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KOÇ UNIVERSITY LAW SCHOOL CALL FOR PAPERS CASE LAW SYMPOSIUM: RECENT DEVELOPMENTS IN DOMESTIC, INTERNATIONAL, AND FOREIGN JUDICIARIES
Koç University Law School is pleased to invite applications for the case law symposium on recent developments in domestic, international, and foreign judiciaries which will be held on 7 October 2022.
The aim of the symposium is the legal analysis of domestic, international, and foreign court decisions in all fields of law that are new and impactful for legal interpretation and application. Researchers who will make presentations are encouraged to make not only the normative analysis of single or multiple judicial or quasi-judicial decisions based on qualitative or quantitative methods, but also their evaluation from comparative, historical, socio-economic, critical theories of law or other relevant perspectives. In terms of ensuring thematic diversity in participation, it is aimed to include varieties of jurisprudence, methodological approaches, and perspectives in the symposium.
Those who will present papers at the symposium are required to have a doctorate degree in the field of law or social or human sciences related to the case law they will present, or to be at the doctoral thesis stage.
Speakers may present their submissions either in Turkish or in English.
The symposium will be held online. Abstracts of approximately 500-700 words should be submitted to ook@ku.edu.tr by Friday, 15 September 2022. The application should include personal (name, surname and affiliation) and contact (e-mail, phone) information of the applicant. Applications are free of charge.
Applications will be evaluated by the scientific committee and accepted abstracts will be published with the program of the symposium within a few weeks after the application deadline. The accepted abstracts will also be published in a booklet.
Scientific Committee (Listed Alphabetically)
Prof. Dr. S. Anlam ALTAY (Galatasaray University)
Prof. Dr. Taner AYANOGLU (Bilgi University)
Prof. Dr. Nur CENTEL (Koç University)
Prof. Dr. Tankut CENTEL (Koç University)
Prof. Dr. Baki Ilkay ENGIN (Istanbul University)
Prof. Dr. Ozan ERÖZDEN (Mef University)
Prof. Johanna HJALMARSSON (Southampton University)
Prof. Marios IACOVIDES (Uppsala University)
Prof. Dr. Christoph KUMPAN (Bucerius Law School)
Prof. Randall LESSAFER (Tilburg University / Leuven University)
Prof. Dr. Halûk Nami NOMER (Istanbul Ayd?n University)
Prof. Dr. Hannes RÖSLER (Siegen University)
Prof. Dr. Zeynep Derya TARMAN (Koç University)
Prof. Jakup URBANIK (University of Warshaw)
Prof. Dr. Billur YALTI (Koç University)
Prof. Dr. Veliye YANLI (Bilgi University)
Prof. Dr. Nevhis Deren YILDIRIM (Koç University)
Organizing Committee
Prof. Dr. Bertil Emrah ODER (Koç University)
Doç. Dr. R. Murat ÖNOK (Koç University)
Dr. Ögr. Üyesi Cem VEZIROGLU (Koç University)
Ar. Gör. Abdurrahman KAYIKLIK (Koç University)
Ar. Gör. Orcan OK (Koç University)
Contact Person
Ar. Gör. Orcan OK (ook@ku.edu.tr)
August 2022 Update: List of China’s Cases on Recognition of Foreign Judgments
Written by Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer*
On 21 August 2022, China Justice Observer released the 2022 version of the List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 89 cases involving China and 24 foreign States and regions. (Note: Foreign divorce judgments are excluded in the Case List.)
The Case List was issued on July 16, 2019, and is updated annually. The 2020 update was also posted on Conflictoflaws.net.
The full version of the 2022 List of China’s Cases on Recognition of Foreign Judgments is available here.
The key features of the updated list are:
- The List comprises 24 concise reports for each jurisdiction, together with a chart of bilateral judicial assistance treaties which China has concluded with 39 States, of which 35 bilateral treaties include judgment enforcement clauses.
