Droit international général

 

September 2024 Update: List of China’s Cases on Recognition of Foreign Judgments

 

Written by Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer*

 

On 22 September 2024, China Justice Observer released the 2024 version of the List of China’s Cases on Recognition of Foreign Judgments.[1] To date, we have collected 109 cases involving China and 26 foreign States and regions. (Note: Foreign divorce judgments are excluded in the Case List.)

The Case List was issued on July 16, 2019, and is updated annually. The 2020 update[2], 2022 update[3], and 2023 update[4] were also posted on Conflictoflaws.net.

The full version of the 2024 List of China’s Cases on Recognition of Foreign Judgments is available here.[5]

The key features of the updated list are:

• The List comprises 26 concise reports for each jurisdiction, together with a chart of bilateral judicial assistance treaties which China has concluded with 39 States, of which 35 bilateral treaties include judgment enforcement clauses.
• A total of eleven newly added cases involve one treaty jurisdiction – Russia (one case), [6]and six non-treaty jurisdictions, namely, Australia (two cases),[7] Canada (three cases),[8] Japan (one case),[9] Malaysia (one case),[10] Singapore (two cases), [11] and Thailand (one case).[12]
• Please note that in Guangxi Nanning China Travel Service Co., Ltd. v. Orient Thai Airlines Co., Ltd. (2023) Gui 71 Xie Wai Ren No. 1,[13] a local Chinese court in Nanning, Guangxi Province, ruled to recognize and enforce a Thai monetary judgment in 2024. Apart from being the first case of enforcing Thai monetary judgments in China, it is also the first publicly reported case confirming a reciprocal relationship based on “presumptive reciprocity”, a concept which was outlined in the Nanning Statement signed by the judiciary of China and the ASEAN countries in 2017. This decision is also interesting because it is unlikely, if not impossible, to have foreign judgments recognized and enforced in Thailand.
• Another noteworthy case is In re Shanghai International Corporation (2021) Hu 03 Xie Wai Ren No.1, [14] where the Shanghai Third Intermediate People’s Court ruled to recognize the Tokyo District Court’s decision to commence civil rehabilitation proceedings and the order appointing the supervisor. This marks not only the first time that China has recognized a Japanese court’s decision in a bankruptcy procedure, but also the first time that China has recognized a Japanese court judgment, signaling a potential shift in the traditionally strained mutual recognition landscape between China and Japan.
• Other newly added cases, be it foreign judgments to be enforced in China or Chinese judgments to be enforced in foreign jurisdictions, provide a valuable comparative perspective on key issues in the eyes of courts from different jurisdictions, such as the enforceability of Chinese civil settlement statements (also known as “civil mediation judgments”, cf. different views in Wei v. Li 2019 BCCA 114 (Canada)[15] and Shi Wen Yue v Shi Minjiu & Anor [2016] SGHC 137 (Singapore) [16]), finality (Canada), [17] proof of foreign judgments (Malaysia),[18] due process in absentia judgments (Singapore,[19] Russia[20]), procedural fairness/natural justice issues arising from alternative service of process (cf. Zhou v Jing [2023] NSWSC 214 (Australia),[21] Yin v Wu [2023] VSCA 130 (Australia)[22]).
• Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added.
• Case analyses have been aggregated under the country tags since 2022, so it is now easier to track down relevant cases, together with their information and analyses, in each country/region report. For example, under the tag ‘US-China Judgments Recognition and Enforcement’[23], one can find relevant case analyses involving mutual recognition and enforcement of judgments between the US and China.

 

As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.

The Case List is continually updated with new reports. Case information, comments, and suggestions are most welcome. Please feel free to contact Ms. Meng YU via e-mail at meng.yu@chinajusticeobserver.com.

 

*We would like to thank the following persons/institutions that shared thoughts and valuable information with us:

Dr. Béligh Elbalti, Associate Professor, Graduate School of Law and Politics, Osaka University, Japan; Dr. ZHANG Wenliang, Associate Professor, School of Law, Renmin University of China; Dr. SU Xiaoling, Lawyer at Beijing DHH Law Firm; Mr. WANG Chengjie, Lawyer at Allbright Law Offices (Shanghai);Wonbanglaw; Ms. Renee M Wong, Attorney at Goldberger and Dubin PC (New York); Dr. WANG Yahan, Associate Professor, Henan University School of Law; Mr. Angus Ni, Litigation attorney at AFN Law PLLC (Seattle); Asian Business Law Institute (ABLI); Ms. Dawei Gongsun, Partner at DGW Kramer LLP (New York).

