 21, 2023

It is open to submissions of unpublished/ongoing works by faculty professors, investigators, as well postgraduate and undergraduate students, on topics of interest for the research agenda of Private International Law, its strategies and potential impacts on society, local/regional spaces, and international organizations.

Procedural Law 40

Procedural Law Laws Technology Legal 40

Conflict of Laws

JUNE 27, 2022

The decision of the OLG München (Higher Regional Court of Munich) regarding a brokerage contract shows that it is not always possible to determine the place of main performance. The decision concerns a classical question of classification: the delimitation of succession law from procedural law.

Contract 40

Contract Procedural Law Laws Legal 40

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. Penasthika rightly observes that this signifies confusion between jurisdiction and choice of law, because what the Indonesian courts should apply is substantive and not procedural law.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

SEPTEMBER 4, 2023

Building on the comments, the present article authored by the members of the Marburg Group focuses on the main points of critique and considers the present state of discussion on the proposed Regulation. 1 Besides, it should also be associated with a more extensive and, in consequence, time-consuming reform of procedural law.

Procedural Law 67

Procedural Law Court Legal Legal 67

SCOTUSBlog

NOVEMBER 2, 2022

g) is a procedural mechanism that allows Arizona petitioners to challenge their conviction or sentence when there is a “significant change in the law” that would impact their case. g) purposes. As background, a Pima County jury convicted Cruz of capital murder in 2005.

Court 114

Court Laws Procedural Law Lawyer 114

Conflict of Laws

JULY 9, 2021

Article 51 of the PRC Maritime Special Procedure Law provides that the maritime court may upon the application of a maritime claimant issue a maritime injunction to compel the respondent to do or not to do certain acts in order to protect the claimant’s lawful rights and interests from being infringed. [4] See Article 100, para.1

Court 52

Court Procedural Law Litigation Litigating 52

Conflict of Laws

JUNE 2, 2022

Nikolaos Klamaris on the international jurisdiction of the Court of Piraeus (Department of Maritime Disputes) on a tort, committed in Piraeus by defendants based in Asia, while in the column L&F Praxis, the Judge Mr. Georgios Safouris presents the main practical problems of the referral questions to the CJEU within 11 Q&As.

Tort 40

Tort Court Procedural Law Laws 40

Conflict of Laws

DECEMBER 15, 2020

Did national jurisdictions adapted their substantial and procedural laws to meet the challenges faced by cross-border families during the pandemic? Abstracts should include: An overview of the main question and arguments of your contribution (up to 500 words). How do legal Covid-19 restrictions affect cross-border families?

Law School 98

Law School Legal Legal Legal Research 98

Conflict of Laws

AUGUST 17, 2022

Main findings. The procedural method and the time of presentation of the documents referred to in Article 4 § 1 NYC are still regulated by the procedural law of the trial judge, in the case at hand the Greek Code of Civil Procedure. It simply determines the burden of proof and the party borne with it.

Sports 52

Sports Procedural Law Court Contract 52

Conflict of Laws

SEPTEMBER 6, 2022

Carlos Santaló Goris, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Ph.D. This information mechanism is perhaps one of the main appeals of the EAPO.

Procedural Law 52

Procedural Law Court Laws 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. In the Swiss decision, the binding nature of a non-signatory is based on its interference in the performance of the main contract of other parties.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

SEPTEMBER 12, 2022

On 9 September 2022, the Max Planck Institute for Procedural Law Luxembourg hosted a conference on the Brussels Ibis Reform, in collaboration with the KU Leuven and the EAPIL. The Brussels Ibis Regulation is certainly the fundamental reference-instrument of cross-border judicial cooperation in civil matters within the European Union.

Procedural Law 40

Procedural Law Drafting Court Laws 40

Conflict of Laws

APRIL 26, 2021

Zwirlein-Forschner: Road Tolls in Conflict of Laws and International Jurisdiction – a Cross-Border Journey between the European Regulations. The payment of such road tolls can be organized either under public or under private law. 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

JANUARY 27, 2022

Mariottini (Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law), The Singapore Convention on International Mediated Settlement Agreements: A New Status for Party Autonomy in the Non-Adjudicative Process. Cristina M.

Technology 98

Technology Legal Legal Government 98

Conflict of Laws

DECEMBER 19, 2022

Reibetanz: Procedural Consumer Protection under Brussels Ibis Regulation and Determination of Jurisdiction under German Procedural Law (Sec. German procedural law does not provide for a place of jurisdiction comparable to Article 8 (1) Brussels Ibis Regulation, the European jurisdiction for joinder of parties.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

JUNE 30, 2022

Professor Francesco Paolo Luiso (University of Pisa, Italy – Academician of the Order of Lincei ) then proceeded to effectively illustrate the essential role played by lawyers in changing the traditional paradigm of dispute resolution which sees court adjudication as the main (if not, the sole) way of settling disputes.

Technology 52

Technology Procedural Law Lawyer Lawyers 52

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws.

