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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
Postdoc Position “Fashion’s PLACE – Private (International) Law and Circular Economy”
The University of Edinburgh is recruiting a postdoctoral research fellow in private international law to work on an exciting new research project funded by the UKRI Arts and Humanities Research Council (AHRC) and the German Research Foundation (DFG) entitled “Fashion’s PLACE – Private (International) Law and Circular Economy”. The project explores the private law and private international law components of legal design for a just circular economy transition in global value chains. It takes the fashion industry as a case study, examining the journey of textiles from the places of production, via the marketplaces of consumption, to the places of disposal.
Crossroads in Private International Law Webinar with Prof. Csongor Nagy
The next webinar in the Crossroads in Private International Law webinar series will be given by Prof. Csongor Nagy (University of Galway) on the topic “EU Law and Sports Arbitration: When Global and Regional Regimes Meet“.
The webinar is scheduled for 22 April 2026, 14:00 – 15:00 UTC.
More information about the event and registration is available here, at the webpage of the organiser – the Centre for Private International Law & Transnational Governance of the University of Aberdeen.
PAX Moot 2026 Vladimir Koutikov Round has come to an end – announcement of winners
This post has previously been published by PAX Moot (with minor changes). Photo: University of Ljubljana Team.
The PAX Moot 2026 — Vladimir Koutikov Round has come to an end, and what an incredible edition it has been. We hope it was an unforgettable experience for all participants — a unique opportunity to engage in high-level argumentation on Private International Law, grow advocacy skills, and forge lasting friendships along the way.
Without further ado, we are proud to announce the results of this year’s competition:
- Winner — University of Ljubljana
- Runner-up — Sofia University St. Kliment Ohridski