Agrégateur de flux

It’s been another busy year for the EAPIL blog. More than 300 new posts have been published over the past twelve months. Around 80 of them focused on cases brought before the Court of the Justice of the EU, the European Court of Human Rights and domestic judicial authorities. There were fewer posts on case […]

The first issue of the IPRax (Praxis des Internationalen Privat- und Verfahrensrechts) for 2025 will be published on 6 January 2025. The following advance abstracts have been kindly provided by the editor of the journal. W. Hau, Third countries and the revision of the Brussels Ibis Regulation: jurisdiction, parallel proceedings, recognition and enforceability [German] The […]

I.  Introduction

Foreign family law decisions can be recognized, and where necessary, enforced in Japan if they meet the prescribed requirements for this purpose. Prior to 2018, it was an establish practice to apply the same recognition and enforcement regime used for civil and commercial matters to foreign family law decisions. However, discussions existed in literature regarding whether constitutive family law judgments and decrees should be recognized following the choice of law approach, or whether the specific characteristics of foreign family law decisions might justify exceptions, such as the non-application of certain recognition requirements (see Mario Takeshita, “The Recognition of Foreign Judgments by Japanese Courts” 39 Japanese Annual of International Law (1996) 59-61).

Since 2018, the applicable regime has been significantly clarified, effectively putting an end to much of the prior academic debate on the subject. This development stems from the introduction of new provisions on the recognition and enforcement of foreign family law decisions in the Act No. 20 of 2018, which amends the procedural acts applicable to family law cases as it will be outline below (English translation can be found in 62 Japanese Yearbook of International Law (2019) 486. See also Prof. Yasuhiro Okuda’s translation in 50 ZJapanR/J. Japan.L (2020) 235).

This Act, which came into force on 1 April 2019, also introduces new detailed rules on international jurisdictional in family law disputes (for details, see Yuko Nishitani, “New International Civil Procedure Law of Japan in Status and Family Matters” 62 Japanese Yearbook of International Law (2019) 141; Yasuhiro Okuda, New Rules on International Jurisdiction of Japanese Courts in Family Matters, 50 ZJapanR/J. Japan.L (2020) 217).

Nonetheless, it has to be acknowledged that, in the context of the recognition and enforcement of foreign family law decisions, several issues remain open. In addition, since the entry into force of the new law, there have been relatively few reported cases that provide clear guidance on the application of the legal framework. In this respect, the Chiba District Court’s judgment of 19 July 2024 presented here, concerning the enforcement of a Singaporean divorce judgment component ordering the payment of child living expenses, offers valuable insights.

 

II. Facts

The case concerns X’s (ex-wife, Plaintiff) request for an enforcement judgment under Article 24 of the Civil Enforcement Act (CEA) to enforce a portion of a Singaporean judgment rendered in November 2010, requiring the Y (ex-husband, the Defendant) to pay, inter alia, living expenses for two of their three children until they reached the age of majority, along with accrued interest. X initiated the enforcement action in 2019. By the time of the action, one child had already attained the age of majority under Singaporean law (21 years), while the other reached the age of majority during the pendency of the case.

The parties in the case married in Japan in the early 1990s, where they lived and had two sons. In 1997, the Y relocated to Singapore, followed by the rest of the family in 1998. While living in Singapore, they had their third child, a daughter. In March 2007, X initiated divorce proceedings before Singaporean courts, with Y participating by appointing legal counsel and responding to the proceedings.

In accordance with Singapore’s two-step divorce process, the court issued a provisional judgment in October 2008 dissolving the marriage. The court then proceeded to address ancillary matters, including custody, guardianship, visitation, living expenses, and the division of joint assets. During these proceedings, Y permanently left Singapore and returned to Japan in June 2010. Following his departure, Y ceased to participate in the proceedings, and his legal counsel was subsequently granted permission to withdraw from representing him.

In November 2010, the Singaporean court issued a final judgment granting X sole custody and guardianship of the children, ordering the payment of living expenses, and dividing the couple’s joint assets. Prior to the hearing, a notice was sent to Y’s last known address, which he had provided during the proceedings. However, the judgment, as well as the summons for appeal, was not served on Y, leading to the expiration of the appeal period without the judgment being challenged.