 

 

 

[1] https://www.chinajusticeobserver.com/a/september-2024-update-list-of-china-s-cases-on-recognition-of-foreign-judgments

[2] https://conflictoflaws.net/2020/out-now-list-of-chinas-cases-on-recognition-of-foreign-judgments/

[3] https://conflictoflaws.net/2022/august-2022-update-list-of-chinas-cases-on-recognition-of-foreign-judgments/

[4] https://conflictoflaws.net/2023/august-2023-update-list-of-chinas-cases-on-recognition-of-foreign-judgments/

[5] https://www.chinajusticeobserver.com/a/list-of-chinas-cases-on-recognition-of-foreign-judgments

[6] https://www.chinajusticeobserver.com/a/chinese-court-refuses-to-recognize-russian-judgment-due-to-due-process

[7] https://www.chinajusticeobserver.com/t/recognizing-and-enforcing-australian-judgments-in-china

[8] https://www.chinajusticeobserver.com/t/canada-china-judgments-recognition-and-enforcement

[9] https://www.chinajusticeobserver.com/a/decoding-the-turning-point-a-closer-look-at-chinas-recognition-of-japanese-bankruptcy

[10] https://www.chinajusticeobserver.com/a/malaysia-dismisses-application-to-enforce-chinese-judgment-due-to-procedural-irregularities-in-2023

[11] https://www.chinajusticeobserver.com/t/singapore-china-judgments-recognition-and-enforcement

[12] https://conflictoflaws.net/2024/first-thai-monetary-judgment-enforced-in-china-highlighting-presumptive-reciprocity-in-china-asean-region/

[13] https://www.chinajusticeobserver.com/a/first-thai-monetary-judgment-enforced-in-china,-highlighting-presumptive-reciprocity-in-china-asean-region

[14] https://www.chinajusticeobserver.com/a/decoding-the-turning-point-a-closer-look-at-chinas-recognition-of-japanese-bankruptcy

[15] https://www.chinajusticeobserver.com/a/canadian-court-enforces-chinese-civil-settlement-statement-mediation-judgment-in-2019

[16] https://www.chinajusticeobserver.com/a/chinese-civil-settlement-statements-enforceable-in-singapore

[17] https://www.chinajusticeobserver.com/a/chinese-judgment-finality-in-doubt-in-canada

[18] https://www.chinajusticeobserver.com/a/malaysia-dismisses-application-to-enforce-chinese-judgment-due-to-procedural-irregularities-in-2023

[19] https://www.chinajusticeobserver.com/a/china-wenzhou-court-recognizes-a-singapore-monetary-judgment

[20] https://www.chinajusticeobserver.com/a/chinese-court-refuses-to-recognize-russian-judgment-due-to-due-process

[21] https://www.chinajusticeobserver.com/a/a-chinese-judgment-denied-enforcement-by-court-of-nsw-australia,-due-to-defective-service-by-post%ef%bc%9f

[22] https://www.chinajusticeobserver.com/a/a-chinese-judgment-denied-enforcement-in-australia-as-public-announcement-against-natural-justice

[23] https://www.chinajusticeobserver.com/t/recognizing-and-enforcing-american-judgments-in-china

In a judgment of 18 September 2024, the French supreme court for civil and criminal matters (Cour de cassation) dismissed a challenge to the jurisdiction of French courts over a Lebanese bank which was found to have directed its activity to France. The plaintiff was a consumer domiciled in France who had deposited monies with […]

The first issue of 2024 of Giustizia consensuale (published by Editoriale Scientifica) has just been released, and it features:

Paolo Comoglio (Associate Professor at the University of Genoa), Giustizia forzata. Lo strano caso dell’offer to settle in Cassazione nel nuovo art. 380 bis c.p.c. (Forced Justice. The Strange Case of the Offer to Settle before the Court of Cassation pursuant to the New Article 380-bis of the Italian Code of Civil Procedure; in Italian).

This article examines the accelerated definition procedure for Cassation appeals pursuant to Article 380-bis of the Italian Code of Civil Procedure, as amended by the ‘Cartabia reform’. Beginning with an analysis of case law, the article critically explores the main questions of unconstitutionality surrounding Article 380-bis and the uncertainties that this peculiar procedural device poses.

