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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.

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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.

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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

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Special Issue: Proceedings of the Bremen Conference on Informed Consent to Dispute Resolution Agreements

The German Law Journal has published a Special Issue featuring the proceedings of the international conference on Informed Consent to Dispute Resolution Agreements, held in Bremen on 20–21 June 2024 (see our earlier announcement here).

Edited by Gralf-Peter Calliess and Nicholas Mouttotos of the University of Bremen, the special issue brings together contributions from leading scholars in private international law, international civil procedure, and international arbitration. Contributors include: Symeon C. Symeonides, Nancy S. Kim, Gralf-Peter Calliess, Frederick Rieländer, Peter McColgan, Laura E. Little, Kermit Roosevelt III, Sören Segger-Piening, John F. Coyle, Hannah L. Buxbaum, Marta Pertegás Sender, Stephen Ware, Stefan F. Thönissen and Nicholas Mouttotos.

The collection addresses a central tension in modern dispute resolution: how to reconcile party autonomy in forum and choice-of-law agreements with the requirement of consent, and how informed should consent be, particularly where such agreements are embedded in standard-form contracts affecting weaker parties such as consumers and employees.

The issue encompasses perspectives from both the United States and the European Union, examining questions of constitutional fairness, access to justice, and the legitimacy of contractual self-determination. Contributions trace the historical development of party autonomy, critique the adequacy of existing consent models, examine their outward abandonment while also exploring comparative regulatory approaches to protecting vulnerable contracting parties.

The special issue is available in the German Law Journal, Volume 26, Special Issue 5, and the editorial can be found here. The German Law Journal is a pioneering (Gold) open-access, peer-reviewed forum for scholarship and commentary on comparative, European, and international law, offering free and unrestricted online access to its publications since 1999.

ZEuP – Zeitschrift für Europäisches Privatrecht 4/2025

A new issue of ZEuP – Zeitschrift für Europäisches Privatrecht is now available and includes contributions on EU private law, comparative law and legal history, legal unification, private international law, and individual European private law regimes. The full table of content can be accessed here: https://rsw.beck.de/zeitschriften/zeup.

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Decoding the Language of Law in the post-Migration Crisis Period: the Informalisation of Migration

The Jean Monnet Chair in Legal Aspects of Migration Management in the EU and in Türkiye and Bilkent University Faculty of Law cordially invite you for the next Migration Talk by Professor Paul James Cardwell (King’s College London) on “Decoding the Language of Law in the post-Migration Crisis Period: the Informalisation of Migration”.

The talk shall be held online. For the Zoom link please contact migration@bilkent.edu.tr.