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Delhi High Court Grants Rare Anti-Enforcement Injunction: Implications for International Disputes
By Ananya Bhargava, Jindal Global Law School, OP Jindal Global University, India.
Recently, the Delhi High Court in the case of Honasa Consumer Limited v RSM General Trading LLC granted an anti-enforcement injunction against the execution proceedings instituted in the Dubai Court on the ground that it threatened the arbitral process in India. The Court deemed the proceedings before the Dubai Court as an attempt to frustrate a possible arbitration envisaged by the contract between the parties. The injunction was granted under S.9 of the Indian Arbitration and Conciliation Act 1996 as an “interim measure.” This is a significant turning point in the intersection of arbitration and cross-border litigation in India since the remedy of anti-enforcement injunction is rarely granted by judicial authorities across jurisdictions.
How many monetary judgments that Chinese courts decided to enforce are successfully enforced?
It is necessary to distinguish (1) a court’s decision to acknowledge the validity of a foreign judgment (judgment recognition and enforcement), and (1) whether a judgment creditor successfully recovers the awarded amount in practice.
Insights and Future Directions of PIL Based on the 2024 Online Summer Courses at The Hague Academy of International Law
By Birgit van Houtert, Assistant Professor of Private International Law at Maastricht University
From 29 July till 16 Augustus 2024, the Summer Courses on Private International Law (PIL) were held at the 93rd session of the summer courses of the Hague Academy of International Law. The PIL courses were followed by 250 onsite attendees and remotely 61 attendees from 74 different countries. The inaugural lecture was presented by Lord Lawrence Collins of Mapesbury (Former Justice at the United Kingdom Supreme Court) on the “Use and Abuse of Comity in International Litigation”. In the next three weeks, the general course was given by Charalambos Pamboukis (Professor at the National and Kapodistrian University of Athens) titled “The Metamorphoses of Private International Law”. During these three weeks, six special courses were given by Alessandra Zanobetti (Professor at the University of Bologna) on “The Effects of Economic Sanctions and Counter-Measures on Private Legal Relationships”; Natalie Y. Morris-Sharma (Director at the Attorney-General’s Chambers of Singapore) on “The Singapore Convention and the International Law of Mediation”; Carlos Esplugues Mota (Professor at the University of Valencia) on “New Dimensions in the Application of Foreign Law by Courts (and Arbitrators) and Non-judicial Authorities”; Jack Coe (Professor at Pepperdine Caruso School of Law) on “Non-ICSID Convention Investor-State Awards in Domestic Courts”; Eva Lein (Professor at the University of Lausanne) on “Breathing Space in International Commercial Litigation”; Andrew Dickinson (Professor at the University of Oxford) on “Natural Justice in Recognition and Enforcement of Foreign Judgements”. These PIL experts provided very interesting and valuable insights, including future (desirable) directions on PIL that can guide and inspire students, researchers, legal practitioners, courts, and legislators. The courses will be published by Brill in the series Collected Courses of The Hague Academy of International Law / Recueil des cours de l’Académie de La Haye. The fact that the courses commonly focused on PIL globally, by including national, regional and international PIL, is particularly laudable in view of our interconnected world. This blog aims to describe common threads of the 2024 Online Summer Courses on PIL that may encourage you to read the Hague Academy Collected Courses and inspire further research.[1]
News
Call for Papers- International Conference on Legal Aspects of Migration Management
Bilkent University Faculty of Law and Jean Monnet Chair in Legal Aspects of Migration Management in the EU and in Türkiye cordially invite you to submit abstracts for the International Conference on Legal Aspects of Migration Management to be held at Bilkent University on 6-7 March 2026.
The Conference aims to give the opportunity to researchers who would like to present their theoretical or empirical research on the development of policy, legislative and administrative responses to key migration issues.
We particularly encourage submissions on the questions of evolution of the international legal regime relating to migration; the right of asylum and asylum procedures; border management; sustainability and migration; circular migration; protection of unaccompanied minors and other vulnerable groups; effects of digitalisation on migration; externalization of migration policies, recognition of personal status; migrants’ access to fundamental rights and durable solutions. Proposals involving comparative perspectives of international, European and national approaches are most welcome.
