Out now: Recognition and Enforcement of Foreign Judgments in Asia

A compendium of country reports on the law on the recognition and enforcement of foreign judgments in ASEAN, Australia, China, India, Japan and South Korea has been published by the Asian Business Law Institute, a research institute based in Singapore. The list of contributors reads as follows:

  1. Professor Elizabeth Aguiling-Pangalangan of the University of the Philippines;
  2. Dr Andrew Bell, SC of Eleven Wentworth Chambers, Australia;
  3. Dr Bich Du Ngoc of Ho Chi Minh City Open University;
  4. Mr Youdy Bun of Bun & Associates, Cambodia;
  5. Xaynari Chanthala and Mr. Kongphanh Santivong of LS Horizon (Lao) Limited;
  6. Associate Professor Adeline Chong of Singapore Management University;
  7. Professor Choong Yeow Choy of the University of Malaya;
  8. Professor Guo Yujun of Wuhan University, China;
  9. Professor Toshiyuki Kono of Kyushu University;
  10. Mr Minn Naing Oo of Allen & Gledhill (Myanmar) Co Ltd;
  11. Dr Colin Ong, QC of Dr Colin Ong Legal Services, Brunei;
  12. Dr Yu Un Oppusunggu of the University of Indonesia;
  13. Mr Narinder Singh of the Indian Society of International Law;
  14. Dr Poomintr Sooksripaisarnkit of the University of Tasmania; and
  15. Professor Suk Kwang Hyun of Seoul National University.

You can download the compendium at: http://abli.asia/PROJECTS/Foreign-Judgments-Project.

Further information may be found in the publisher’s blurb:

Out Now: Recognition and Enforcement of Foreign Judgments in Asia

The Asian Business Law Institute’s (ABLI)* first publication in its ABLI Legal Convergence Series has been released, a compendium of country reports entitled “Recognition & Enforcement of Foreign Judgments in Asia”.  This new publication has been edited by Associate Professor Adeline Chong of the School of Law, Singapore Management University, who is leading ABLI’s Foreign Judgments Project.

The compendium is the output of the first part of ABLI’s project to promote the convergence of the law on the recognition and enforcement of foreign judgments in Asia.

The compendium consists of 15 short and concise country reports which provide lawyers and businesses with an overview of how foreign judgments in civil and commercial matters are recognised in different jurisdictions in Asia and the requirements which would need to be fulfilled for a foreign judgment to be enforced in these jurisdictions.

This is the first time such a study is made covering the laws of the ten ASEAN countries and the major Asian economies of Australia, China, India, Japan and South Korea. The reports are written by legal academics and practitioners from the 15 countries covered by the project and the compendium is freely available on ABLI’s website at: http://abli.asia/PROJECTS/Foreign-Judgments-Project.

The compendium will also act as a springboard for the next phase of ABLI’s Foreign Judgments Project which will consider whether sufficient areas of commonality exist for convergence in this area of the law and how convergence may best be achieved. The convergence of the foreign judgment rules in Asia is essential as Asia moves rapidly towards a borderless trading environment, as the greater portability of judgments within Asia will facilitate cross-border transactions by lowering transaction costs and associated legal friction among jurisdictions.

* The Asian Business Law Institute was launched in January 2016. It is a permanent institute based in Singapore that initiates, conducts and facilitates research with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. Its mission is to remove unnecessary or undesirable differences between Asian legal systems that pose obstacles to free and seamless trade. ABLI’s long-term strategic direction in accordance with its aims is set by its Board of Governors chaired by The Honourable the Chief Justice Sundaresh Menon of the Supreme Court of Singapore. The Board comprises representatives from Australia, China, India and Singapore and other internationally renowned legal experts.

International and Comparative Law Quarterly 67 (2018), Issue 1

The most recent issue of the International and Comparative Law Quarterly (ICLQ) features two articles relating to private international law:

Louise Merrett, The Future Enforcement of Asymmetric Jurisdiction Agreements, ICLQ 67 (2018), pp. 37-71:

Asymmetric jurisdiction clauses are clauses which contain different provisions regarding jurisdiction for each party. They are widely used in international financial markets. However, the validity of this form of agreement has been called into doubt in several European jurisdictions. Furthermore, following Brexit, there may well be an increasing focus on alternative methods of enforcement under the Hague Convention and at common law, claims for damages and anti-suit injunctions. As well as considering recent developments in the case law and the implications of Brexit, this article will emphasize that all of these questions can only be answered after the individual promises contained in any particular agreement are properly identified and construed. Once that is done, there is no reason why the asymmetric nature of a clause should be a bar to its enforcement.

Giesela Rühl, Judicial Cooperation in Civil and Commercial Matters after Brexit: Which Way Forward? ICLQ 67 (2018), pp. 99-128:

Judicial cooperation in civil and commercial matters is generally perceived to be of a rather ‘specialist and technical nature’. However, for the many UK and EU citizens, families and businesses who work, live, travel and do business abroad, the current European framework for choice of law, jurisdiction and recognition and enforcement is of paramount importance. The article, therefore, explores how that framework might look like after Brexit and discusses the merits and demerits of the various ways forward.

