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The Art. 2(b) CISG Conundrum: Are Tender Contracts Under the Ambit of an Auction?

By Harddit Bedi* and Akansha Tripathy**

Introduction

It is beyond dispute that The Convention of International Sales of Goods, 1980 (CISG) has facilitated international trade disputes. However, Courts and tribunals continue to apply their minds in adjudicating the applicability of CISG before advancing into substantive issues. This exercise is not very prolific as it prolongs proceedings. Chapter 1 of the convention lays down the scope and extent of the CISG. Amongst other things, the CISG application does not apply to contracts formed by, inter-alia, auctions under Art. 2(b) of CISG.  The word auction itself is nowhere defined in the convention.

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Japanese Court Enforces a Singaporean Judgment Ordering the Payment of Child Living Expenses

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). Read more

The Development of forum non conveniens in the Chinese Law and Practice

by Arvin LUO Fuzhong, Doctoral Candidate at Tsinghua University, Visiting Research Associate at HKU, LL.M. (Cornell), Bachelor of Laws (ZUEL).*

The doctrine of forum non conveniens is an important principle in civil procedure laws and frequently applied by courts in many legal systems, especially those of common law countries. According to this principle, when courts exercise their discretionary power to determine whether to exercise jurisdiction over the factual circumstances of a case, they primarily consider issues of efficiency and fairness to find the most appropriate forum to settle the dispute. If the acceptance of a case would lead to inefficient outcomes and consequences that are contrary to justice, the court may refuse to exercise jurisdiction on the grounds that it is not the appropriate forum.

Unrealized by many international scholars and practitioners,[1] China has been adopting (formally or informally) the doctrine of forum non conveniens for more than 30 years, first through a few court judgments, then provided in judicial interpretations issued by the Supreme People’s Court of PRC (“SPC”), which is binding for all Chinese courts, and finalized in the 2024 Civil Procedure Law of PRC. This article introduces the history of Chinese law adopting the doctrine of forum non conveniens in the past years, and the development of China’s law revision in 2023. Read more

News

ZEuP – Zeitschrift für Europäisches Privatrecht 1/2025

A new issue of ZEuP – Zeitschrift für Europäisches Privatrecht is now available and includes contributions on EU private law, comparative law and legal history, legal unification, private international law, and individual European private law regimes. The full table of content can be accessed here: https://rsw.beck.de/zeitschriften/zeup.

The following contributions might be of particular interest for the readers of this blog:

  • Globaler Klimaschutz und Internationales Privatrecht
    Meik Thöne on climate change and private international law: The consequences of climate change are perceptible worldwide and increasingly reflected in serious cases of damage. If the question is raised whether and how these cases should be compensated, the answer requires the determination of the applicable law but also to consider the relevance of permissions under public law and to determine the limits of private law solutions in order to thereby balance the affected individual rights and public welfare concerns.
  • On the Run from the Danish Social Authorities – An Analysis of the Danish Regulations causing a Cross-Border Flight Phenomenon to Evade Social Services’ Interference in Family Life
    Anne Mørk and Hanne Hartoft on the situation in Denmark causing parents to cross borders to evade social services: Some pregnant women are fleeing Denmark to avoid their children being placed in foster care immediately after birth and possibly adopted without their consent. This raises the question of whether Danish legislation is too extreme and at odds with basic human rights principles. In this article, the Danish legislation is analysed in light of the case law from the European Court of Human Rights. The conclusion is that the errors and shortcomings in the processing of cases give reason to be concerned.
  • Gründungstheorie qua Niederlassungsfreiheit – eine sehr versteckte Kollisionsnorm? Urteil des EuGH vom 25. April 2024
    Maria-Teresa Kratzer comments on the decision by the ECJ in Edil Work 2, addressing the law applicable to companies.
  • Konkludente bzw. fiktive Rechtswahl – Zu den Anforderungen nach Art. 22 II Alt. 2 EuErbVO bzw. Art. 83 IV EuErbVO
    Thomas Sagstetter
    discusses a decision of the Higher Regional Court of Karlsruhe on the choice of law in succession matters.

Call for papers: 3rd Postgraduate Law Conference of the Centre for Private International Law and Transnational Governance (Aberdeen)

The Centre for Private International Law and Transnational Governance of the University of Aberdeen is pleased to announce that it is now accepting submissions for the 3rd Postgraduate Law Conference of the Centre for Private International Law which will take place online on 6 June 2025.  

 Conference Theme: New Dimensions in Private International Law

Original research that addresses the following themes is welcome:

  • Commercial Activities and Private International Law

Moderators: Prof Justin Borg Barthet and Prof Burcu Yüksel Ripley

Exploring novel private international law challenges in international commerce and business transactions, including (but not limited to) e-commerce, fintech, and global supply chain governance

  • Family life and Private International Law

Moderators: Prof Katarina Trimmings and Mr Le Xuan Tung

Addressing the private international law dimension of family disputes, including (but not limited to) international child custody, adoption, marriage, and succession issues.

  • Private International Law in the Digital Age

Moderators: Dr Patricia Zivkovic and Dr Michiel Poesen
Examining the private international law issues that result from advances in digital technology including (but not limited to) AI and digital platforms.

  • Maritime Law and Private International Law

Moderator: Ms Luci Carey
Investigating the private international law dimension of maritime governance. 

  • Sustainability and Corporate Responsibility

Moderators: Dr Nevena Jevremovic and Dr Francesca Farrington
Evaluating the role of private international law in advancing sustainable development, corporate accountability across borders, and sustainable consumption and production.

 

Eligibility requirement

 The Centre welcomes submissions by current postgraduate law students (LLM, PhD) and recent LLM or PhD graduates who have not yet undertaken postdoctoral studies.

Submission Guidelines

Submissions should be no longer than 500 words. Applicants should identify the panel they wish to apply to. There is no requirement to submit a paper, and we welcome scholars at the early stages of their research.

The deadline for submissions is 20 March 2025.

For more information and submission guidelines, please see the Centre’s website or contact Mr Le Xuan Tung lexuantung.22@abdn.ac.uk.

Chinese International Lawyers Bulletin: Call for Submissions

With the trend of globalization, legal exchange and cooperation, even competition and conflict between nations have become the norm. The demand for legal services in cross-border investment, international trade, and transnational dispute resolution is also sharply on the rise. As the world’s second-largest economy, China’s legal system is playing an increasingly significant role in cross-border legal services. However, the international legal community generally does not have much understanding of China’s foreign-related legal system and practice. There is a need for a platform that can, systematically and timely, provide information for the Chinese foreign-related legal development including updating China’s foreign-related legal policy, explaining the making and amending of relevant Chinese laws and reporting Chinese foreign-related cases etc. Read more