Paola Licci (Researcher at the Università di Roma Tor Vergata), La centralità della giustizia consensuale nelle controversie di lavoro (The Centrality of Consensual Justice in Labor Disputes; in Italian)

This article examines the evolution of consensual justice in labor matters, beginning with the first form of conciliation provided by the law on probiviral tribunal and ending with the assisted negotiation introduced in labor disputes by the ‘Cartabia reform’. The analysis of these institutions reveals that consensual justice plays a fundamental role in resolving labor disputes, both due to the nature of the litigation and the inability of the justice system to offer effective (and differentiated) protection swiftly.

 

Observatory on Legislation and Regulations

Federico Ferraris (Associate Professor at the Università degli Studi di Milano-Bicocca), Il regolamento di procedura e le spese di mediazione secondo il nuovo d.m. n. 150 del 2023 (ovvero come rendere sovrabbondante ciò che avrebbe dovuto rimanere essenziale, comprensibile e contenuto) (The Rules of Procedure and mediation costs under the new Ministerial Decree No 150 of 2023 (i.e. how to make superabundant what should have remained essential, understandable and contained); in Italian)

This article focuses on parts of Ministerial Decree No 150/2023, which repealed Ministerial Decree No 180/2010 (which, in turn, implemented Legislative Decree No 28/2010). In particular, it takes into consideration, on the one hand, the rules of procedure, which every mediation body must be equipped with, and, on the other hand, of the mediation fees, amended to take into account the nature of the first mediation session under the new rules, which has become ‘effective’ (as opposed to merely ‘informative’). The article aims to emphasise the complexity – if not the unreasonableness of some provisions – in the face of a procedure, the mediation, that should instead remain by definition flexible and adaptable.

 

Observatory on Jurisprudence            

Elena Zucconi Galli Fonseca (Professor at the University of Bologna), Mediazione e nuove domande (Mediation and New Claims; in Italian)

This article addresses the complex issue of whether mediation is a prerequisite for newly introduced claims within ongoing legal proceedings. The discussion begins with a landmark decision by the Plenary of the Italian Supreme Court, which ruled that counterclaims are not subject to mandatory mediation. This decision hinges on the principles of judicial economy, legal certainty, and the reasonable duration of legal processes. The article critiques the Court’s narrow view of mediation as merely a tool for reducing judicial caseloads, arguing instead for a more positive perspective on mediation as a valuable means for dispute resolution. It suggests that mandatory mediation should be understood as a mechanism to foster a culture of mediation rather than merely a procedural hurdle. The author advocates for a uniform approach to mediation obligations across different types of disputes and concludes by emphasizing the importance of court-ordered mediation in cases where counterclaims or third-party interventions open a new perspective for dispute resolution.

Angela M. Felicetti (Research Fellow at the University of Bologna), ADR per ordine del giudice nella common law inglese. I nuovi orizzonti aperti da Churchill v. Merthyr Tydfil (ADR by Court Order in English Common Law. The New Horizons Opened by Churchill v. Merthyr Tydfil; in Italian)

This comment explores the relationship between civil litigation and ADR in the United Kingdom, focusing on the evolution of court-ordered ADR. The discussion begins with an examination of the landmark decision Halsey v. Milton Keynes General NHS Trust and its impact on subsequent common law, particularly in shaping judicial attitudes towards ADR. The analysis then delves into the development of court-mandated mediation post-2004, highlighting significant changes and trends. Finally, a detailed review of the 2023 Churchill v. Merthyr Tydfil judgment exemplifies the new direction in ADR practices in England and Wales, indicating a shift in judicial perspectives and procedural approaches.

 

Observatory on Practices

Tony N. Leung (Magistrate Judge, District of Minnesota),  Finding the Intersection of Self-Interests. One Judge’s Mediation Objective, Approaches Using Science and Art, and for Settling Civil Lawsuits

This article focuses on how to conduct mediations to resolve American civil lawsuits. Mediators must know position-based and interest-based approaches to negotiation and move insouciantly between them to find the parties’ intersection of self-interests to resolve cases. A modality exists to settlement that requires knowing when to mediate, deciding on a place, preparing in advance, and deciding on the manner to conduct the mediation. The mediation modality also has structured sections: a start inspiring parties that settlement is attainable; a middle with the mediator moving from room to room while utilizing the essential skills of listening, observing, conveying empathy, and building trust, rapport, and respect; and a closing that may require the mediator to break impasse by using certain settlement tools and reminding the parties that the alternatives to settlement have unavoidable costs and risks that are worse alternatives to settlement.

