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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.
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Consensual Justice in Focus: Reflections from the First ASGiC National Congress
On 16–17 April 2026, the elegant setting of Villa Ruspoli in Florence hosted the First National Congress of ASGiC – the Society for the Study of Consensual Justice, titled Giustizia e cooperazione: il valore del consenso (Justice and Cooperation: The Value of Consent). Marked by a large and engaged participation, the event offered a valuable opportunity for both the Society’s members and a wider community of scholars and practitioners to reflect on the role of consent in contemporary conceptions of justice.
The Congress opened with introductory remarks by the Society’s President, Silvana Dalla Bontà, who set out the themes and objectives guiding the initiative. Against this backdrop, the keynote lectures delivered by Tommaso Greco, Andrea Simoncini, and Filippo Danovi developed a first, coherent reflection on consensual justice, identifying a variety of core concepts – trust, consent, justice, solidarity, Constitution, language, and dialogue – that are likely to orient the Society’s future research and activities.
Out now: Multinationals and Human Rights in Asia
Multinationals and Human Rights in Asia
Edited by Jason Ho Ching Cheung and Kazuaki Nishioka
This book investigates the availability in Asian jurisdictions of civil remedies against multinational businesses for human rights abuses.
It assesses whether the norms of the 2011 UN Guiding Principles on Business and Human Rights have taken root in Asia by first considering the international state of play. It then presents case studies of corporate governance and human rights in Asia, before examining emerging issues, and considering how Asia has dealt and can deal with corporate responsibility in connection with those matters. By way of conclusion, the book offers an action plan for implementing the UN Guiding Principles in Asia.
Bonn (Germany), 24/25 September 2026, Conference International Filiation Law in the EU
As already announced, there will be an international conference “International Filiation Law in the EU” dealing with questions of filiation law resulting from the EU Parenthood Proposal.