Views
The Chinese Court Recognizes an English Commercial Judgment for the First Time
The Chinese Court Recognizes an English Commercial Judgment for the First Time
Written by Zilin Hao, Anjie Law Firm, Beijing, China
Introduction
On 17 March 2022, Shanghai Maritime Court of PRC issued a ruling of recognizing and enforcing a commercial judgment made by the English High Court, with the approval of Supreme People’s Court (“SPC”). This is the first time that Chinese court recognizes an English commercial judgment based on the principle of reciprocity, which is undoubtfully a milestone where the English court has not recognized the Chinese judgment before.
Conflict of Laws of Freedom of Speech on Elon Musk’s Twitter
Elon Musk’s purchase of Twitter has been a divisive event. Commenting on the response on Twitter and elsewhere, Musk tweeted:
The extreme antibody reaction from those who fear free speech says it all
>
By “free speech”, I simply mean that which matches the law.
I am against censorship that goes far beyond the law.
If people want less free speech, they will ask government to pass laws to that effect.
Therefore, going beyond the law is contrary to the will of the people.
Ralf Michaels quote-tweeted perceptively: ‘But which law?’
Twitter and the conflict of laws
By their very nature, digital platforms like Twitter present a variety of conflict of laws issues.
The CISG Applies to Hong Kong and Mainland China Now: Shall Macau Follow Suit?
(This post is provided by Zeyu Huang & Wenhui Chi. Mr. Huang practises law as a Shenzhen-based associate at Hui Zhong Law Firm. He holds LLB (Renmin U.), LLM & PhD (Macau U.). Ms. Chi is now working as a legal counsel at the Shenzhen Court of International Arbitration (SCIA) and the South China International Arbitration Center (Hong Kong) (SCIAHK). She holds BA (PKU), LLM & JD (PKU School of Transnational Law). The authors may be contacted at huangzeyu@huizhonglaw.com or chiwenhui@scia.com.cn.)
News
IEAF Call for Papers: Insolvency Law in Times of Crisis
The INSOL Europe Academic Forum (IEAF) is inviting submission for its 18th annual conference, taking place from 5-6 October 2022 in Dubrovnik (Croatia). Expressions of interest are invited for the delivery of research papers within the overall theme of the academic conference: “Insolvency Law in Times of Crisis”
The conference is intended to focus on, inter alia, the following overall topics:
- The longer-term impact of the COVID-19 pandemic on insolvency and restructuring laws in the EU and elsewhere;
- The impact of geopolitical crises and macro-economic uncertainties on insolvency and restructuring laws in the EU and elsewhere;
- Reflections on the implementation of the Preventive Restructuring Directive 2019/1023 Directive;
- Cross-border issues relating to the new restructuring frameworks, and
Brexit and the Future of Private International Law in English Courts
Our esteemed co-editor Mukarrum Ahmed has recently published a book titled Brexit and the Future of Private International Law in English Courts with Oxford University Press. He has kindly provided us with the following summary:
This book is the first full length study of the private international law implications of Brexit in a single consolidated resource. It provides an analytical and authoritative commentary on the impact of Brexit upon jurisdiction, foreign judgments, and the applicable law in civil and commercial matters. By discussing the principal post-Brexit changes in England, this book faces towards the future of private international law in English courts. It utilises a once-in-a-generation opportunity to analyse, understand, and reframe some fundamental assumptions about private international law with a view to suggesting adjustments and law reform.
“Trends and Challenges in Costs and Funding of Civil Justice” – 5th seminar (25 May 2022, online) & 6th seminar (22 June 2022, hybrid)
In the context of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law (financed by the Dutch Research Council – NWO), the Project team organises a series of seminars dedicated to the Trends and Challenges in Costs and Funding of Civil Justice.
The Project’s Fifth Seminar is scheduled, in an online format, for Wednesday, 25 May 2022 (15:00-17:00 CEST) on the topic “Funding and Costs of ADR in the Civil Justice System”.
Speakers: Sue Prince (University of Exeter, UK), Nicolas Kyriakides (University of Nicosia, Cyprus), Dorcas Quek Anderson (Singapore Management University, Singapore); Moderator: Masood Ahmed (University of Leicester, UK).
For the complete program and online registration, please see here.
The Project’s Sixth Seminar, which concludes the series, will take place on Wednesday, 22 June 2022 (14:00-18:00 CEST) in a hybrid format (online and in-person attendance possible) on the topic “Future Regulation of Third-Party Litigation Funding”.