Views
Enforceability of foreign judgments for punitive damages under English law and South African law
This post is posted on behalf of Jason Mitchell, barrister at Maitland Chambers in London and Group 621 in Johannesburg.
In Motorola Solutions v Hytera Communications Corporation, the Court of Appeal held that a judgment that includes a punitive damages component is unenforceable in its entirety (the judgment is available here). The punitive component cannot be severed so that the judgment creditor can enforce non-punitive components.
Motorola sued Hytera in the U.S. One of its causes of action was under the Defend Trade Secrets Act, a federal statute that allows for punitive damages of up to double any compensatory damages. On that cause of action, the U.S. court awarded Motorola compensatory damages of $135 million and punitive damages of $270 million. Motorola tried to enforce the U.S. judgment in England. Read more
Book review: Research Handbook on International Child Abduction: The 1980 Hague Convention (Edward Elgar Publishing, 2023) – Part I
Written by Mayela Celis, Maastricht University
International child abduction is a topic that has given rise to an ever-increasing number of publications (our latest blog post attests to this trend). It easily sparks emotions among experts, sometimes triggering divergent views. However, from a global perspective, there is consensus on the basic principle: States should combat international child abductions and a child should be returned to the State of habitual residence, unless an exception is made out. In 2023, Elgar published the book entitled “Research Handbook on International Child Abduction: the 1980 Hague Convention”, eds. Marilyn Freeman and Nicola Taylor (Edward Elgar Publishing Limited, 2023). Although published a couple of years ago, it remains poignantly relevant.
This book brings together an adult who was abducted as a child, practitioners, judges, academics, NGO officials and central authority personnel. Many of the authors are at the forefront of this field and their contributions have left a long-lasting legacy in this area of law. While some topics are considered from an academic perspective, others have a more practical focus, striking the right balance between academia and practice. Read more
XLK v XLJ: Comity Beyond the Child Abduction Convention
By Haoxiang Ruan, PhD candidate at Hitotsubashi University (Tokyo, Japan). Haoxiang Ruan consistently maintains an interest in international family law, which led him to undertake the 2024-2025 academic stay at Kyoto University (Kyoto, Japan).
From the perspective of state participation, the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the “Child Abduction Convention”) stands as one of the most successful instruments of the Hague Conference on Private International Law (HCCH), boasting 103 Contracting Parties to date. This widespread adherence is largely driven by the pervasive—and increasingly difficult-to-ignore—problem of international child abduction, which affects even non-Contracting States. China, a populous country deeply engaged in globalization, exemplifies this reality. A recent custody ruling in Singapore concerned a child who had been brought to the country by his father in breach of an order issued by a Chinese court—an incident underscoring how cross-border family disputes transcend the formal boundaries of the Convention.
News
TDM Call for Papers on “Project Finance in International Arbitration”
The following call was kindly shared with us by the editors of TDM.
We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120, www.transnational-dispute-management.com) special issue on “Project Finance in International Arbitration” This Special Issue will be edited by Seabron Adamson and Tiago Duarte-Silva, both of Charles River Associates.
This call for papers can also be found on the TDM website:
https://www.transnational-dispute-management.com/news.asp?key=2118
Conference at Bilkent University on Private International Law and Sustainable Development
Bilkent University Faculty of Law is pleased to invite you to an upcoming conference titled “Private International Law and Sustainable Development.”
We are honored to host a panel of world-renowned experts to discuss the evolving role of Private International Law in achieving Sustainable Development Goals (SDGs).
Date: 13th April 2026, Monday
Time: 13:30 – 15:30
Venue: FFB 2
Moderator: Prof. Dr. Bilgin Tiryakio?lu
Distinguished Speakers:
Prof. Dr. Ralf Michaels (Max Planck Institute) – The Place of Private International Law in Sustainable Development
Prof. Dr. Veronica Ruiz Abou-Nigm (University of Edinburgh) – Sustainable Consumption and Production (SDG 12): Circularity in Fashion
Prof. Van Loon Hans (Former Secretary General of the HCCH) – The Role of the Judge in Climate Cases (SDG 13)
Assoc. Prof. Dr.Gulum Özçelik (Bilkent University) – Recognition of Personal Status Acquired Abroad (SDGs 5, 10, 16)
The conference will be live-streamed on our official YouTube channel: @bilkentuniversitesihukuk.
The event will be held in English.
All interested participants are welcome.
Students who attend the event will be awarded GE 250/251 points.
Call for Papers: 6th PIL Early Career Researchers’ Conference (9/10 April 2027, Munich)
Hot on the heels of the publication of the proceedings of the 5th PIL Early Career Researchers’ Conference, the organizers of the 6th conference have just published the Call for Papers (German version).
The conference will take place on 9 and 10 April 2027 at the Ludwig Maximilian University of Munich under the title ‘Crises in PIL – Crises of PIL’, which the organizers introduce as follows:
We are living in an age of polycrisis: war and environmental destruction are forcing thousands upon thousands to flee; growing social inequality and the concentration of economic power are undermining social cohesion; political polarization and the rise of renationalization threaten the project of European integration and international cooperation. At our conference, we aim to explore the implications of these crises for private international law (PIL). What new questions do the political, social, economic, and ecological crises of our time raise for PIL? How does PIL contribute to crisis management, or, conversely, to the exacerbation of crises? And might the discipline of PIL itself be in crisis?
The keynote speech will be given by Heinz-Peter Mansel (University of Cologne).
More information can be found on the conference website.