In 2019, X sought enforcement of the Singaporean judgment as indicated above. Before the Court, the parties disputed most of the recognition requirements (article 118 of the Code of Civil Procedure [CCP]). Y also challenged enforcement by raising a defense based on the existence of a ground for an objection against civil execution, notably the fact that the limitation period for the claims related to the payment of living expenses under the foreign judgment had expired. Finally, Y argued that X’s request to enforce the foreign judgment constituted an abuse of right or a violation of the principle of good faith.

 

III. Ruling

In its judgment rendered on 19 July 2024, the Chiba District Court largely dismissed Y’s arguments and granted X’s application, with two exceptions: the court rejected X’s claim for living expenses claim for the children beyond the age of 21. It did not also allow the enforcement of the portion of accrued interest on the living expenses, which the Court found to be extinguished under Singaporean statute of limitations.

Before addressing each of the issues raised, the court first outlined the general applicable principles, citing relevant Supreme Court cases where available. Although these parts are crucial, they will be omitted from the summary for brevity.

 

1. Whether the foreign judgment can be deemed final [Article 118, first sentence of the CCP]

According to the court, under Singaporean law, a judgment becomes effective on the date it is issued, and an appeal must be filed within 28 days from the judgment date, regardless of whether the judgment is served. The court observed that since no summons for an appeal was served within this period, the foreign judgment should be deemed final.

 

2. Whether the foreign court had jurisdiction [Article 118(1) of the CCP]

The court first noted that the foreign lawsuit involved X seeking divorce and addressing ancillary matters with Y. The court, then categorized the case as “personal status” case, and assessed the indirect jurisdiction of the foreign court by reference to the Japanese rules of direct jurisdiction in personal status cases as set out in the Personal Status Litigation Act (PSLA), article 3-2 et seq. For the court, article 3-2(i) of the PSLA allows that an action concerning personal status may be filed with the courts in Japan in when the defendant has domicile in Japan, and that jurisdiction is determined at the time the lawsuit is filed (article 3-12 of the CCP). The court then found that, at the time the foreign proceeding was initiated, both parties were domiciled in Singapore. Therefore, based on Japan’s rules on international jurisdiction in personal status cases, the court concluded that the Singaporean court had jurisdiction over the case. Furthermore, the court considered that there were no circumstances suggesting that it would be unreasonable, on the basis of the principle of jori (naturalis ratio), to recognize the foreign judgment issued by the foreign court.

 

3. Whether the procedure leading to the foreign judgment violates public policy (the lack of service of the foreign judgment on Y) [Article 118(3) of the CCP]

The court admitted that the foreign judgment was not served on Y, and that he was not aware of it within the appeal period. However, the court determined that, based on Y’s conduct during the proceedings, he had voluntarily waived his right to be informed of the judgment’s issuance. According to the court, Y knew a judgment on ancillary matters would be delivered and had the opportunity to receive it through proper procedures. The court also found that, while Y was not aware of the judgment within the appeal period, he had been given procedural safeguards and ample opportunity to become informed. Therefore, the court concluded that the lack of service of the foreign judgment did not violate the fundamental principles of Japanese procedural public policy.

 

4. Whether the content of the foreign judgment violates [substantive] public policy (the amount of living expenses for the children) [Article 118(3) of the CCP]

The court held that the foreign judgment’s calculation of the children’s living expenses was based on a reasonable evaluation of the parties’ financial capacity, rejecting Y’s argument that the calculation was unrelated to his financial situation or had punitive elements. The court further stated that the amount stipulated in the foreign judgment was not excessive or inconsistent with Japanese public policy, given the actual living expenses of the children. Moreover, the court emphasized that Y’s challenge, based on his decreased or absent income was not accepted by the foreign court, would constitute a prohibited review of the merits under Article 24(4) of the CEA.

 

5. Whether reciprocity is established (Art. 1118(4) of the CCP)

For the court, the requirements for recognizing a foreign judgment in Singapore are based on English common law, which broadly aligns with the conditions outlined in Article 118 of the CCP. Thus, the court determined that reciprocity exists between Singapore and Japan.

