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Torts and Tourists in the Supreme Court of Canada
In Sinclair v Venezia Turismo, 2025 SCC 27 (available here) the Supreme Court of Canada has, by 5-4 decision, held that the Ontario court does not have jurisdiction to hear claims by Ontario residents against three Italian defendants in respect of a tort in Italy. The Sinclair family members were injured in a gondola collision in Venice that they alleged was caused by the Italian defendants. But there were several connections to Ontario. The trip to Italy had been booked by Mr Sinclair using a premium credit card’s concierge and travel agency service [4, 156] and the gondola ride had been arranged through that service [15, 160]. The card was with Amex Canada and one or more contracts connected to the gondola ride had been made in Ontario. The Sinclairs were also suing Amex Canada and the travel service for carelessness in making the arrangements with the Italian defendants, and those defendants attorned in Ontario [167, 172]. A core overall issue, then, was whether the plaintiffs would be able to pursue all of their claims arising from the gondola collision, against various defendants, in one legal proceeding in Ontario.
According to the French Cour de Cassation, the law applicable to the sub-purchaser’s direct action against the original seller depends on who brings the claim!
Written by Héloise Meur, Université Paris 8
In two rulings dated 28 May 2025, the French Cour de cassation (Supreme Court) ruled on the issue of the law applicable to a sub-purchaser’s direct action in a chain of contracts transferring ownership, under European private international law. The issue is sensitive. The contractual classification under French law —an outlier in comparative law— had not been upheld by the Court of Justice of the European Union (CJEU) to determine international jurisdiction under the Brussels system (CJEU, 17 June 1992, C-26/91, Jakob Handte). Despite CJEU’s position, the Cour de cassation had consistently refused to adopt a tort-based qualification to determine the applicable law (esp. Civ. 1st, 18 dec. 1990, n° 89-12.177 ; 10 oct. 1995, n° 93-17.359 ; 6 feb. 1996, n° 94-11.143 ; Civ. 3rd, 16 janv. 2019, n° 11-13.509. See also, Civ. 1st, 16 jan. 2019, n° 17-21.477), until these two rulings rendered under the Rome II Regulation.
“Towards an EU Law on International Commercial Arbitration?” A Sorbonne Law School Research Project
Written by Dr. Nima Nasrollahi-Shahri (Sorbonne Law School) and Vincent Bassani-Winckler (PhD Candidate, Sorbonne Law School), both authors participated in the Working Group.
A few days ago, the Sorbonne Law School released the final report of a collective research project chaired by Professors Mathias Audit and Sylvain Bollée, entitled “Towards an EU Law on International Commercial Arbitration?”.
Conducted within the IRJS (Institut de Recherche Juridique de la Sorbonne), and more specifically its research group on private international law, SERPI (Sorbonne – Étude des Relations Privées Internationales), this project sets out to examine whether and how to improve the relationship between commercial arbitration and EU law.
News
List of China’s Cases on Recognition of Foreign Judgments [2025 Update]
As the new year begins, it’s a good time for a fresh start. One timely occasion to do so is the release, on 31 December 2025, of the annual update of the List of China’s Cases on Recognition of Foreign Judgments (Case List), prepared since 2019 by China Justice Observer (CJO), founded by Guodong Du and Meng Yu (updates for the years 2020, 2022, 2023, and 2024 were also previously posted on this blog).
The Case List is compiled on the basis of a collection of “all Chinese court decisions involving the recognition and enforcement of foreign judgments (REFJ), as well as foreign decisions concerning the recognition and enforcement of Chinese judgments.” The stated intention behind this endeavor is to “build reasonable expectations on REFJ in China.”
The Case List constitutes a particularly valuable source of information on judicial practice relating to the recognition and enforcement of foreign judgments in China, both under international treaties concluded by China (for a full list, see here) and under domestic law, namely the Civil Procedure Law of the People’s Republic of China (2023 Amendment), Articles 298–303.
According to the 2025 update, a total of 120 cases involving China and 26 foreign States and regions, excluding foreign divorce judgments, have now been collected. This represents an increase of 11 cases compared to the previous update (109 cases in the 2024 update).
Key features of the 2025 update include the following:
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The List comprises 26 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.
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A total of eleven newly added cases involve one treaty jurisdiction – Uzbekistan (one case), and five non-treaty jurisdictions, namely, Australia (one case), New Zealand (four cases), Singapore (two cases), South Korea (two cases), and the United States (one case).
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Please note that Tian v Xu [2023] NZHC 3259 marks the first reported instance of a New Zealand court recognizing and enforcing a Chinese civil settlement statement (also known as a mediation judgment). By treating such instruments as equivalent to consent judgments, the New Zealand High Court has adopted a pro-enforcement approach consistent with precedents in Canada (Wei v Li 2019 BCCA 114) and Australia (Bank of China Limited v Chen [2022] NSWSC 749), providing a clear contrast to the earlier restrictive view expressed in Singapore (Shi Wen Yue v Shi Minjiu & Anor [2016] SGHC 137).
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Another noteworthy case is Sunvalley Solar Inc. v Baoding Tianwei Solarfilms Co. Ltd. (2019) Ji 01 Xie Wai Ren No. 3, where a Chinese court refused to enforce a U.S. default judgment rendered in breach of a valid arbitration agreement. By holding that a defendant’s absence does not constitute an implied waiver, the Chinese court shielded arbitration clauses from being bypassed via foreign default judgments.
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Other newly added cases, be it foreign judgments to be enforced in China or Chinese judgments to be enforced in foreign jurisdictions, provide a valuable comparative perspective on key issues in the eyes of courts from different jurisdictions, such as reciprocity ( e.g., the de jure reciprocity applied by a Beijing court in enforcing a South Korean IP judgment, the reciprocal consensus confirmed by a Shanghai court in enforcing a Singapore monetary judgment), natural justice (New Zealand), ascertainment and interpretation of foreign law (Singapore, Australia).
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Each case has been reviewed, and more details, such as the grounds, the case numbers, and causes of action, have been added.
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Case analyses have been aggregated under the country tags since 2022, 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.
For further details see here and here.
Happy New Year to all!
[Out Now] Bruijnen on Recognition of Kafala and Child Marriage in Family Law and Migration Law
Leontine Bruijnen (Maastricht University) has recently published a book titled Recognition of kafala and child marriage in family law and migration law (Wolters Kluwer, 2025) based on her dissertation written under the supervision of Prof. Dr. Thalia Kruger and Prof. Dr. Marta Pertegás. Read more
Out Now: Un Derecho Internacional Privado centrado en los derechos de las personas (Tirant lo Blanch 2025)
By Eduardo Álvarez-Armas, Assistant Professor of Law at the Universidad Pontificia Comillas (Spain) and Université Catholique de Louvain (Belgium)
Earlier this year, publishing house Tirant Lo Blanch released “Un Derecho Internacional Privado centrado en los derechos de las personas” (Private international law as focused on the rights of individuals), a volume that compiles the papers presented in the “VII Seminario AEPDIRI sobre temas de actualidad de Derecho Internacional Privado”, the 7th workshop on trending topics in private international law organized by the Spanish Association of International Law and International Relations Professors. These workshops on trending topics, initiated in 2015, have become one of the most significant academic activities of the Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales (AEPDIRI). They provide a yearly forum for collective reflection on the most dynamic and debated questions in each of the association’s academic branches (public international law, private international law and international relations), enhancing the exchange of research and practice ideas among academics, judges, and legal professionals, from Spain and beyond.
