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First Thai Monetary Judgment Enforced in China, Highlighting Presumptive Reciprocity in China-ASEAN Region
This post is kindly provided by Dr. Meng Yu, lecturer at China University of Political Science and Law, and co-founder of China Justice Observer.
Key Takeaways:
- In June 2024, the China-ASEAN Free Trade Area Nanning International Commercial Tribunal under the Nanning Railway Transportation Intermediate Court in Guangxi ruled to recognize and enforce a Thai monetary judgment (Guangxi Nanning China Travel Service, Ltd. v. Orient Thai Airlines Co., Ltd. (2023) Gui 71 Xie Wai Ren No. 1).
- Apart from being the first case of enforcing Thai monetary judgments in China, it is also the first publicly reported case confirming a reciprocal relationship based on “presumptive reciprocity”.
- The Chinese court’s confirmation that “presumptive reciprocity”, as outlined in the Nanning Statement, is a form of mutual consensus between China and ASEAN countries helps to promote the circulation of judgments within the China-ASEAN region.
News
Chair for Comparative and Private International Law, University of Vienna
The following information was kindly shared with us by Matthias Lehmann (University of Vienna).
At the University of Vienna, a Chair for Comparative Law and Private International Law will become vacant in 2026 (current holder: Professor Helmut Ofner).
The role will be to teach and research private international law and comparative law. Knowledge of the German language and the Austrian legal system is not a prerequisite; however, applicants should be willing to learn German and familiarise themselves with Austrian law. Familiarity with several legal systems is highly desirable. A specialisation in a particular area, such as international family law or international commercial law, is welcome; publications in the field of uniform law and European law are an advantage.
The successful candidate is expected to relocate to Vienna, which is consistently ranked as the most or second-most liveable city in the world (see Global Liveability Index). Initial appointments to a first professorship may be limited to six years, with the possibility of extending it to a permanent position.
More information on the position is available here. The application deadline is 17 September 2025.
[Out Now] Lopez on Choice of Forum Clauses in Asia
The Hart Series “Studies in Private International Law – Asia” continues to deliver outstanding volumes, the latest being authored by Lemuel D. Lopez (lecturer of Law at the Royal Melbourne Institute of Technology University), and titled “Choice of Forum Clauses in Asia”.
This marks the 13th volume in the series, which was launched only a few years ago in 2019, with many more volumes expected to follow.
The topic is of great significance, and this book provides a much-needed Asian perspective, shedding light on how forum selection clauses function within the region’s unique legal environment.
The book’s description reads as follows:
This book compares and explains the approaches taken by Asian courts when choice of forum clauses in international commercial contracts are challenged in litigation.
It examines key common law jurisdictions (Singapore, Hong Kong and Malaysia), civil law jurisdictions (China, Japan, and Indonesia), and hybrid jurisdictions (the Philippines).
With Asia’s ascent in cross-border trade and investment, alongside a corresponding increase in cross-border litigation, understanding how Asian courts address choice of forum clauses in international commercial contracts has never been more critical. Employing a comparative law method, the book identifies and explains the relief and remedies used by Asian courts in enforcing choice of forum clauses, analysing how their classification as either contractual or procedural in nature shapes judicial approaches. It further distinguishes choice of forum clauses from arbitration agreements and explores their interaction with other contractual provisions. Party autonomy – as the parties’ freedom to determine the contents of the choice of forum clause and the freedom to control the flow of litigation – is also critically scrutinised.Furthermore, the book investigates the factors courts consider in resolving key choice of forum clause issues (ie, enforceability; specific relief to be granted; existence, validity, interpretation of choice of forum clauses; role of mandatory rules, public policy, and international interests) and explores the prospects for future development of this area of law in Asia.
Crucially, the book highlights the unique approaches of Asian courts, while underscoring the differences and similarities among common law, civil law, and hybrid jurisdictions.
Table of Contents
1. Introduction
2. The Nature of Choice-of-Forum Clauses
3. Party Autonomy and Choice-of-Forum Clauses
4. The Enforcement of Choice-of-Forum Clauses: Singapore, Hong Kong, Malaysia, Philippines
5. The Factors Considered in Granting Relief: Singapore, Hong Kong, Malaysia, Philippines
6. Existence, Validity and Interpretation: Singapore, Hong Kong, Malaysia, Philippines
7. Mandatory Rules, Public Policy and International Interests: Singapore, Hong Kong, Malaysia, Philippines
8. Choice of Forum Clauses in Asian Civil Law Countries: China, Indonesia and Japan
9. Conclusions
2026 applications for a 6-month internship in The Hague, Netherlands
The Australian Institute of International Affairs and the Australian Branch of the International Law Association call for applications for the 2026 Peter Nygh Hague Conference Internship.