 

6. The applicability of the statute of limitations on the claim for living expenses under the foreign judgment

The court confirmed that the party opposing enforcement of a foreign judgment could raise in the exequatur proceedings defenses based on the extinction or modification of claims that occurred after the judgment was rendered. The court then determined that Singaporean law was applicable to the defense of extinctive prescription. Thereafter, the court compared the Singaporean limitation periods (12 years for claims based on the judgment and 6 years for interest) with Japan’s shorter periods (5 years or 10 years for claims confirmed by a final judgment). The court found that applying Singapore’s longer limitation periods did not clearly violate Japan’s public policy, upholding the validity of living expense claims filed within the 12-year period. However, it ruled that interest claims accrued before October 2013 had been extinguished due to the expiration of the 6-year limitation period.

 

7. Abuse of Rights or Violation of the Principle of Good Faith

The court addressed Y’s argument that X’s attempt to enforce the foreign judgment constitutes an abuse of rights or a violation of good faith. The court rejected this claim, stating that enforcing a judgment in accordance with the law does not breach good faith or constitute an abuse of rights. In addition, the court found no evidence to support Y’s argument.

 

IV. Comments

1. Significance of the Case

The Chiba District Court judgment of 19 July 2024 is significant for its treatment of various issues concerning the recognition and enforcement of foreign family law decisions under the new legal framework. The court addressed key issues such as indirect jurisdiction, procedural and substantive public policy, reciprocity, and the ability to raise defenses during the exequatur process, including objections based on the expiration of limitation periods and the consistency of foreign law with Japanese public policy. Most of these issues are subject of ongoing academic discussion in Japan (for an overview, see Manabu Iwamoto, “Recognition and Enforcement of Foreign Decisions on Personal Status Litigation and Family Relations Cases” 62 Japanese Yearbook of International Law (2019) 226).

 

2. Personal Status Cases v. Domestic Relations Cases

Japan’s legal framework for recognizing foreign judgments in general is governed primarily by domestic law. As far as foreign family law decisions are concerned, it is generally admitted that their recognition and enforcement depend on whether the family law relationship is classified as a “personal status case” or a “domestic relations cases.”

“Personal status cases” generally encompass “contentious” family law disputes concerning marital or parental relationships, such as divorce, which is a quintessential example of a “personal status case”. Family law matters in this category, as determined by article 2 of the Personal Status Litigation Act (PSLA), are governed by its provisions. Given the constitutive nature, foreign judgments on personal status cases typically do not require enforcement.

On the other hand, “domestic relations cases” groups family matters that are generally “non-contentious”, although certain cases, such as claims for custody or maintenance, can be highly adversarial. These matters are governed Domestic Relations Case Procedure Act (DRCPA), which includes appended tables listing cases classified as domestic relations cases. Unlike personal status cases, some types of domestic relations cases may involve elements that require enforcement, such as the payment of maintenance, return of a child etc.).

From the perspective of Japanese law, maintenance cases typically fall under this category (see Manabu Iwamoto, “International Recovery of Maintenance in Japan” 65 Japanese Yearbook of International Law (2022) 254).

 

3. Applicable legal regime

In this regard, the 2018 reform brought some significant changes. Indeed, a new provision was introduced in the DRCPA (new article 79-2) and article 24 of the CEA on the enforcement of foreign judgments was modified to accommodate these changes. However, no similar provision was introduced in the PSLA, since it was considered that contentious judgments in family matter are not different from contentious judgments in civil and commercial matters, therefore, they should be subject to the same legal regime.

Accordingly, depending on the type of case involved as outline above, foreign family law decisions can be recognized either (i) by direct application of article 118 of the CCP, when the foreign judgment in question pertains to “personal status cases”, or (ii) by mutatis mutandis application of article 118 of the CCP, when the foreign decision is rendered in a matter relating to “domestic relations cases” pursuant to article 79-2 of the DRCPA. The main difference between these two approaches is that, unlike foreign personal status judgments, the requirements of article 118 of the CCP would fully apply mutatis mutandis to foreign domestic relations decisions, provided that doing so “is not contrary to the nature” of the decision in question (article 79-2 of the DRCPA). In other words, for foreign domestic relations decisions, the requirements of article 118 of the CCP may apply partially, depending on the nature of the case.

In this context, since maintenance judgments is typically classified under “domestic relations cases”, their recognition is, as a matter of principle, governed by article 79-2 of the DRCPA, along with the mutatis mutandis application of the requirements of article 118 of the CCP. Whether recognition and enforcement of foreign maintenance judgments is subject to full or partial application of the recognition requirements under article 118 of the CCP is subject to discussion in literature. However, the general tendency among courts, as confirmed by the case presented here, is to apply all the recognition requirements.