Pierfrancesco C. Fasano (Director of Mediation Centre and Scientific Director of the Academy for Qualifying Mediators), The Elephant, the Forest, and the Pudding. Understanding the Patent  Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC)

This paper, using the narrative technique of metaphors, traces the institution, future operation, possible technical advantages, and potential of the Patent Mediation and Arbitration Centre of the Unified Patent Court. The regulatory framework, though fragmented and evolving, has led the first interpreters and commentators to provide doubtful or skeptical readings on the uniqueness and ability of this institution to act as a model. The conclusions reached by the author are more optimistic because they are orientated towards systematic and functional interpretation, starting from the originality of the organisational structure of the Centre, challenging cognitive biases, which sometimes frustrate the world of consensual justice.

 

Conference Proceedings

Silvana Dalla Bontà (Professor at the University of Trento), La cura delle parole. Sinteticità e chiarezza nel dialogo processuale e nella giustizia consensuale (The Care of Words. Clarity and Conciseness in Civil Litigation and Alternative Dispute Resolution Mechanisms; in Italian)

This article draws on the introductory remarks delivered at the Seminar ‘The care of words. Clarity and conciseness in civil litigation and alternative dispute resolution mechanisms’, held at the University of Trento on 5 December 2023. After analysing the recent codification of the principle of clarity and conciseness in the drafting of pleadings pursuant to the Italian Code of Civil Procedure (Art. 121) and its implementation in the Ministry of Justice Decree No 130/2023, the author inquires whether this principle can be applied to arbitration proceedings and consensual dispute resolution mechanisms such as negotiation and mediation. While acknowledging the difficulty of striking the right balance between clarity and conciseness, the article argues that the real solution of this dilemma would be to focus not on the length requirements of the pleading but on the accurate use of the words in conveying the party’s point of view. This means investing in a new culture that promotes conscious and mindful communication as a decisive means to serve justice and strengthen a cohesive society.

Marco Gradi (Professor at the University of Messina), Il processo come dialogo (The Judicial Process as a Dialogue; in Italian)

Drawing on the speech delivered at the Conference ‘The care of words. Clarity and conciseness in civil litigation and alternative dispute resolution mechanisms’, held at the University of Trento on 5 December 2023, the essay deals with the form of the procedural dialogue between the parties from an ethical perspective. The judicial process is a dialogue between the litigants, which requires a fair exchange on the disputed issues, according to a principle of cooperation. Based on this premise, the author examines the question of the length and conciseness of procedural acts, the art of eloquence and the elegance of speech, and the relationship between truth and clarity of the parties’ statements.

Maria C. Erlicher (formerly President of the First Division (Civil) of the Bolzano Tribunal), Il processo bilingue italiano-tedesco. La cura delle parole tra garanzie e sfide (The Bilingual Italian-German Process. The Care of Words Between Guarantees and Challenges; in Italian)

Drawing on the speech delivered at the Conference ‘The care of words. Clarity and conciseness in civil litigation and alternative dispute resolution mechanisms’, held at the University of Trento on 5 December 2023, the article provides an overview of the use of Italian and German in the judicial offices of the Autonomous Province of Bolzano – South Tyrol, with a focus on the bilingual Italian-German civil trial. Particular attention is paid to the difficulties that the application of the principles of clarity and conciseness set forth in the ‘Cartabia reform’ may encounter in the context of the bilingual Italian-German trial and the practices adopted to date to make the management of court proceeding more efficient. The aim is to highlight the importance of careful wording on the part of all legal practitioners in the judicial offices of the Autonomous Province of Bolzano – South Tyrol in order to avoid misunderstandings both in the procedural dialogue, particularly in the bilingual Italian-German trial, and in the context of consensual justice, where language is an essential tool to ensure a proper understanding.

Elena Gabellini (Researcher at the University of Bologna), La cura delle parole nella dimensione arbitrale: tra libertà e vincoli (The Care of Words in Arbitration: Between Freedom and Constraints; in Italian)

Drawing on the speech delivered at the Conference ‘The care of words. Clarity and conciseness in civil litigation and alternative dispute resolution mechanisms’, held at the University of Trento on 5 December 2023, the article analyses how written and spoken language, which are elements constituting the minimal framework of each trial, are applied in the arbitration. After a brief overview of the features of arbitration proceeding, the study focuses on the significance of dialogue within this procedural framework. In this way, it will be possible to define the actual application of the principles of conciseness and clarity of procedural acts, which have been recently incorporated embedded into the civil trial, within the framework of arbitration.

