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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.
Disentangling Legal Knots: Intersection of Foreign Law and English Law in Overseas Marriages
Written by Muhammad Zubair Abbasi, Lecturer at School of Law, Oxford Brookes University (mabbasi@brookes.ac.uk)
Introduction:
In a recent judgment Tousi v Gaydukova [2024] EWCA Civ 203, the Court of Appeal dealt with the issue of the relevance of foreign law to the remedy available under English law in respect of an overseas ceremony of marriage. Earlier the High Court had held that the foreign law determines not only the validity or invalidity of the ceremony of marriage but also the ramifications of the validity or invalidity of the ceremony. The Court of Appeal disagreed and reiterated the rule that lex loci celebrationis is limited to the determination of the validity or invalidity of the ceremony of marriage. Therefore, English law will apply to provide a remedy or relief upon the breakdown of the relationship of the parties to a marriage ceremony that took place abroad.
Egyptian Supreme Court on the Enforcement of Foreign Judgments – Special Focus on the Service Requirement
I . Introduction
Egypt and its legal system occupy a unique position within the MENA region. Egyptian law and scholarship exert a significant influence on many countries in the region. Scholars, lawyers, and judges from Egypt are actively involved in teaching and practicing law in many countries in the region, particularly in the Gulf States. Consequently, it is no exaggeration to say that developments in Egyptian law are likely to have a profound impact on neighboring countries and beyond, and warrant special attention. Read more
News
Singapore Money Order Recognized and Enforced in China
The following post is reproduced from a recent update by the Asian Business Law Institute (ABLI).
Many thanks to Catherine Shen for sharing the information.
In a judgment (2023) Hu 01 Xie Wai Ren No. 28 dated January 8, 2025, the Shanghai International Commercial Court (Shanghai Court) recognized and enforced an order given by the General Division of the Singapore High Court after finding reciprocity between China and Singapore in the recognition and enforcement of each other’s civil and commercial judgments. Read more
The Conflicts Vineyard: In the Footsteps of Symeonides
It is a real pleasure to share a new essay by Professor Symeon C. Symeonides, written on the occasion of his retirement after fifty remarkable years in the field of conflict of laws. The essay, eloquently titled Reflections from Fifty Years in the Conflicts Vineyard, was presented as part of a symposium held in his honor in May 2024 at Willamette University College of Law, and sponsored by the AALS Section on Conflict of Laws. Read more
CoL.net Virtual Roundtable on the Commission’s Brussels Ia Report
In light of the Commission’s report on the Brussels Ia Regulation (first discussed here by Xandra Kramer), ConflictofLaws.net will be hosting an ad-hoc virtual roundtable
on Tuesday, 8 July 2025, 12pm–1.30pm (CEST).
The conversation will focus on the report published by the Commission on 2 June and its implications for a possible future reform of the Regulation.
The event will feature the following panellists:
Andrew Dickinson
University of Oxford
Stefano Dominelli
University of Genoa
Pietro Franzina
Catholic University of the Sacred Heart, Milan
Thalia Kruger
University of Antwerp
Tobias Lutzi
University of Augsburg
Everyone interested is warmly invited to join via this Zoom link.