 

4. Conjunction between personal status cases and domestic relations cases

A key challenge arises, however, when a foreign family law judgment combines elements of personal status (e.g., divorce) with issues categorized under domestic relations (e.g., child custody or maintenance). In this regard, while the Chiba District Court treated the foreign judgment as a single “personal status case” and applied article 118 of the CCP, without reference to Article 79-2 of the DRCPA, prevailing literature and case law suggest that each aspect should be treated separately.

Following this approach, the court should have proceeded as follows: first, it should have categorized the court order to pay child living expenses as pertaining to “domestic relations cases”. Under this categorization, the court would then have needed to assess, pursuant to article 79-2 of the DRCPA, whether all the recognition requirements of article 118 of the CCP should apply mutatis mutandis, or only partially, depending on the nature of the case. Finally, the court should have reviewed the indirect jurisdiction of the foreign court by reference to the jurisdictional rules set out in the DRCPA (specifically, article 3-10, which governs cases relating to maintenance obligation), rather than those set out in the PSLA.

That said, it has to be acknowledged, that the court’s ultimate conclusion would likely not have changed since the jurisdiction of the foreign court would also have been justified by the jurisdictional rules included in the PSLA, which allow actions for ancillary measures, including child custody and support, to be decided by the court exercising divorce jurisdiction (article 3-4 of the PSLA).

The latest issue of the RabelsZ (Rabels Zeitschrift für ausländisches und internationales Privatrecht) has been published. Since the beginning of 2024, RabelsZ has been an open access publication, with all articles freely available to readers online. The fourth issue of 2024 closes off the year with a varied selection of essays on comparative and private […]

All best wishes to the members of the European Association of Private International Law, the readers of (and subscribers to) the EAPIL Blog, the guest bloggers and all those involved in the Association’s events. Relatively few posts will be published on the EAPIL blog in the coming days. We’ll resume our usual pace on 6 […]

Olivier Cachard (University of Nancy), Walid Ben Hamida (University of Lille) and Rémi Dalmau (University of Nancy) are the authors of the fourth edition of Cachard’s texbook on international commercial and investment law (Droit des affaires internationales – Commerce international et investissement). In line with the French tradition, the book was initially dedicated to commercial […]

The last issue of RabelsZ 2024 has just been released. It contains the following contributions (which are all available Open Access: CC BY 4.0):

 

Holger Fleischer & Simon Horn, Unternehmensskandale und skandalgetriebene Regulierung: Die Stavisky-Affäre als Prüfstein (Corporate Scandals and Scandal-Driven Regulation: The Stavisky Affair as Touchstone), pp. 648–693, https://doi.org/10.1628/rabelsz-2024-0062

This article is an opening contribution to a new research program on corporate scandals and their legal treatment around the world. In addition to addressing civil and criminal sanctions, the main focus lies on the widespread but under-researched phenomenon of scandal-driven reform legislation. Selected case studies from the past and the present will help to create a better picture of the connections between business scandals and legal regulation. A first touchstone for such systematic comparative scandal-based research is found in early 1930s France with the Stavisky affair – a case that not only kept the business and financial world in suspense, but one that also shook the political foundations of the Third Republic.

 

Chukwuma Samuel Adesina Okoli & Richard Frimpong Oppong, Enhancing the Draft African Principles on the Law Applicable to International Commercial Contracts – Innovations for the African Context, pp. 694–733, https://doi.org/10.1628/rabelsz-2024-0050

This article examines the draft African Principles on the Law Applicable to International Commercial Contracts, evaluating current and proposed choice of law rules in numerous African countries and incorporating global comparative perspectives. It argues that the African Principles should not only largely echo regional/supranational and international instruments like the Rome I Regulation and the Hague Principles on the Law Applicable to Commercial Contracts but should innovate to address the specific needs of the African context. The article suggests reforms in several areas: the scope of the African Principles, protection of weaker parties such as consumers and employees, government contracts, non-state law, and in provisions for the law applicable in the absence of choice.