Contract 98

Contract Cause of Action Court Laws 98

Conflict of Laws

OCTOBER 28, 2022

Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. As a result of two recent reforms the German private international and procedural laws applicable to adoptions have changed quite substantively. The Act contains conflict-of-law rules as well as rules on procedure.

Contract 52

Contract Laws Government Court 52

Conflict of Laws

DECEMBER 4, 2022

Main Content. 277 of the PRC Civil Procedure Law, different from domestic trials, foreign-related trials would not be subject to the statutory time limit. The Content can be divided into different categories according to the goals of Regulation 2022. ?1?Convenience Convenience and Efficiency. Predictability.

Court 40

Court Litigation Litigating Procedural Law 40

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. 284, para.

Drafting 52

Drafting Contract Tort Litigation 52

LexForti

JANUARY 29, 2022

Here Kelsen points out the fact regarding Austin’s theory of law that where law is a command of a sovereign, backed by sanction. But here, Austin’s theory is saying that what law ‘Ought’ to be and not what law is. This is the point where Austin’s theory fails on justifying International law, procedural law etc.

Laws 52

Laws Legal Legal Constitutional Law 52

Conflict of Laws

NOVEMBER 1, 2021

The blockchain-ready Electronic Securities Act (Gesetz über elektronische Wertpapiere: eWpG) comes with its own conflict of laws provision. This paper addresses the subject matter, connecting factors, and questions of the applicable law of said rule. The main focus is on the relationship between Art.

Divorce 40

Divorce Contract Court Legal 40

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.

Legal 57

Legal Legal Laws Court 57

Conflict of Laws

SEPTEMBER 1, 2022

Localising the place of damage in the context of capital investment cases is a perennial problem both under national and European civil procedural law. 167 of the Civil Procedure Code (ZPO) aims to relieve the parties of the risk accruing to them through late official notification of legal action over which they have no control.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

Tort 75

Tort Litigation Litigating Finance 75

Conflict of Laws

DECEMBER 16, 2020

This report has been prepared by Priyanka Jain , a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. On 8-9 October 2020, ERA – the Academy of European Law – organized its Annual Conference on European Consumer Law 2020. Introduction: .

Laws 52

Laws Legal Secretary Litigation Litigating 52

Conflict of Laws

FEBRUARY 7, 2023

iii] The court reviewed the challenge under Article 281 of the Chinese Civil Procedure Law, which dealt with the challenge to foreign-related arbitral awards. Given our focus on third-party funding, this note only discussed the first two grounds.

Law Firm 52

Law Firm Law Firms Court Laws 52

Conflict of Laws

FEBRUARY 24, 2022

The main novelty profile consists in the wide space left to the use of communication technologies for the implementation of judicial assistance mechanisms: they mark the distance with respect to the oldest communication tools and touch each “segment” of the overall activity through which evidence is taken in a State other than that of the trial.

Litigation 52

Litigation Litigating Procedural Law Laws 52

Conflict of Laws

MAY 17, 2022

The case also gave the ECJ reason to address some interesting aspects of international jurisdiction under Article 35 of the Brussels Ibis Regulation and the relationship between this provision and the procedural laws of the Member States. Thon: Jurisdiction Clauses in General Terms and Conditions and in Case of Assignment.

Contract 40

Contract Legal Legal Court 40

Conflict of Laws

APRIL 27, 2023

Articles 13 and 14 of China’s draft law closely parallel Articles 19-21 of the U.N. The main difference appears in Article 13(3)’s exception for enforcing court judgments, which is expressly limited to Chinese court judgments and requires that the property “relates to the proceedings.” Convention. Because the U.S.

Drafting 52

Drafting Laws Court Litigation 52

Conflict of Laws

FEBRUARY 5, 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 Czech domestic legislation regarding the EAPO Regulation. Introduction. 6/2002 Coll.,

Court 52

Court Procedural Law Laws Government 52

Conflict of Laws

AUGUST 30, 2023

EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp. 181-187 Malachta, Radovan “Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit: Overview”, in Jirí Valdhans (ed.),

Drafting 97

Drafting Laws Litigation Litigating 97

Conflict of Laws

MARCH 19, 2021

The article argues that in general the interpretation of choice of court agreements is subject to the lex causae of the main contract. They are effective throughout the EU and are not influenced by the peculiarities of the national substantive law of the member states. 25 Brussels Ia Regulation itself.

Divorce 52

Divorce Contract Tort Court 52

ClimateChange-ClimateLaw

DECEMBER 12, 2023

The mere admissibility of the lawsuit is a victory in itself, given that German environmental law – at least in its express wording – does not give environmental associations the right to sue for the implementation of immediate action programs under the CCA.

Litigation 141

Litigation Litigating Government Court 141

Conflict of Laws

JANUARY 14, 2021

This report has been prepared by Priyanka Jain , a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. candidate at the University of Luxembourg. Introduction: .

Data Management 52

Data Management Laws Legal Legal 52