Silvana Dalla Bontà (Professor at the University of Trento), La cura delle parole tra processo e metodi consensuali. Per una gestione responsabile del conflitto (The Care of Words Between Process and Consensual Methods. For a Responsible Management of the Dispute; in Italian)

Drawing on the speech delivered at the Seminar ‘The care of words. Clarity and conciseness in civil litigation and alternative dispute resolution mechanisms’, held at the University of Trento on 5 December 2023, the article explores the crucial role of ‘the care of words’ in diffusing conflict, rebuilding trust, and generating creative solutions. To this end, lawyers can play a pivotal role in encouraging conflicting parties to adopt a cooperative and non-adversarial approach to conflict resolution. In this respect, client interviews represent a unique opportunity for lawyers to empower parties, explore their interests, and assess the best way to deal with their problems. Effective communication, appropriate questions, active listening, and constructive feedback are some of the tools lawyers can use to foster a collaborative approach to problem resolution. This ‘new’ lawyer will be the best promoter of a ‘new’ justice which, by integrating judicial and non-judicial dispute resolution mechanisms, will foster social cohesion and preserve the judicial function for disputes that truly require the intervention of a third-party decision.

 

Finally, this issue features the following Book Reviews:

A book review by Silvana Dalla Bontà (University of Trento): Giuseppe RUFFINI (a cura di), Diritto processuale civile, vol. I, La giustizia civile, il Mulino, Bologna, 2023, 1-549; vol. II, La giustizia consensuale e il processo di cognizione, il Mulino, Bologna, 2024, 1-506.

A book review by Jachin Van Doninck (Vrije Universiteit Brussel): Anna NYLUND and Antonio CABRAL (eds.), Contractualisation of Civil Litigation – Contractualisation de la Procédure Civile, Cambridge, Intersentia, 2023, i-xv, 1-517.

A book review by Marco Buzzoni (Luxembourg Center for European Law, University of Luxembourg): Katia FACH GÓMEZ, The Technological Competence of Arbitrators: A Comparative and International Legal Study, European Yearbook of International Economic Law (Special Issue), Springer Nature, 2023, vii-xiv, 1-172.

 

 

A new volume on the Colombian Draft Project on Private International Law has been published in the series of the Department of Law at the University of Turin, and under this link. The editors, Margherita Salvadori (University of Turin) and Gilberto Boutin (University of Panama) have kindly shared the following information with us: The book presents a comprehensive investigation of the ‘Project of a General Law on Private International Law for Colombia’ , developed by the Istituto Antioqueño de Derecho Internacional Privado (hereinafter: ‘IADIP Draft’). It offers readers a holistic view of the subject, bringing together international experts and providing a detailed mapping of how Colombia can enhance its synergy with the international community and improve interactions with other national legal systems. In particular, the Book features the following contributions:

• Claudia Madrid Martínez, “General Institutions of Private International Law in IADIP’s Draft General Act on Private International Law”. This article examines the fundamental institutions of Private International Law essential for resolving conflicts of laws and applying foreign laws. It focuses on Chapter II of the IADIP Draft, providing solutions based on the Inter-American Convention ratified by Colombia.
• Ennio Piovesani, “Article 4 PGLPIL on Internationally Mandatory Provisions”. A brief commentary on Article 4 of the IADIP Draft, addressing the category of internationally mandatory provisions.
• María Julia Ochoa Jiménez, “Rights of Indigenous Peoples and Communities”. This article explores how Colombian private international law, traditionally emphasizing territoriality, has often overlooked the legal diversity of indigenous peoples and their internationally recognized rights. The IADIP Draft aims to align Colombian law with legal pluralism to better recognize these differentiated rights.
• Margherita Salvadori, “General Overview on the PGLPIL’s Rules on Choice-of-Court Agreements and on their Importance for the Colombian Legal System”. Discusses the lack of specific regulations on choice-of-court agreements in Colombia, the role of the rules of the IADIP Draft, and the proposed rules on lis pendens. The article concludes that adopting the 2005 Hague Convention would benefit international trade in Colombia.
• José Luis Marín Fuentes, “The Recognition of International Judicial Decisions in the Draft Act on Private International Law for Colombia”. Examines the recognition of foreign judicial, administrative, and arbitral decisions in Colombia, highlighting the need for urgent reform.
• María Julia Ochoa Jiménez, “Property Law”. Critiques Article 20 of Colombia’s Civil Code, noting its outdated terms and confusing language and highlights how the IADIP Draft seeks to clarify and update regulations to better reflect recent developments in property law.
• Claudia Madrid Martínez, “Law Applicable to International Contracts”. Highlights the inadequacy of Colombian Private International Law concerning international contracts, while stressing how the IADIP Draft aims to address these gaps, especially given that Colombia has not ratified the Inter-American Convention on Law Applicable to International Contracts.
• Margie-Lys Jaime, “International Arbitration in Colombia”. Reviews Colombia’s role in international arbitration conventions and its 2012 Law 1563, discussing the regulation of international commercial arbitration, enforcement challenges, and Colombia’s experience with investor-state dispute settlement (ISDS).
• Gilbert Boutin Icaza, “Comparative Law between Panama and Colombia regarding Private International Law Companies under the Code of Private International Law of Panama and The Project of Private International Law in Colombia”. Compares conflict of law systems in Panama and Colombia, focusing on the criteria for determining the nationality of companies and the implications of re-domiciliation for tax and commercial purposes.
• Nestor Raul Londoño Sepulveda & Melissa Palacio Maldonado, “A Hypothesis About the Application of the Montevideo Treaties of 1889 in Colombia”. Discusses Colombia’s reliance on outdated international agreements and the need for a coherent Private International Law system, and highlights the frequent disregard and misapplication of these treaties.
• Finally, the book features an English translation of the IADIP Draft.

