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The Art. 2(b) CISG Conundrum: Are Tender Contracts Under the Ambit of an Auction?
Introduction
It is beyond dispute that The Convention of International Sales of Goods, 1980 (CISG) has facilitated international trade disputes. However, Courts and tribunals continue to apply their minds in adjudicating the applicability of CISG before advancing into substantive issues. This exercise is not very prolific as it prolongs proceedings. Chapter 1 of the convention lays down the scope and extent of the CISG. Amongst other things, the CISG application does not apply to contracts formed by, inter-alia, auctions under Art. 2(b) of CISG. The word auction itself is nowhere defined in the convention.
Japanese Court Enforces a Singaporean Judgment Ordering the Payment of Child Living Expenses
I. Introduction
Foreign family law decisions can be recognized, and where necessary, enforced in Japan if they meet the prescribed requirements for this purpose. Prior to 2018, it was an establish practice to apply the same recognition and enforcement regime used for civil and commercial matters to foreign family law decisions. However, discussions existed in literature regarding whether constitutive family law judgments and decrees should be recognized following the choice of law approach, or whether the specific characteristics of foreign family law decisions might justify exceptions, such as the non-application of certain recognition requirements (see Mario Takeshita, “The Recognition of Foreign Judgments by Japanese Courts” 39 Japanese Annual of International Law (1996) 59-61). Read more
The Development of forum non conveniens in the Chinese Law and Practice
by Arvin LUO Fuzhong, Doctoral Candidate at Tsinghua University, Visiting Research Associate at HKU, LL.M. (Cornell), Bachelor of Laws (ZUEL).*
The doctrine of forum non conveniens is an important principle in civil procedure laws and frequently applied by courts in many legal systems, especially those of common law countries. According to this principle, when courts exercise their discretionary power to determine whether to exercise jurisdiction over the factual circumstances of a case, they primarily consider issues of efficiency and fairness to find the most appropriate forum to settle the dispute. If the acceptance of a case would lead to inefficient outcomes and consequences that are contrary to justice, the court may refuse to exercise jurisdiction on the grounds that it is not the appropriate forum.
Unrealized by many international scholars and practitioners,[1] China has been adopting (formally or informally) the doctrine of forum non conveniens for more than 30 years, first through a few court judgments, then provided in judicial interpretations issued by the Supreme People’s Court of PRC (“SPC”), which is binding for all Chinese courts, and finalized in the 2024 Civil Procedure Law of PRC. This article introduces the history of Chinese law adopting the doctrine of forum non conveniens in the past years, and the development of China’s law revision in 2023. Read more
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Quick and easy access to German case law in private international law – One year of ‘IPRspr 2.0’ (and almost 100 years of ‘IPRspr’)
Quick and easy access to German case law in private international law – One year of ‘IPRspr 2.0’ (and almost 100 years of ‘IPRspr’)
A comprehensive and carefully curated database providing free access to German court decisions on private international law – www.iprspr.de
Ralf Michaels/Jan Peter Schmidt
Perspectives Contentieuses Internationales (PCI), Volume 4
by Fabienne Jault-Seseke
Volume 4 of the Revue Perspectives Contentieuses Internationales (PCI) has been published. Available in open access here.
It includes a special feature on ‘the International Commercial Chamber of the Paris Court of Appeal’ edited by Sandrine Clavel and Daniel Barlow. This feature provides an insight into the history of the chamber, its specific characteristics, its place in the European market for justice, and how it operates. It also includes a presentation of its case law in private international law by Marie-Elodie Ancel and François Mailhé. Case law in arbitration is the subject of three articles by Malik Laazouzi.
Widiez on Specialisation of Private International Law
Gaëlle Widiez (Bourgogne University) has recently edited a volume entitled The Specialization of Private International Law: Reflections from the Perspective of Business Law (La spécialisation du droit international privé : Réflexion dans le champ du droit des affaires), published by LexisNexis. Read more