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New rules for extra-territorial jurisdiction in Western Australia
The rules regarding service outside the jurisdiction are about to change for the Supreme Court of Western Australia.
In a March notice to practitioners, the Chief Justice informed the profession that the Supreme Court Amendment Rules 2024 (WA) (Amendment Rules) were published on the WA legislation website on 26 March 2024.
The Amendment Rules amend the Rules of the Supreme Court 1971 (WA) (RSC). The primary change is the replacement of the current RSC Order 10 (Service outside the jurisdiction) while amending other relevant rules, including some within Order 11 (Service of foreign process) and Order 11A (Service under the Hague Convention).
The combined effect of the changes is to align the Court’s approach to that which has been applicable in the other State Supreme Courts for some years.
The changes will take effect on 9 April 2024. Read more
International tech litigation reaches the next level: collective actions against TikTok and Google
Written by Xandra Kramer (Erasmus University Rotterdam/Utrecht University) & Eduardo Silva de Freitas (Erasmus University Rotterdam), members of the Vici project Affordable Access to Justice, financed by the Dutch Research Council (NWO), www.euciviljustice.eu.
Introduction
We have reported on the Dutch WAMCA procedure for collective actions in a number of previous blogposts. This collective action procedure was introduced on 1 January 2020, enabling claims for damages, and has since resulted in a stream of (interim) judgments addressing different aspects in the preliminary stages of the procedure. This includes questions on the admissibility and funding requirements, some of which are also of importance as examples for the rolling out of the Representative Action Directive for consumers in other Member States. It also poses very interesting questions of private international law, as in particular the collective actions for damages against tech giants are usually international cases. We refer in particular to earlier blogposts on international jurisdiction in the privacy case against TikTok and the referral to the CJEU regarding international jurisdiction under the Brussels I-bis Regulation in the competition case against Apple.
Turning Point: China First Recognizes Japanese Bankruptcy Decision
This post is written by Guodong Du and Meng Yu and published at China Justice Observer. It is reproduced here by kind permission of the authors.
Key takeaways:
- In September 2023, the Shanghai Third Intermediate People’s Court ruled to recognize the Tokyo District Court’s decision to commence civil rehabilitation proceedings and the order appointing the supervisor ((2021) Hu 03 Xie Wai Ren No.1).
- This marks not only the first time that China has recognized a Japanese court’s decision in a bankruptcy procedure, but also the first time that China has recognized a Japanese judgment.
- The case establishes a legal precedent for cross-border bankruptcy decisions, demonstrating that prior non-recognition patterns between China and Japan in civil and commercial judgments may not apply in such cross-border scenarios.
- While not resolving the broader recognition challenges between the two nations, this acknowledgment sends a positive signal from the Chinese court, hinting at potential future breakthroughs and fostering hope for improved legal cooperation.
News
Workshop on Cross-border Protection of Cultural Property-Agenda
Workshop on Cross-border Protection of Cultural Property Agenda
2025.2.28, UTC 8:00 – 12:15 (London Time)
| 8:00 – 8:05 | Opening Remarks | ||
| Zheng Tang | professor of Law, editor in chief, Chinese Journal of Transnational Law; Associate Dean, Wuhan University Academy of International Law and Global Governance | ||
| 8:05 – 8:45 | Keynote Address | ||
| Christa Roodt | Senior Lecturer of History of Art, University of Glasgow | ||
| Zhengxin Huo | Professor of Law, China University of Political Science and Law | ||
| Panel 1: Legal Mechanisms of Cross-Border Cultural Property Protection | |||
| 8:45 – 9:00 | Elena Moustaira | The contribution of Postcolonial Theory to the cross-border protection of Indigenous cultural heritage | |
| 9:00 – 9:15 | Yehya Badr | Restitution of stolen foreign cultural property and hurdles in choice of law | |
| 9:15 – 9:30 | Maggie Fleming Cacot | Forfeiture and freezing orders in transborder cultural property litigation | |
| 9:30 – 9:50 | Commentary and Discussion | ||
| Panel 2: Regional Practices and Challenges in Cultural Property Restitution | |||
| 9:50 – 10:05 | Andrzej’s Jakubowski | Moving People, Shifting State Borders and the Return of Cultural Property: The Case of Poland | |
| 10:05 – 10:20 | Miroslaw Michal Sadowski | From freedom to restitution (with special focus on Central and Eastern Europe and the Lusophone community) | |
| 10:20 – 10:35 | Ekin Omeroglu | The Issue of Applicable Law in Disputes Arising from Violations of Private Law Regulations on Cultural Properties: The Case of Turkiye | |
| 10:35 – 10:50 | Ruida Chen | Restitution of cultural property in China: In search of a new paradigm for cross-border cultural property claims | |
| 10:50 – 11:10 | Commentary and Discussion | ||
| Panel 3: Looking to the Past and the Future | |||
| 11:10 – 11:25 | Dabbie De Girolamo | The Relevance of ADR for transnational cultural property disputes: A Survey and Analysis of China’s experience | |
| 11:25 – 11:40 | Andreas Giorgallis | Restitution of cultural objects unethically acquired during the colonial era: The intersection of Public and Private International Law | |
| 11:40 – 11:55 | Evelien Campfens | Evolving Legal Models of Restitution | |
| 11:55 – 12:15 | Commentary and Discussion | ||
Join Zoom Meeting:
https://zoom.us/j/87424891864?pwd=8rHX72dmzi7FCDWWnm7F2n1OLIOFaC.1
Meeting ID: 874 2489 1864 Password: 574150
Giustizia consensuale No 2/2024: Abstracts
The second issue of 2024 of Giustizia consensuale (published by Editoriale Scientifica) has just been released, and it features:
Tommaso dalla Massara (Professor at Università Roma Tre), Per un’ermeneutica della certezza nel processo civile romano: tra regula iuris e determinazione pecuniaria (For a Hermeneutics of Certainty in the Roman Civil Process: Between Regula Iuris and Pecuniary Determination; in Italian).
This contribution offers a reflection on procedural certainty, starting from the Roman classical process. In particular, crucial is the idea that, in this procedural system, certainty is to be related to the rule of ‘condemnatio pecuniaria’. Thus, certainty is translated into the determinacy of the pecuniary sentence. What emerges is a peculiar way of understanding judicial activity, which is characterised by the alternativeness between the groundedness and groundlessness of the claim (si paret/si non paret oriented to a certum), as opposed to the hypothesis in which the assessment is left entirely to the judge.
Beatrice Ficcarelli (Associate Professor at the University of Florence), L’acquisizione di informazioni e «prove» nella negoziazione assistita da avvocati: la tessera che mancava (The Acquisition of Information and ‘Evidence’ in Negotiation Assisted by Lawyers: The Missing Piece of the Puzzle; in Italian). Read more
Call for Participants: Quo Vadis Preferential Law Approach? A Survey on the Interpretation of Article 6(2) Rome I Regulation Across EU Member States
Benedikt Schmitz (University of Groningen) has shared the following call for participants with us:
Quo Vadis Preferential Law Approach? A Survey on the Interpretation of Article 6(2) Rome I Regulation Across EU Member States
Project description:
The Rome I Regulation plays a crucial role in determining the applicable law in cross-border consumer contracts within the European Union. Article 6(2) Rome I Regulation allows parties to choose the governing law while ensuring that consumers do not lose the protection granted by mandatory provisions of the law that would apply in the absence of such a choice. Despite its significance, the interpretation of this provision varies across Member States, leading to questions about its practical coherence and effectiveness. Read more