 

Béligh Elbalti, The Applicable Law in Succession Matters in the MENA Arab Jurisdictions – Special Focus on Interfaith Successions and Difference of Religion as an Impediment to Inheritance, pp. 734–759, https://doi.org/10.1628/rabelsz-2024-0057

This article examines the question of the law applicable in cross-border successions in the MENA Arab region, with a particular focus on the issue of interfaith succession. It shows that the private international law treatment of succession matters depends largely on derogative factors, in particular the involvement of Islam as the religion of one of the parties. In cases where all the parties are foreign non-Muslims, the conflict of laws approach is usually observed, and the foreign law is applied. However, if one of the parties is a Muslim, nationality as the connecting factor is effectively supplanted by the religion of the parties, and the lex fori is applied. Unlike the usual perspective, which typically examines this approach through the lens of public policy, this article argues that the practice, of substituting the lex fori for the ordinarily applicable law in disputes involving Muslims, is based on an »unwritten principle of private international law« that effectively designates the Islamic religion as a de facto connecting factor under the cover of public policy.

 

Martin Lutschounig, Eingeschränkte Anwendung des lex fori-Prinzips bei internationalen Verkehrsunfällen (Limited Application of the lex fori Principle for Cross-border Traffic Accidents), pp. 760–786, https://doi.org/10.1628/rabelsz-2024-0061

According to the principle of forum regit processum, a court deciding a dispute applies its own national procedural law even in cases which are substantively governed by foreign law. It is therefore crucial how the individual legal question is categorized, namely whether it is classified as substantive or procedural. According to the prevailing opinion, this decision is made applying the lex fori. The situation is different, however, under the Rome II Regulation, as also the scope of the applicable law (lex causae) is subject to an autonomous interpretation. The article argues that the question of whether a foreign rule is to be classified as procedural or substantive is, therefore, not a question of national but of autonomous European law. A classification according to the lex fori would, by contrast, bear the danger of leading to different scopes of application of the lex causae depending on the place of jurisdiction. These problems are illustrated with reference to traffic accident cases in which a litigant seeks recovery of a supplementary claim, such as the pretrial costs of an expert opinion, an out-of-court settlement, or lump-sum costs.

 

As always, this issue also contains several reviews of literature in the fields of private international law, international civil procedure and comparative law (pp. 787–828). The issue closes with an index covering all contributions of the year 2024 (pp. 829–854).

Edited by: 

Dr Chukwuma Okoli, University of Birmingham, United Kingdom

Dr Eghosa O. Ekhator, University of Derby, United Kingdom

Professor Veronica Ruiz Abou-Nigm, University of Edinburgh, United Kingdom

Professor Ralf Michaels, Max Planck Institute for Comparative and International Private Law, Germany

Hans van Loon, Netherlands 

OVERVIEW 

The Journal of Sustainable Development Law and Policy invites scholarly articles for publication in a special issue focusing on the theme “Private International Law and Sustainable Development in Africa.” This is an area with limited scholarship in Africa, as most research has traditionally emphasized substantive laws, often neglecting the critical role of private international law in sustainable development. Interested researchers should consider themes such as the ones explored in Michaels/Ruiz Abou-Nigm/Van Loon (eds.) (2021): The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law. Proposals should emphasise private international law and sustainable development issues that are of particular relevance to the African context.

We encourage researchers to explore the intersection of private international law and sustainable development in relation to issues such as environmental protection, corporate social responsibility, and the protection of vulnerable groups (for example, employees, consumers, migrants, and indigenous peoples). Interesting topics in private international law could include how multinational companies are held accountable to host communities in Africa regarding cross-border environmental issues including climate change, as well as social and economic sustainability. Researchers could engage with the regulatory framework for multinational companies in cross-border transactions affecting corporate social responsibility in Africa, and the enhancement of human rights standards and social justice in cross-border employment matters in Africa .They might also wish to reflect on the implications for Africa of the new EU Directive 2024/1760 on corporate sustainability due diligence, and of similar due diligence legislative initiatives deployed at the national level in different countries. Other relevant topics include the African Continental Free Trade Agreement and its relationship with private international law and sustainable development, as well as the harmonization of private international law in Africa and its relation with sustainability goals, regional economic integration, abuses of party autonomy in international commercial contracts, and the appeal of international commercial adjudication in Africa. These are all themes that can be explored from a sustainability perspective.

We are particularly interested in innovative academic approaches that address these themes within the African context. We welcome proposals from all approaches, including critical, doctrinal, analytical, conceptual, reflexive, interdisciplinary, post-critical and speculative traditions of law, that enable a serious scholarly reflection on private international law and sustainable development. Contributions will start filling a significant gap in the literature and promote a deeper understanding the relationships, the impact and the potential of private international law in sustainable development in Africa.

