Although Hong Kong is a half of China, its legal system is totally different to the Mainland Chinese system, being based mostly on English common legislation . It relies largely on the UNIDROIT General Principles of International Commercial Contracts and reflects most elementary rules of Western European civil regulation techniques, albeit with certain particular guidelines and some important uncertainties . The Qingdao Maritime Court and your court’s collegial panel agree that those defenses cannot stan Fourth, relating to other procedural issues of this arbitral award, the respondents, the CEIEC Shangdong Branch and Xixiakou, raise different defenses such because the arbitral award was made over time, and so forth. Article 5 of the GPCL offers that the lawful civil rights and pursuits of residents and legal persons shall be protected by regulation; no group or individual may infringe upon them. (see page 32-33) doesn’t clearly regulate the applying of the popularity and enforcement of overseas judgments .
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Second, the arbitration clause explicitly stipulates that the place of arbitration is Los Angeles, California, and the arbitration institution is the AAA. In conclusion, this court agrees along with your court’s opinions that the applicant’s prices which resulted from the lawsuit within the Chinese court shouldn’t be acknowledged and enforced, and the relaxation of the prices award ought to be recognized and enforced. Hence, the legislation relevant to this case should be the US federal law and the Californian legislatio Upon examination, this courtroom agrees with the opinions of the Qingdao Maritime Court and lawyer turkey citizenship by investment your court’s collegial panel.
The case should be adjudicated by this courtroom in accordance with the special provisions of the foreign-related civil procedure. LU Guanji, LU Guanyu, LU Guanchi, Yaode Company and Yaozhong Company failed to choose on the applicable legislation. In accordance with Article 41 of the Chinese Private International Law 2010, the relevant legislation must be determined in accordance with the principle of the closest connectio Taiwan CrossTaiwan Crosstaiwan crosslaw firm TaizhongLaw Firm Taizhong
This is a civil case with international and Hong Kong area elements concerned. The present case is a dispute over the creditor’s right of a contract. YANG Weikang explicitly asserts the appliance of the legal guidelines of the Mainland China.
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