Abstracts (max. 500 words) (in English or in Turkish) should be sent to migration@bilkent.edu.tr by 5 January 2026.
Detailed information shall be provided upon request: migration@bilkent.edu.tr
Chronology of Practice: Chinese Practice in Private International Law in 2024 Published
Written by Dr. Zihao Fan (Peking University Law School)
On 14 November 2025, the annual survey Chronology of Practice: Chinese Practice in Private International Law in 2024 (“the 2024 Survey”) was published in the Chinese Journal of International Law (Oxford University Press, Vol. 24(4)). This survey continues the long-running series of yearly reports, now in its twelfth year since 2013, and it remains an indispensable resource documenting China’s development in private international law for an international audience. The Survey is available at:
https://academic.oup.com/chinesejil/article/24/4/jmaf031/8321298?login=true
- Content and Focus of the 2024 Survey
The 2024 Survey covers six areas: an overview, civil subjects, jurisdiction, choice of law, international judicial assistance, and international arbitration and judicial review. Its characteristics are as follows:
First, the Survey follows the structure of previous years, summarising original materials without providing commentary.
Second, it further streamlines case facts and extracts core viewpoints. It covers two revised laws, one treaty approved by the Chinese government, three new and three revised administrative regulations, three judicial interpretations, seven batches of Supreme People’s Court (SPC) case reports, forty-three directly relevant typical cases, one SPC Work Report, and other official information and media sources.
Third, it focuses on several key issues:
- Ascertainment of extraterritorial law. In recent years, China has not only established multiple ascertainment centres, but the SPC has also issued specialised judicial interpretations and typical cases. Local courts have introduced rules relating to the ascertainment of foreign law, and many local courts and foreign-law ascertainment centres have published dedicated reports. These achievements have placed China’s judicial practice in foreign-law ascertainment genuinely “at the forefront” internationally.
- Jurisdiction in anti-monopoly cases and the application of the appropriate-connection principle became focal points of Chinese private international law practice during the year.
- Choice of law in contracts. SPC Reply Regarding the Validity of an Agreement Entered into by a Hong Kong or Macao-Funded Enterprise Registered in the Mainland Part of the Guangdong-Hong Kong-Macao Greater Bay Area to Choose the Law of Hong Kong or Macao as the Applicable Law for Contracts or to Designate Hong Kong or Macao as the Place of Arbitration represents a significant breakthrough: two Mainland parties may choose Hong Kong or Macau law and may designate Hong Kong or Macau as the place of arbitration.
- Judicial review of arbitration. The SPC selected fifteen typical cases concerning judicial review of arbitration, including cases supporting the further development of Hong Kong arbitration, which is of positive significance.
Fourth, the 2024 Survey also covers other matters, including representative offices of foreign enterprises and foreign law firms in China. Notably, provisions allowing for the extraterritorial application of Chinese law are becoming increasingly common, and the securities-law field witnessed the first case in which a court exercised jurisdiction based on such a provision.
- Abstract of the 2024 Survey
The Survey provides the following abstract:
The 2024 survey of the Chinese practices in private international law highlights five aspects: First, in terms of legislative developments, two revised laws, three new and three revised administrative regulations, three judicial interpretations, were adopted. The Supreme People’s Court (“SPC”) also issued seven groups of 43 typical cases. Additionally, China ratified the Agreement on Judicial Assistance and Cooperation in Civil or Commercial Matters with Saudi Arabia. Second, Chinese courts concluded substantial numbers of international cases: 26,000 foreign-related civil and commercial cases, 34,000 maritime cases and 18,000 commercial arbitration judicial review cases. Third, regarding jurisdiction, Chinese courts for the first time applied the appropriate connection approach under Article 276(2) of the Civil Procedure Law. In civil monopoly cases, both the SPC’s new judicial interpretation and selected cases confirmed that jurisdiction follows tort and contract rules. Fourth, regarding choice of law, foreign law ascertainment remains prominent, with Chinese courts demonstrating increased efforts to research and apply foreign laws through numerous reports, cases and rules. Finally, regarding arbitration, the SPC released six typical cases supporting the arbitration in Hong Kong and a Report on Judicial Review of Commercial Arbitration. In the Report, the SPC identified three cases involving public policy to illustrate the application scope while maintaining strict application standards.