- A total of 17 newly added cases involve eight jurisdictions, namely, the US (six cases), South Korea (three cases), Singapore (two cases), Australia (two cases), New Zealand (one case), Italy (one case), Germany (one case), and the UK (one case). Please note that in the German case, the Saarbrücken Regional Court of Germany refused to recognize and enforce a Chinese judgment on the ground of lack of reciprocity, despite the fact that, as early as 2013, China confirmed that there was reciprocity between the two countries. Please also note that in the UK case, the Shanghai Maritime Court of China ruled to recognize and enforce an English judgment, marking the first time that an English monetary judgment has been enforced in China based on reciprocity.
- As a landmark judicial policy issued by China’s Supreme People’s Court, the 2021 Conference Summary provides a detailed guideline for Chinese courts to review foreign judgment-related applications. It significantly lowers the threshold by liberalizing the reciprocity test, while providing a much clearer standard for Chinese judges to examine applications for recognition and enforcement of foreign judgments. The aforementioned UK case is a good example, because one key to ensuring the enforcement of English judgments is the reciprocal relationship between China and England (or the UK, if in a wider context), which, under the de jure reciprocity test (one of the new three tests), was confirmed in this case. Another interesting example would be a series of cases where a Chinese court in Guangzhou recognized and enforced compensatory damages awarded in three U.S. EB-5 Visa fraud judgments, but rejected the punitive damages awarded therein, echoing the same rule laid down in the 2021 Conference Summary.
- Each case has been reviewed and more details, such as the case numbers and causes of action, have been added. Please note that we updated the information for existing cases involving the UAE and Italy.
- Case analyses have been aggregated under the country tags, so it is now easier to track down relevant cases, together with their information and analyses, in each country/region report. For example, under the tag ‘US-China Judgments Recognition and Enforcement’, one can find relevant case analyses involving mutual recognition and enforcement of judgments between the US and China.
As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.
The Case List is continually updated with new reports. Case information, comments, and suggestions are most welcome. Please feel free to contact Ms. Meng YU via e-mail at meng.yu@chinajusticeobserver.com .
*We would like to thank the following persons/institutions that shared thoughts and valuable information with us:
Dr. Béligh Elbalti, Associate Professor, Graduate School of Law and Politics, Osaka University, Japan; Dr. ZHANG Wenliang, Associate Professor, School of Law, Renmin University of China; Dr. SU Xiaoling, Lawyer at Beijing DHH Law Firm; Mr. WANG Chengjie, Lawyer at Allbright Law Offices (Shanghai);Wonbanglaw; Ms. Renee M Wong, Attorney at Goldberger and Dubin PC (New York); Dr. WANG Yahan, Associate Professor, Henan University School of Law; Mr. Angus Ni, Litigation attorney at AFN Law PLLC (Seattle); Asian Business Law Institute.
AMEDIP: Annual seminar to take place from 16 to 18 November 2022
The Mexican Academy of Private International and Comparative Law (AMEDIP) will be holding its annual XLV Seminar entitled “Private International Law in the conformation of a new international order” (el derecho internacional privado en la conformación de un nuevo orden internacional) from 16 to 18 November 2022. The venue is still to be determined but it is likely to be a hybrid event (online and on-site).
The main focus of the seminar will be to analyse the Proyecto de Código Nacional de Procedimientos Civiles y Familiares (draft National Code of Civil and Family Procedure, which includes Private International Law provisions and whose objective is to replace all the existing states’ legislation on the matter -32-), and the hotly debated litigation regarding non-contractual obligations arising out of a tort/delict resulting from the illicit traffic of firearms (the case of Mexico vs. Smith and Wesson), among other matters.
Potential speakers are invited to submit a paper in Spanish, English or Portuguese by 31 August 2022. Papers must comply with the criteria established by AMEDIP and will be evaluated accordingly. Selected speakers will be required to give their presentations preferably in Spanish as there will be no interpretation services but some exceptions may be made by the organisers upon request. For more information, please click here.
Participation is free of charge. A certificate of participation may be issued upon (a modest) payment.