The second edition of the EAPIL Winter School held annually in Como, Italy, will focus on Multistate Torts.

The event is organized by the University of Insubria in cooperation with the Jagiellonian University in Kraków and the University of Murcia and will feature English classes from about 20 international experts. It is aimed primarily at law graduates, law practitioners and PhD candidates with an interest in private international law, EU law and human rights law.

An online teaser seminar presenting the Winter School will take place on 2 December 2024, 6 p.m. CET. Those interested in participating in the online seminar are invited to send an email to eapilws@gmail.com in order to receive the link to the meeting.

In order to apply, interested candidates need to fill out this form.

The full programme can be found here, more information is also available here.

 

 

IE Law School in Madrid, Spain, is currently advertising four tenure-track assistant professorships, preferably in private law, commercial & corporate law, IP law, or digital & tech law, among others.

More information can be found here.

Private International Law in Türkiye by Emre Esen and Melis Avsar is now available: https://iupress.istanbul.edu.tr/tr/book/private-international-law-in-turkiye/home 

Private International Law in Türkiye is now available and free to access, offering a comprehensive English-language resource on Turkish Private International Law. Written by Emre Esen and Melis Avsar, the book fills a significant gap for students, practitioners, and scholars alike. Drawing on extensive teaching experience, the authors provide practical guidance for cross-border disputes in Türkiye while addressing key discussions from Turkish legal literature. In addition, the book includes Turkish court decisions and applications, making it an invaluable tool for legal professionals.

The author of this post is Nishat Hyder-Rahman, Postdoctoral Research Fellow, MSCA Impact Fellowship Programme, Department of Private and Economic Law, Vrije Universiteit Brussel. A previous post on this post discussed the chamber decision of the European Court of Human Rights (ECtHR) in the case of Verhoeven v France. The case concerned whether the French […]

Angola deposited its instrument of accession to the 1993 Adoption Convention on 14 March 2024. According to Article 46(2)(a), and as notified by the Depositary (i.e. the Ministry of Foreign Affairs of the Netherlands), this Convention entered into force for Angola on 1 July 2024.

The Depositary provided a six-month period to file objections in accordance with Article 44(3) of the Adoption Convention, which ended on 18 September 2024.

Germany filed an objection on 27 August 2024 and the Netherlands on 17 September 2024. As a result, the Adoption Convention did not enter into force between Angola and those States. For more information, click here.

Interestingly, under this Convention there is approximately a 3-month gap between the date of entering into force and the ending of the objection period.

 

Emre Esen (Istanbul University) and Melis Avşar (Istanbul University) authored Private International Law in Türkiye with Istanbul University Press. The authors explain that, while teaching private international law in English to Erasmus students at Istanbul University’s Faculty of Law, they noticed a gap: despite the availability of numerous resources on private international law in Turkish, […]

The book Derecho de familia internacional en un contexto de creciente migración: cuestiones vinculadas con el reglamento 2019/1111 has just been released by Aranzadi. The director of the book is Professor Beatriz Campuzano Díaz. It is open access, click here.