III. Core Rationale of the Survey Series
Since 2013, the English-language annual Survey of Chinese private international law practice has centred on developments in Chinese private international law, reviewing both institutional developments and judicial practice. It covers conflict of laws, uniform substantive law, international civil procedure, international commercial arbitration, and international commercial mediation. This structure is common to all editions, though specific emphases vary each year.
Between 2013 and 2024, the series has addressed twelve SPC Work Reports, twenty-nine laws, thirteen administrative regulations, seventy-six judicial-interpretation-type documents, and 307 cases.
It is noteworthy that Chinese courts adjudicate more than 45,000 foreign-related civil, commercial and maritime cases each year. Most cases included in the Survey are selected by the team after extensive review of large numbers of judgments available on China Judgments Online and Peking University’s legal database, with the intention of identifying representative examples.
By providing original materials—including legislative and regulatory developments and case law—the series traces the evolution of China’s foreign-related civil and commercial legal system and judicial practice. The author aims to “tell the story of China’s foreign-related rule of law in an international language”, using a documentary style that enables domestic and international readers to appreciate China’s progress in this field.
The Double Face of Private International Law: Reconsidering Its Colonial Entanglements
Originally posted here
Current Research in Private International Law at the Max Planck Institute for Comparative and International Private Law, Hamburg
- Date: Dec 5, 2025
- Time: 11:00 AM (Local Time Germany)
- Location: online
About the speaker
Béligh Elbalti is a Professor at the Graduate School of Law and Politics, Osaka University. He is the author of numerous academic publications, primarily in the field of private international law, including blog posts on conflictoflaws.net. His research focuses on the development of private international law at both the national and international levels, with particular emphasis on Asia, Africa, and the Middle East.
About the Topic
In its general discourse, private international law (conflict of laws) is often presented as a discipline grounded in principles such as sovereignty, the equality of states, and comity. Its defining traits are said to flow from this premise of equality between legal orders, including its claim to neutrality, its pursuit of international harmony in cross-border cases, and its role in coordinating diverse legal systems. However, it is striking that private international law developed in an international context marked by domination, inequality, and subordination, a context that challenged the very premises on which the discipline claimed to rest.
Within this broader context, private international law appears to have played a dual role. On the one hand, it served as an instrument of colonial domination, particularly by denying its foundational premises to legal systems not regarded as “civilized”. In these contexts, instead of applying the ordinary methods of private international law, alternative mechanisms were employed to manage foreignness, most notably through systems of extraterritoriality – whether in the form of consular jurisdiction, mixed courts, or foreign courts operating in colonized or semi-colonized territories. On the other hand, private international law also functioned as an instrument for restoring sovereignty and achieving independence. The abolition and dismantling of extraterritorial regimes required colonized and semi-colonized states to meet the substantive and institutional conditions considered necessary for recognition as a “civilized nation”. This included, among other reforms, the establishment of a functioning system of private international law, alongside the adoption of substantive and procedural legal frameworks that guaranteed equal rights and protection for foreigners.
About the Virtual Workshop Series
The virtual workshop series “Current Research in Private International Law” is organised by Ralf Michaels and Philomena Hindermann. The series features guest speakers and Institute staff members who present and discuss their work on current developments and research topics in private international law. The workshops are geared to scholars who are researching in the field of private international law, but attendance is open to all individuals having an academic interest (including doctoral candidates and students).
The virtual lecture will be held as a video conference via Zoom. Please register no later than Thursday, 4 December 2025 using this LINK.
You will receive the login details on Thursday afternoon. If you do not receive an email containing the login data, please check your spam folder as well.