Full texts are available via Cambridge Core.


Third IAPL-MPI Luxembourg Summer School – Reminder

A quick reminder regarding the third International Association of Procedural Law (IAPL) – Max Planck Institute Luxembourg Summer-School, which will take place in Luxembourg from the 1st to the 4th of July 2018, on the topic of “Privatizing Dispute Resolution and its Limits”.

The School is mainly addressed to post-doc students at the beginning of their academic career; however PhD candidates may be admitted in case their dissertation is already at an advanced stage, and provided the applicant shows a degree of academic maturity guaranteeing that his/her attendance to the school will be fruitful both for him/her and the School itself.

The selection process entails a two-stage process, based on the written materials submitted by the applicants. A pre-selection is made within the MPI among the applications correctly completed and received in due time on the basis of the candidate’s CV, his/her topic of research and his/her explanation of it (interest, methodological approach, novelty). The final decision lies with the MPI and the IAPL Presidium.

Applicants are requested to apply via the website platform set up to this effect. The application form therein provided for must be filled in with the following information:

An application form therein provided for must be filled up and the following documents upload:

  • A short curriculum vitae indicating the nationality of the candidate, age and home institution; PhD topic, date and place of submission, degree awarded, members of the jury/commission; recent publications; grants and awards; stays abroad; current position
  • A short description of the project of research to be discussed at the School (no more than 1000 words)
  • A letter of recommendation from a renowned Law Professor or Practitioner

Up to 20 places will be available for applicants having procedural law and/or dispute resolution mechanisms as their main field of academic interest. All nationalities are welcome to apply. A good level of English, both orally and in writing, is nevertheless of the essence.

Please follow this link for the online application. Deadline: January 29, 2018.

Out now: Relationship between the Legislature and the Judiciary – Contributions to the 6th Seoul-Freiburg Law Faculties Symposium

This volume (2017, 295 pp., € 79.00, ISBN 978-3-8487-3736-9) is a collection of edited papers (all in English) presented on the occasion of the 6th Seoul-Freiburg Law Faculties Symposium held in Freiburg (Germany) in June 2016. Since its inception in 1996, the cooperation and academic exchange between the Law Faculties of the Seoul National University (SNU) and the Albert-Ludwigs-Universität Freiburg has flourished and contributed substantially to the mutual understanding of legal thought and research in the two legal cultures and jurisdictions, keeping alive the old and precious tradition of maintaining a close relationship between Korean and German law.

Like previous symposia, the 2016 Symposium on the „Relationship between Legislature and Judiciary“ was devoted to a rather broad and abstract subject which is of fundamental relevance for both countries, covering constitutional law, legal theory, private law (including private international law), criminal law, commercial law, and administrative law. The symposium was supported by the Thyssen Foundation (Cologne).

The volume is edited by Jan von Hein, Hanno Merkt, Sonja Meier, Alexander Bruns, Yuanshi Bu, Silja Vöneky, Michael Pawlik, and Eiji Takahashi. It contains contributions by Un Jong Pak, Matthias Jestaedt, Ralf Poscher, Hong Sik Cho, Kye Joung Lee, Frank Schäfer, Jinsu Yune, Jan von Hein, Sank Won Lee, Ok-Rial Song, Boris Paal, Maximilian Haedicke, Seongwook Heo, and Dongjin Lee.
Further information is available on the publisher’s website here.

Trade Relations after Brexit: Impetus for the Negotiation Process – Joint Conference of EURO-CEFG, MaCCI and the University of Mannheim – Thursday, 25 January 2018 and Friday, 26 January 2018 at the Zentrum für Europäische Wirtschaftsforschung (ZEW), Mannheim

The upcoming negotiations regarding the United Kingdom’s exit from the European Union are of great interest to politicians, economists, the public and academics. The withdrawal agreement will set the course for the economic relations between the EU and the UK, while taking into account that it might have a considerable impact on the binding strengths of the European integration.

In this context, the Mannheim Centre for Competition and Innovation (MaCCI), a joint research initiative of the Faculty of Law of Mannheim University and the ZEW (Centre for European Economic Research) together with the European Research Centre for Economic and Financial Governance (EURO-CEFG) of the Universities of Leiden, Delft and Rotterdam will host an interdisciplinary conference on 25/26 January 2018 in Mannheim to raise crucial questions and challenges with respect to the Brexit negotiations and discuss them from both the legal and economic perspective.

The conference will consist of three parts, the first one dealing with the bargaining positions of the EU and the UK. The second part will look into the future relations: which type of trade agreement could serve as a model and what are the respective requirements and economic consequences? Lastly, the third part will focus on specific sectoral issues regarding for instance the future embodiment of cross-border trade and financial services or ensuring the unity of law.

Registration for this conference is possible here.

Find the detailed programme here.