SUBMISSION GUIDELINES 

Applicants are invited to submit a research proposal of up to 500 words, together with a short CV in the same document. Submissions should be sent to c.okoli@bham.ac.uk, and copy E.Ekhator@derby.ac.uk, andinfo@ogeesinstitute.edu.ng by 10 January, 2025 with the email subject clearly marked “Submission Proposal – Special Issue JSDP – PIL and Sustainable Development in Africa”.

Proposals will be reviewed by the editors and selected participants will be informed by the end of January 2025.

Full draft of selected papers of up to 8,000 words inclusive of footnotes should be submitted by 30 June 2025 following the ‘submission guidelines’ section of The Journal of Sustainable Development and Policy: https://www.ogeesinstitute.edu.ng/submissions.

The editors are seeking opportunities for funding to support a conference in late 2025 to discuss draft papers in advance of publication of the special issue in early 2026.

ABOUT THE PROJECT 

Read more about the project The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law here 

The final version of the practical handbook on the Hague Convention of 13 January 2000 on the international protection of adults, marking the end of a process led by the Permanent Bureau of the HCCH and a dedicated Working Group, which started in 2021. The Practical Handbook is intended to assist current and prospective Contracting […]

Since its inception in 2001, the annual survey on Chinese judicial practice in private international law, published by the Chinese Journal of International Law,  has served as a valuable source of information on Chinese practice in private international law, particularly during periods when case law was not readily available (notably prior to 2013). The first annual survery, titled ‘Private International Law in the Chinese Judicial Practice in 2001’, appeared in Vol. 2(1), 2003, and was prepared by Professors Huang Jin and Du Huangfang. However, in its early years, the survey was not published on a regular basis. Indeed, in addition to the 2001 survey, only three others were published between 2005 and 2014: the survey for the year 2002 (published in 2005), for 2003 (published in 2008), and for 2006 (published in 2009).

 

Since 2015, the regular publication of the survey has been ensured by Professor He Qisheng of Peking University Law School under the title “Chronology of Practice: Chinese Practice in Private International Law”. (For previous announcements on this blog, see the posts for 2018, 2019, 2020, and 2021. Annual surveys for the years 2013 to 2018 are also available on Professor He’s SSRN page.) Professor He’s dedication to maintaining and expanding the annual survey has been instrumental in ensuring it remains an indispensable resource for the field, while making information on private international law in China readily accessible to non-Sinophone researchers.

With that said, the  Chronology of Practice: Chinese Practice in Private International Law in 2023 is now available, marking the 11th consecutive annual survey since 2015. This year’s edition is particularly noteworthy as it includes English translations of recently enacted legal provisions, include among others:

• The new provisions on international jurisdiction (Chapter 24, “Jurisdiction” of the Civil Procedure Law (2023 Amendment), Arts. 276–282),
• Provisions on service of process and taking of evidence (Chapter 25, “Service of Process, Taking of Evidence, and Periods” of the Civil Procedure Law (2023 Amendment), Arts. 283–287),
• Provisions on foreign judgments (Arts. 293–296 of the Civil Procedure Law (2023 Amendment)), and
• The Supreme People’s Court Interpretation on Certain Issues Concerning the Application of the Law of the PRC on the Application of Law to Foreign-Related Civil Relations (II) (Arts. 1–13).

Like its predecessors, this year’s survey provides important updates and further enhances accessibility to key legal developments for researchers and practitioners of private international law.

 

The abstract of 2023 survey reads as follows:

The survey of the Chinese practices in private international law in 2023 highlights the following aspects: First, four new laws and two administrative regulations, three judicial interpretations by the Supreme People’s Court (“SPC”) have been formulated, and six groups of 44 typical cases have been selected by the SPC. Notably, China acceded to the Hague Apostille Convention this year. Additionally, Chinese courts concluded 24,000 foreign-related civil and commercial cases, 16,000 maritime cases, and 16,000 commercial arbitration judicial review cases. Second, Part IV of the Civil Procedure Law was amended to include new provisions addressing jurisdiction, service of process abroad, taking of evidence and periods, as well as recognition and enforcement of foreign judgments and arbitral awards. These new rules and relevant cases are presented throughout the Survey. Third, the application of international treaties and practices has emerged as a significant topic, with new rules in the Foreign Relations Law and the SPC Interpretation of International Treaties and International Practices. Additionally, the SPC selected 14 representative cases in this regard. Fourth, concerning the ascertainment of foreign laws, the SPC issued two judicial interpretations and selected three relevant cases. Fifth, regarding the judicial review of arbitration cases, the SPC has selected several Typical Cases of Judicial Review of Arbitration, which serve as significant guiding examples.

