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4 Jan 2022, 1:52 am by Jan von Hein
In particular, the article discusses possible restrictions of the right to choose between the law of the state in which the damage occurred and the law of the state in which the event giving rise to the damage took place (Art. 7 No. 2 Brussels Ia Regulation and Art. 7 Rome II Regulation). [read post]
12 Dec 2021, 2:44 pm by Donald Clarke
We can see this in the ICJ’s decision in Bosnia and Herzegovina v. [read post]
27 Nov 2021, 2:16 am by Chukwuma Okoli
The defendant/appellant challenged the jurisdiction of the High Court of Cross Rivers State, and asked for a stay of proceedings on the basis that there was an exclusive choice of court agreement in favour of England. [read post]
1 Nov 2021, 9:57 am by Emily Dai
” This Wednesday, the Supreme Court will hear arguments in New York State Rifle & Pistol Association v. [read post]
1 Nov 2021, 4:01 am by Jan von Hein
The court held that the enforcement provision Article V (1) lit. a New York Convention applies already before or during arbitral proceedings. [read post]
1 Nov 2021, 3:20 am by Xandra Kramer
/ p. 532-542 Abstract This article discusses the recent judgment of the District Court of The Hague in Milieudefensie et al. v. [read post]
29 Oct 2021, 1:13 am by Thalia Kruger
(L 199) 40 (EC), art 1 (2) (f). [4] See eg Case C-212/97, Centros Ltd. v. [read post]
10 Sep 2021, 8:26 am
  One has seen how that is now being developed using the mechanisms of private law in OECD Specific Instance applications against enterprises ealleged to have breached their responsibility (markets driven private law based) and to that extent extra legal as a function of domestic legal orders) through acts of complicity in fragile states, conflict zones, or in cooperating with states whose own views of human rights ans sustainability are incompatible with those of the home… [read post]
30 Aug 2021, 12:19 am by Jan von Hein
It is shown that a mere reinterpretation of the existing Article 5 Rome II Regulation might lead to legal insecurity, and that an addition of the provision is preferable. [read post]
1 Jul 2021, 9:04 am
     ‘Un Somaro Piumato’--Rethinking the Scope and Nature of State Liability for Acts of their Commercial Instrumentalities: State Owned Enterprises and State-Owner Liability in the Post-Global Larry Catá Backer[1]   Abstract: Under what circumstances might a state be subject to liability for the conduct of its state owned enterprises (SOEs)? [read post]