HCCH 125 — Ways Forward: Challenges and Opportunities in an Increasingly Connected World

By the Permanent Bureau of the Hague Conference on Private International Law (HCCH)

Register your interest now at www.HCCH125.org, and receive all the latest information about the global conference “HCCH 125 — Ways Forward: Challenges and Opportunities in an Increasingly Connected World”. This global conference gathers world-leading experts who will discuss the opportunities for, and challenges to, private international law. Through interactive “Davos Style” sessions, participants will not only hear from these experts, but can also participate actively in each session. Read more

Surveys on Functioning Brussels I-bis Regulation

As part of a research on the amendments of the Brussels I-bis Regulation and the functioning in legal practice (financed by an Action Grant of the European Commission), surveys are available.

The research is conducted by the Asser Institute (the Hague), Erasmus School of Law (Rotterdam) and the Leibniz Institute (Amsterdam). The researchers are extremely grateful if you could fill these out or forward these to others that might be interested.

The survey is available in Dutch, English, French and German.

Co-funded by the
Justice Programme (2014-2020)
of the European Union


New publications on the Hague Conference (HCCH) and the Global Horizon of Private International Law

Former Secretary General of the Hague Conference on Private International Law (HCCH), Hans van Loon, has just published an article on the HCCH and a Chinese translation of his inaugural lecture on the global horizon of private international law delivered at the 2015 Session of the Hague Academy:

– Hans van Loon, “At the Cross-roads of Public and Private International Law – The Hague Conference on Private International Law and Its Work”, in Collected Courses of the Xiamen Academy of International Law, Vol. 11, pp. 1-65, (Chia-Jui Cheng, ed.), Brill/Nijhoff, 2017 (available via Brill).


  1. Role and Mission of the Hague Conference on Private International Law
  2. Origin and Development of the Hague Conference
  3. The impact of Contemporary Globalisation
  4. Hague Conventions Promoting Global Trade, Investment and Finance
  5. Hague Conventions Promoting Administrative and Judicial Cooperation
  6. Hague Conventions Promoting Personal Security and Protecting Families in Cross Border Situations
  7. Outlook – (Potential) Significance of the Hague Conference and Its work for the Asia-Pacific Region.

– Chinese translation (by Prof. Zhang Meirong and Prof. Wu Yong) of Hans van Loon’s Inaugural Lecture, “The Global Horizon of Private International Law” given at the 2015 Session of the Hague Academy of International Law, Recueil des Cours, Vol. 380, in Chinese Review of International Law 2017, vol. 6, pp. 2-52, vol. 6), for more information see http://www.guojifayanjiu.org/.

Excerpt of table of contents:

Chapter I. The development of private international law against the backdrop of the evolving nation-State

  • A. Origins and early development of private international law
  • B. Birth of the Hague Conference on private international law
  • C. Establishment of the Hague Conference as an international organization – early innovations
  • D. Globalization – its effects on the nation-State

Chapter II. The impact of globalization on the development of private international law

  • A. Rising profile, proliferation of sources, new approaches
  • B. Commerce and trade: party autonomy within limits
  • C. Families and children: direct transnational institutional co-operation and interaction with human rights

Chapter III. Global challenges for private international law on the horizon

  • A. People on the move
  • B. Environment and climate change

Some general conclusions

Japan adopts effects doctrine in antitrust law

For a long time, Japan refused to extend application of its antitrust laws to foreign cartels, even those with an impact on the Japanese market. Following a 1990 Study Group Report recommending adoption of the effects doctrine, the Japanese Fair Trade Commission has increasingly applied Japanese antitrust law extraterritorially, as Marek Martyniszyn reports in a helpful recent article. Now the Japanese Supreme Court has upheld a series of judgments from the Tokyo High Court, thereby effectively adopting the effects doctrine. The doctrine appears to go very far: according to the report, the cartel had reached its price-fixing agreement in Southeast Asia, and affected products had been purchased by Southeast Asian units and subcontractors rather than the Japanese companies themselves.

An earlier article, including more detailed comment on the decision by the Tokyo High Court is Tadashi Shiraishi, Customer Location and the International Reach of National Competition Laws, (2016) 59 Japanese Yearbook of International Law, 202-215 (published 2017) (SSRN). The author of the article was involved in the litigation.

Save the Date: Second German Conference for Young PIL Scholars “Private International Law between Tradition and Innovation” on 4/5 April 2019

By Stephan Walter, Research Fellow at the Research Center for Transnational Commercial Dispute Resolution (TCDR), EBS Law School, Wiesbaden, Germany.

In light of the success of the first German conference for young PIL scholars, held in April 2017 in Bonn (see the recent announcement of the conference volume as well as the conference report), we would like to continue the academic and personal exchange with a second conference. It will take place on 4 and 5 April 2019 at the University of Würzburg (Germany). The key note will be given by Professor Jürgen Basedow (emeritus director at the Max Planck Institute for Comparative and International Private Law). Read more