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Finder on the Supreme People’s Court’s Notice on Foreign State Immunity Procedures

The news about the Supreme People’s Court of the People’s Republic of China issuing the Notice on Procedural Matters Related to Civil Cases Involving Foreign State Immunity has been previously reported on this blog.

Following this significant development, Professor Susan Finder, a distinguished Scholar in Residence at Peking University School of Transnational Law, has kindly shared her insights on the matter. Her post was originally published on the Supreme People’s Court Monitor. Given its valuable contribution, we decided to repost it here.

Our sincerest thanks to Professor Susan Finder for her thoughtful analysis and generosity in sharing her thoughts. Read more

The Supreme People’s Court of the People’s Republic of China issued the Notice on Procedural Matters Related to Civil Cases Involving Foreign State Immunity

(This is written by Xiaoxuan Gu, a PhD student in School of Law, University of Macau)

The Foreign State Immunity Law of the People’s Republic of China (CFSIL) took effect on January 1, 2024.[i] To ensure its proper implementation and guide courts nationwide in lawfully and efficiently adjudicating civil cases involving foreign state immunity, the Supreme People’s Court (SPC) formulated supporting procedural rules. On March 26, 2025, the SPC issued the Notice on Procedural Matters Related to Civil Cases Involving Foreign State Immunity (hereinafter the “Notice”), which provides definitive guidance to courts at all levels in handling such novel foreign-related cases.

The Notice stipulates provisions on key procedural matters, including case acceptance criteria, centralized jurisdiction mechanisms, service of process rules, jurisdictional immunity review procedures, and protocols for obtaining evidentiary certifications from the Ministry of Foreign Affairs. Read more

Caught Between Legal Boundaries: Child Custody Disputes Across Japan and Bangladesh

I would like to express my sincere gratitude to MD Sanwar HOSSAIN, LLB (Hons) Wolverhampton University, MSS (Dhaka University), PgDiP (Northumbria University), Barrister at law (Hon’ble Society of Lincoln’s Inn), Advocate (Appellate Division) Supreme Court of Bangladesh and Managing Partner, S Hossain & Associates law office, for bringing the Bangladesh courts’ decisions to my attention.

I. Introduction

The breakdown of an international marriage often leads to complex cross-border disputes, especially when children are involved. Tensions can intensify if one parent decides to take the children to their home country, often without the consent of the other parent.

In such cases, when the countries involved are signatories to the HCCH 1980 Child Abduction Convention, the Convention’s mechanisms are designed to facilitate the prompt return of children to their country of habitual residence. This framework aims to prevent unilateral relocations that could have lasting impacts on the child’s stability. However, when one or both countries are not parties to the Convention, resolving such cases becomes significantly more challenging. In such cases, national courts are compelled to address competing custody claims, assess allegations of wrongful removal, and determine whether they have jurisdiction to hear the case, all while balancing, often quite differently, the best interests of the children involved.

The case presented here is just one of many unreported cases where a romance relationship turns sour, leading to lengthy and contentious legal battles across jurisdictions. This note will focus on the Bangladeshi court’s treatment of the case, as it offers useful insights into the court’s approach to handling such complex cross-border disputes.

Read more

News

Hybrid Lecture: Venezuela’s Oil, Between a Rock and a Hard (Arbitration) Place (UCL, 26 Feb 2026, 1pm)

Event type: Hybrid
Date & time: 26 Feb 2026, 13:00 – 14:00
Speaker: Prof. Eugenio Hernández-Bretón, Universidad Central de Venezuela and Universidad Monteavila
About the event: Over the past 50 years, Venezuela’s legal framework for the oil industry has been on a roller coaster. In 1975, the industry was nationalized, compensating private investors, but an “intentional” loophole allowed for private participation. In the mid-1990s, nationalization shifted to the “oil opening,” despite facing political opposition and legal battles, and allowing for extensive private participation in the oil sector as well as providing for arbitration in certain cases. By the early 2000s, a new business model emerged, denouncing the previous “phony nationalization” and leading to a “renationalization” that reserved primary activities (exploration and extraction) for the Venezuelan state, and terminating agreements with private investors. This resulted in numerous arbitration cases worldwide, with some awards ordering Venezuela to pay substantial sums, though few were enforced and none of the expropriations were compensated. In January 2026, as a result of recent events, a new hydrocarbons law was proposed, currently under parliamentary consideration, easing private participation in primary activities and explicitly allowing international arbitration, which had been demonized in the previous two decades.
About the speaker: Eugenio Hernández-Bretón is tenured professor at the Universidad Central de Venezuela and at Universidad Monteavila, both in Caracas. He holds the chairs of private international law and international civil procedure. He has also lectured on Arbitration and Comparative Law, among other courses in Venezuela and abroad, including at The Hague Academy of International Law. As a practicing lawyer he has participated in numerous international arbitration cases. Professor Hernández-Bretón earned a doctorate in laws from the University of Heidelberg, and master’s degrees from Columbia University and the University of Tubingen. He received his law degree from the Universidad Catolica Andres Bello in Caracas. Additionally, Professor Hernández-Bretón served as President of the Academy of Political and Social Sciences of Venezuela.
Further information, including details on how to book a free ticket for the event, is available here: https://www.ucl.ac.uk/laws/events/2026/feb/venezuelas-oil-between-rock-and-hard-arbitration-place.