 

The table of content of the paper is as follows:

I. Introduction

II. Overview

• II.A. Report on the Work of the SPC in 2023
• II.B. New laws and the SPC’s judicial interpretations
• II.C. Typical cases

III. Jurisdiction

• III.A. Rules in the Civil Procedure Law 2023
• III.B. Choice of court agreement
  • III.B.i. Standard terms and conditions
  • III.B.ii. Asymmetric choice of court agreement
• III.C. Forum non convenience

I.V. Choice of law

• IV.A. Characterization
• IV.B. Ascertainment of foreign law
  • IV.B.i. SPC Private International Law Interpretation II
  • IV.B.ii. SPC Decision on Amending the CICC Provisions
  • IV.B.iii. Cases on ascertainment of foreign laws
• ?IV.C. Extraterritoriality of Chinese laws

V. International conventions and international practices

• V.A. Foreign Relations Law
• V.B. SPC Interpretation of International Treaties and International Practices
• V.C. Cases on the application of international conventions
• V.D. Cases on the application of international practices

VI. Service of process, taking of evidence and periods

• VI.A. Rules in the Civil Procedure Law 2023
• VI.B. Service of process abroad
• VI.C. Evidence
• VI.D. Apostille

VII. Foreign Judgments

• VII.A. Rules in the Civil Procedure Law 2023
• VII.B. Cases about recognition and enforcement of foreign judgments

VIII. International arbitration and foreign arbitral awards

• VIII.A. Rules in the Civil Procedure Law 2023
• VIII.B. Judicial review of arbitration

La rédaction de Dalloz actualité prend ses quartiers d’hiver, le temps des fêtes de fin d’année bien méritées !

Nous serons de retour dès le mardi 7 janvier 2025.

Merci de votre fidélité et joyeuses fêtes !

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La Cour européenne des droits de l’homme estime que, pour condamner les journalistes, les juridictions internes se sont prononcées par des motifs pertinents et suffisants, sans excéder leur marge d’appréciation, et ont ainsi pu considérer que l’ingérence dans leur droit à la liberté d’expression était nécessaire, dans une société démocratique, à la protection de la réputation et des droits d’autrui.  

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The University of Edinburgh is looking to fill a new position in Global Law – which is understood to include private international law. More here.

Loredas
Libre circulation des personnes
Aménagement du temps de travail : les employeurs domestiques doivent mettre en place un système permettant de mesurer la durée du temps de travail journalier de chaque employé de maison

Caisse d’allocations familiales des Hauts-de-Seine
Espace de liberté, sécurité et justice
Un État membre ne peut exclure du bénéfice d’allocations familiales le travailleur étranger dont les enfants, nés dans un pays tiers, ne justifient pas être entrés régulièrement sur son territoire

Ford Italia
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Responsabilité du fait des produits défectueux : un fournisseur peut être considéré comme producteur si son nom coïncide avec la marque apposée sur le produit par le fabricant

Kaduna
Espace de liberté, sécurité et justice
Protection temporaire pour les personnes déplacées en provenance d’Ukraine : un État membre qui a étendu cette protection à certaines catégories de personnes, au-delà de ce que requiert le droit de l’Union, peut leur retirer ladite protection sans attendre la fin de la protection temporaire accordée en vertu du droit de l’Union

Halmer Rechtsanwaltsgesellschaft
Libre circulation des capitaux
La participation d’investisseurs purement financiers dans une société d’avocats peut être interdite

Tudmur
Espace de liberté, sécurité et justice
Politique d’asile : la suspension unilatérale des mesures de transferts de demandeurs d’asile par un État membre responsable ne justifie pas à elle seule le constat de défaillances systémiques

The latest issue of the International and Comparative Law Quarterly (Volume 73, Issue 4) features two short articles on private international law. Maria Hook, The Purpose of the Gateways for Service out of the Jurisdiction, pp 1023-1044 This article argues that the purpose of the English gateways for service out of the jurisdiction is to identify a […]