The table of contents is as follows (underlined the only article in English):

I PARTE. CUESTIONES VINCULADAS CON EL ÁMBITO DE APLICACIÓN

Tratamiento de la diversidad de estructuras familiares en los reglamentos europeos y continuidad del estatuto personal

Mª Ángeles Sánchez Jiménez

La filiación en el DIPr de la UE: entre la situación actual y las perspectivas de cambio

Beatriz Campuzano Díaz

II PARTE. CUESTIONES VINCULADAS CON LAS NORMAS DE COMPETENCIA JUDICIAL INTERNACIONAL

Los mecanismos de solución de la litispendencia internacional en materia de responsabilidad parental y la comprobación de la competencia judicial internacional. Perspectiva española

Elena Cano Bazaga

III PARTE. CUESTIONES VINCULADAS CON LA SUSTRACCIÓN INTERNACIONAL DE MENORES

El derecho del menor a ser oído y su articulación en el Derecho procesal español. Especial referencia al procedimiento de restitución o retorno

Pilar Martín-Ríos

Análisis de la jurisprudencia sobre el procedimiento de restitución de menores y su regulación en la LEC

Antonio Jesús Calzado Llamas

Problems related to the procedure of minors´returning decisions, with reference to Polish law

Monika Walachowska

IV PARTE. CUESTIONES VINCULADAS CON LA EFICACIA EXTRATERRITORIAL DE RESOLUCIONES, DOCUMENTOS PÚBLICOS Y ACUERDOS

Medidas para facilitar la aplicación en España de las normas sobre reconocimiento y ejecución del Reglamento 2019/1111: propuestas de lege ferenda

María Ángeles Rodríguez Vázquez

Mediación en procesos de responsabilidad parental

Antonia Durán Ayago

V PARTE. LAS RELACIONES CON TERCEROS PAÍSES

Cooperación judicial internacional en materia matrimonial y de responsabilidad parental con el Reino Unido y Gibraltar después del Brexit

Miguel Checa Martínez

El reconocimiento del divorcio marroquí en España. El método comparado como alternativa

Salma El Ouazzani Chahdi

Las resoluciones sobre filiación y las relaciones paternofiliales dictadas por las autoridades españolas y su incidencia en los ordenamientos jurídico español y marroquí: una perspectiva de género

Mª Dolores Adam Muñoz

El papel de las autoridades brasileñas en la lucha contra la sustracción internacional de niños

Aline Beltrame de Moura, Fellipe Leal

VI PARTE. MENORES, FAMILIA, DERECHO DE EXTRANJERÍA Y PROTECCIÓN INTERNACIONAL

¿Novedades en el Derecho de familia de los extranjeros en España? Un nuevo derecho “de familias” también para los extranjeros en España

Elena López Barba

Menores refugiados, una aproximación a las medidas de protección: del Reglamento Dublín al Reglamento Bruselas, pasando por Ucrania

Casilda Rueda Fernández

El derecho de la infancia migrante no acompañada a reunirse con sus familiares en situaciones fronterizas

Lucía Ione Padilla Espinosa

Protección de menores víctimas de matrimonios forzados en el derecho migratorio de la Unión Europea. Especial referencia al derecho de reagrupación familiar

Cristina María Zamora Gómez

El Derecho Internacional Privado y su incidencia en la protección jurídica de las mujeres víctimas de violencia de género. Especial referencia al Reglamento 2019/1111

Juana de los Ángeles Toledo Larrea

 

 

 

 

On 26 and 27 June 2025, the University of Graz will host a Private International Law Workshop, following previous editions in Linz (2022), Innsbruck (2023), and Vienna (2024). The workshop, held in German, is being organized by Florian Heindler (SFU Vienna), Simon Laimer (University of Innsbruck), Brigitta Lurger (University of Graz), and Martina Melcher (University […]

The editors of the European Yearbook of International Economic Law (EYIEL) welcome abstracts from scholars and practitioners at all stages of their career for the EYIEL 2025. This year’s Focus Section will be on Global Sports and International and European Economic Law. Next to this, the General Section will consider contributions addressing Current Challenges, Developments […]

As announced on this blog, the second edition of the European Association of Private International Law Winter School will take place in Como between 10 and 15 February 2025. Organised by the University of Insubria, in cooperation with the Jagiellonian University in Kraków and the University of Murcia, the 2025 edition of the Winter School […]

On 18 September 2024, the UK Supreme Court finally gave the reasons for its unanimous judgment (Lord Leggatt, with whom Lord Reed, Lord Sales, Lord Burrows and Lady Rose agreed), announced on 23 April 2024, in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30. It upheld the judgment of the Court of Appeal ([2024] […]

As announced, the Mexican Academy of Private International and Comparative Law (AMEDIP) will be holding its annual XLVII Seminar entitled “The teaching, research and promotion of private international law in Mexico” (La enseñanza, investigación y difusión del Derecho Internacional Privado en México) from 23 to 25 October 2024. The final program is now available here. The deadline for early bird registration is 23 September 2024, click here.