EAPIL Conference in Geneva from 18-20 June 2026: Registration open!

From 18 to 20 June 2026 the European Association of Private International Law (EAPIL) will host its third biannual conference. Following the Association’s conferences in Aarhus (Denmark) and Wroclaw (Poland) the conference promises to be a key event for scholars and practitioners interested in the present and future of European private international law.

Programme and Audience

Under the title “Shaping the Future of Private International Law in Europe – Putting Together the Pieces & Filling Gaps”, the conference will address structural developments, unresolved issues, and emerging challenges in European private international law. Special emphasis will be placed on 1) the consolidation of European private international law in a single instrument (EuPIL Act), 2) the unification of international property law (including the protection of cultural objects), and 3) the relationship of European Private International Law with third States.

All topics will be addressed from an analytical and a forward-looking perspective, combining doctrinal reflection with policy-oriented debate. Contributions will come from an internationally diverse group of speakers, reflecting EAPIL’s commitment to comparative and transnational perspectives.

The conference is open to academics, judges, practitioners, policymakers, and early-career researchers with an interest in (European) private international law.

Venue and Organisation

Hosted by the Faculty of Law of the University of Geneva, the conference will take place exclusively in person in Geneva. The choice of venue underscores the international outlook of the event and provides an ideal setting for scholarly exchange and networking.

Registration

Registration is available here. An early-bird rate applies until 15 March 2026, with standard registration available until 17 May 2026. Participation fees vary depending on registration date and include the option to attend the conference dinner. Further details on fees and registration can be found on the conference website.

Why Attend?

The EAPIL Conference 2026 offers a unique opportunity to:

  • engage with cutting-edge research in private international law,
  • discuss current reform projects and unresolved doctrinal questions,
  • connect with leading scholars and practitioners from across jurisdictions, and
  • contribute to shaping the future development of the field.

Further Information

More information on the programme, registration, and practical details is available on the conference website.

About EAPIL

The European Association of Private International Law was founded in 2019 to promote the study and development of Private International Law. It has today more than 600 members from more than 70 countries. For more information visit the EAPIL website and follow the EAPIL blog.

Crossroads in Private International Law Webinar with Tobias Lutzi on “Crossroads in Private International Law Seminar on the Reform of EU Private International Law” at the University of Aberdeen

The Centre for Private International Law & Transnational Governance of the University of Aberdeen is continuing its Crossroads in Private International Law webinar series with a talk by Tobias Lutzi (University of Augsburg) titled ‘Between Ambition and Realism – What to Expect from the Upcoming Reforms to the Rome II and Brussels Ia Regulation?’:

The Centre for Private International Law & Transnational Governance invites you to attend the next seminar in our Crossroads in Private International Law seminar series. You can find the link to register at the bottom of this page.

Prof Tobias Lutzi (Junior Professor for Private Law at Augsburg University) will give a seminar on the reforms to the Rome II and Brussels Ia Regulation. Prof Lutzi has kindly provided the following abstract:

Last year, the EU Commission formally kicked off the process of reforming two key instruments of EU Private International Law, identifying potential areas for reform and setting out some overarching policy goals. In 2026, the Commission will face the more difficult decision of which of those areas to actually focus on. This talk will discuss the respective merits of those areas of reform, highlighting the tension between ambition and realism that will shape the Commission’s work.

We are looking forward to welcoming you online or on campus!

Additional information and the link to register can be found here.

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