Views
From Deference to Objectivity: How Courts Are Rewriting the Commercial Reservation
By Taimoor Raza Sultan, Stockholm University
Introduction
The 1958 New York Convention (‘NYC’) is widely regarded as international arbitration’s most significant achievement. Having been ratified by over 160 states, , establishing a credible system of enforcement for arbitral awards. Yet the commercial reservation under Article 1(3), which allows the reserving state to limit the application of the ‘Convention only to differences …. considered as commercial’ under its own national law, risks jeopardizing the uniformity of the convention. By domesticating the definition of commerciality, the reservation invites forum shopping and inconsistent enforcement. Read more
Online Symposium on Recent Developments in African PIL (II) – The Recognition and Enforcement of Foreign Judgments within the CEMAC Zone
As part of the second online symposium on recent developments in African private international law, we are pleased to present the second contribution, kindly prepared by Boris Awa (Kigali Independent University, Rwanda), on The Recognition and Enforcement of Foreign Judgments within the CEMAC Zone.
Article V(1)(e) of the 1958 New York Convention in Light of a Decision of the Turkish Court of Cassation
Posted on behalf of Erdem Küçüker, an attorney-at-law registered at the Istanbul Bar Association and a private law LL.M student at Koç University. Mr. Küçüker specializes in commercial arbitration, arbitration-related litigation and commercial litigation, and acts as secretary to arbitral tribunals.
Article V of the 1958 New York Convention (“NYC”) lists the grounds of non-enforcement of a foreign arbitral award. Accordingly, Article V(1)(e) provides that when “[t]he award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made” the award’s enforcement may be refused.
In 2024, the Turkish Court of Cassation quashed the lower courts’ decision that declared an International Centre for Dispute Resolution of the American Arbitration Association (“ICDR”) award as enforceable, stating that the courts should have further investigated whether the award is final, enforceable and binding (Court of Cassation, 11th Civil Chamber, Docket No: E. 2022/5986, Decision No: K. 2024/2257, Date: 20.03.2024). This article explains the decision of the Turkish Court of Cassation and comments on the final, enforceable and binding character of an arbitral award in relation to Article V(1)(e) of the NYC. Read more
News
Virtual Workshop (in English) on June 2, 2026: Thalia Kruger on „The Problem with Legal Certainty in Private International Law”
On Tuesday, June 2, 2026, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST).
Thalia Kruger (University of Antwerp) will speak, in English, about the topic
“The Problem with Legal Certainty in Private International Law”
Legal certainty is often considered foundational in private international law. It is used as justification for some of our connecting factors, and their application in time, as well as for our standards on recognition of foreign authentic instruments and judgments. However, if understood in a positivistic and precise manner, legal certainty can impede or complicate legal changes. The paper investigates where legal certainty has undesired consequences, especially in a context of righting past wrongs.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
VII Foro de Derecho Internacional Privado (Madrid): Call for Papers
The organizers of the VII Foro de Derecho Internacional Privado have issued a call for papers for the next edition of the Forum, which will take place at the University of Alcalá (Madrid, Spain) on 29–30 October 2026.
The Foro Europeo de Derecho Internacional Privado (FEDIPr) is a permanent seminar devoted to the study of issues arising from transnational private relationships through regular meetings focused on discussion and debate. The Forum aims to contribute to legal scholarship and scientific progress through an empirical, comparative, functional, and multidisciplinary methodology, while serving as a meeting place for specialists in Private International Law.
Virtual Presentation (in English) on May 26, 2026: Prof. TU Guangjian on China’s Shift on Foreign State Immunity and its Legal Implications for ‘One Country, Two Systems
Here is the link for the forthcoming Asian Private International Law Academy (APILA) monthly online meeting on Tuesday 26 May 2026 at 7 pm JST:
Topic: APILA Monthly Online Meeting on Tuesday 26 May 2026 at 7 pm JST
Time: May 26, 2026 07:00 PM Osaka, Sapporo, Tokyo
Join Zoom Meeting
https://us02web.zoom.us/j/89849901085?pwd=FUgb34HqwyIhxkFU92lygqFSw6Ll3I.1
Meeting ID: 898 4990 1085
Passcode: 132732