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Jurisdiction

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On 1 September 2023, the Standing Committee of China’s National People’s Congress released the amendments to the PRC Civil Procedure Law (“2021 CPL”) which will take effect from 1 January 2024 (“2024 CPL”). Among these amendments, there are considerable changes in respect of foreign-related litigation, including the PRC courts’ jurisdiction over foreign-related disputes, parallel proceedings, service of process, nationality of arbitral awards and recognition and enforcement of foreign judgments. Wider scope of PRC courts’ jurisdiction…

In circumstances where an arbitration clause expressly includes only some, but not all, of the parties to a transaction, and a dispute arises between all concerned, naturally, only those parties included in the arbitration clause may participate in the arbitration, leaving the other parties to seek redress from the courts. The question is what the non-parties to the arbitration can do if the arbitration touches upon their interests? In Jaya Sudhir Jayaram v Nautical Supreme…

Australian Courts: Granting a stay of proceedings The Australian courts are often requested to enforce an arbitration agreement by granting a stay of court proceedings. A stay application may be made when a party has commenced court proceedings despite the existence of an arbitration agreement in the underlying contract. In Australia, the courts may be requested to grant a stay in relation to domestic arbitrations under section 8 of the Commercial Arbitration Act 2010 (NSW)…

Internationally working litigators and arbitration lawyers experience the following situation again and again: A US client believes that it might have a million dollar claim against a German contractual partner. The contractual partner refuses to pay. The US client therefore wants to enforce the claim in court, preferably at its “home courts”. The client has the greatest confidence in its home courts and the organizational effort is low. An action before the foreign court of…

In Philipp v. Federal Republic of Germany, No. 17-7064, 925 F.3d 1349 (D.C. Cir. 2019), the United States Court of Appeals for the District of Columbia Circuit affirmed an earlier decision allowing a lawsuit involving art taken by the Nazis to proceed in district court in Washington, D.C., but also highlighted judicial disagreement regarding the application of the Foreign Sovereign Immunities Act (“FSIA”). [1] The FSIA generally bars claims against foreign governments, but specifically provides…

In Shippitsa Ltd. v. Slack, No. 18-CV-1036, 2019 U.S. Dist. LEXIS 121994 (N.D. Tex. July 23, 2019), a federal district court reiterated the standards applicable to determining whether there is personal jurisdiction over a foreign defendant in the context of online web businesses and allegations of trademark infringement,. The court found that under federal law, the Cyprus-incorporated and -headquartered defendant’s interactive website allowing the commercial exchange of information with Texas customers was sufficient for the…