In addition, AMEDIP is organising a webinar on Thursday 26 September 2024 at 15:00 (Mexico City time). The topic of the webinar is international civil judicial cooperation & new technologies and will be presented by Prof. Pablo Enrique de Rosas (in Spanish).

The details of the webinar are:

Link: https://us02web.zoom.us/j/88653189527?pwd=3R3n0Wy7W1KjQbs0YaBp0dRJZXaoEd.1

Meeting ID: 886 5318 9527

Password: AMEDIP

Participation is free of charge.

This event will also be streamed live: https://www.facebook.com/AmedipMX

The United Nations University – Maastricht Economic and Social Research Institute on Innovation and Technology (UNU-MERIT) is organising a seminar online on the children’s right to be heard (incl. in cases of international child abduction) on 25 September 2024 from 14:00 to 16:00 CEST.

Participation is free of charge. For more information and access details, click here.

The programme is as follows:

14:00  Opening remarks
Marieke Hopman (Maastricht University)

14:05  Institutionalized adolescents and their right to be heard
Julieta Marotta (UNU-MERIT) & Laura Lora (Universidad de Buenos Aires)

14:25  Children in post-conflict peacebuilding and their right to be heard 
Lucy Opoka (Leiden University)

14:45  Internationally abducted children & their right to be heard 
Mayela Celis Aguilar (Maastricht University)

15:05  Family judges and the visibility of children in court
Alicia Taliercio (former Family Judge Prov. Buenos Aires)

15:25  Directors and the right of children to be heard
Natalia V. González García Cuerva (director of Hogar También son Nuestros)

15:45  Open dialogue
Moderator: Julieta Marotta (UNU-MERIT)

UNU-MERIT is a research and training institute of the United Nations University (UNU – headquarters in Tokyo and 13 institutes) which collaborates closely with Maastricht University.

Since its foundation in 1926, the Max Planck Institute in Hamburg (or its predecessor) has continuously published the collection of PIL decisions by German courts. ‘Die deutsche Rechtsprechung auf dem Gebiete des Internationalen Privatrechts’, or short ‘IPRspr’, offers the complete and systematic documentation of German case law on private international law, including procedural law and foreign law. The decisions are boiled down to their private international law aspects and categorized according to subject matter. Depending on the case, the headnotes are reformulated or completely rewritten.

Even though both academics and practitioners have always regarded the IPRspr as an important source of information, its practical value was somewhat diminished by the time lag between the reporting period and the publication, as well as by the limited search options. In order to realize its full potential, it was therefore decided in 2019 to convert the IPRspr into a freely accessible database. After several years of planning, programming and updating, this project has now been successfully concluded under the direction of the Centre for the Application of Foreign Law, headed by Jan Peter Schmidt.

On 1 October 2024 at 11:00, the editorial team will officially present the ‘IPRspr 2.0’, as part of the series ‘Current Research in Private International Law’ (registration at <https://events.mpipriv.de/vorstellungderiprspr>; in line with the language of publication, the event will be in German). The database can already be accessed at <iprspr.de>.

The new IPRspr not only offers free and easy access to the PIL decisions of German courts, but also a wide range of search and retrieval functions. The database currently contains around 6,500 decisions dating back to 2004. New decisions are continually being incorporated. Next to the “Hamburg Guidelines for Ascertaining and Applying Foreign Law in German Litigation”, which will soon be published in their English translation, the IPRspr thus forms another building block for the successful dealing with cross-border cases.

As a book publication, however, the IPRspr will be discontinued. The volume published in 2022 with the decisions from 2019 was therefore the last edition of IPRspr as a printed work after almost a hundred years of existence.

The editorial team encourages the PIL community to cite decisions in parallel with the IPRspr number in future and to submit or communicate new decisions. And it looks forward to any other kind of feedback (iprspr@mpipriv.de).

This post is authored by Antonio Leandro, Professor of Public and Private International Law at the University of Bari. On 19 September 2024, the Court of Justice delivered its judgment in case C-501/23 DL v Land Berlin, which deals with the functioning of the COMI in Regulation (EU) 2015/848 on insolvency proceedings (‘EIR’). The Court […]

As announced on this blog, Xandra Kramer (Erasmus University Rotterdam and Utrecht University) and Laura Carballo Piñeiro (University of Vigo) edited Research Methods in Private International Law – A Handbook on Regulation, Research and Teaching. Following the previous online book launch, an additional one is scheduled for 23 September 2024, from 10am to 11:30am CEST. Similar […]