Views
Overview of the 2023 Amendments to Chinese Civil Procedure Law
Written by NIE Yuxin, Wuhan University Institute of International Law
1. Background
China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. Since then, it had undergone four revisions in 2007, 2012, 2017, and 2021. However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. The latest amendments to the Civil Procedure Law in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions. Notably, 19 changes deal with the special provisions on cross-border procedures.
China Adopts Restrictive Theory of Foreign State Immunity
Written by Bill Dodge, the John D. Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law.
On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here). When the law enters into force on January 1, 2024, China will join those countries—a clear majority—that have adopted the restrictive theory of foreign state immunity. For the law of state immunity, this move is particularly significant because China had been the most important adherent to the rival, absolute theory of foreign state immunity.
In two prior posts (here and here), I discussed a draft of the FSIL (English translation here). In this post I analyze the final version of the law, noting some of its key provision and identifying changes from the draft, some of which address issues that I had identified. I also explain why analysts who see China’s new law as a form of “Wolf Warrior Diplomacy” are mistaken. Contrary to some suggestions, the FSIL will not allow China to sue the United States over U.S. export controls on computer chips or potential restrictions on Tiktok. Rather, the FSIL is properly viewed as a step towards joining the international community on an important question of international law. Read more
“Quasi” Anti-Suit Injunctions and Public Policy under Brussels Regime
THE CJEU: “QUASI” ANTI-SUIT INJUNCTION JUDGMENTS ARE AGAINST PUBLIC POLICY UNDER BRUSSELS REGIME
This post is written by Mykolas Kirkutis, a lecturer and PhD student of law at Mykolas Romeris University and visiting researcher at Rotterdam Erasmus School of Law, Erasmus University Rotterdam (EU Civil Justice group).
The Court of Justice of European Union (CJEU) on 7 of September 2023 in its newest case Charles Taylor Adjusting Limited, FD v Starlight Shipping Company, Overseas Marine Enterprises Inc. (case No. C?590/21) 2023 rendered a new preliminary ruling related to a non-recognition of “Quasi” anti-suit injunctions’ judgment under public policy ground of Brussels regime. This case is important because of two aspects. Firstly, CJEU clarified the main elements of “Quasi” anti-suit injunctions’ judgments. Secondly, Court stated what impact such judgments have for mutual trust in EU and if it can be safeguarded by public policy ground.
News
The International Committee of the Singapore International Commercial Court: A Transnational Appeal Mechanism
Written by Yip Man (Professor of Law, Yong Pung How School of Law, Singapore Management University)
To bolster Singapore’s position as an international dispute resolution hub, the Singapore International Commercial Court (International Committee) Bill[1] was introduced in Parliament on 14 October 2024 to establish the International Committee of the Singapore International Commercial Court (the SICC), a standalone body, to hear prescribed civil appeals and related proceedings from prescribed foreign jurisdictions.[2] The Bill was passed by Parliament on 12 November 2024. The Singapore International Commercial Court (International Committee) Act 2024 (the “International Committee Act”) is uncommenced.[3] Read more
Conference: “The Next 25 Years of Private International Law: What Does the World Need?”, 23 June 2025 in Groningen
The Ulrik Huber Institute for Private International Law is delighted to announce a special one-day conference entitled:
The Next 25 Years of Private International Law: What Does the World Need?
This conference marks a significant occasion: the celebration of Professor Mathijs ten Wolde’s 25-year tenure as a professor and director of the Ulrik Huber Institute. In honour of his contribution to the field and his mentorship of generations of legal scholars, the event will bring together former PhD students and distinguished colleagues from across the globe to reflect on the future direction of private international law.
Key Themes Include:
- The role of private international law in a changing world;
- Evolving cross-border legal frameworks (e.g. EU Regulations and HccH Conventions);
- Regional vs. global harmonisation efforts;
- The impact of digitalisation;
- New frontiers in family, commercial, IP, transport and procedural law.
We warmly invite all scholars, practitioners and students with an interest in private international law to join us for this day of dialogue and celebration. More information, including the conference programme, is available via the following link: https://www.rug.nl/rechten/agenda/2025/the-next-25-years
New Book and Seminar Heroes of the Judicial Periphery
Last month the book The Heroes of the Judicial Periphery: Court Experts, Court Clerks, and Other Actors in the Shadows, edited by Alan Uzelac and Stefaan Voet (Hart/Bloomsbury Publising, 2025) was published. The book highlights the role of perhaps less prominent, but nevertheless important actors in (international) judicial procedures from a national, comparative and/or international perspective.
The European Civil Justice Centre (Erasmus School of Law) hosts a seminar in collaboration with the editors to launch the book on 4th July 2025 from 10-12 CEST.
Discussions on civil justice mostly focus on procedural rules, and the role of courts, parties and lawyers. This book addresses other actors that are often overlooked in academic and policy debates. It assesses the role of court experts, court clerks and court staff, and other actors on the ‘judicial periphery’ who play an important role and often co-determine the pace, outcome, and tone of the judicial process.
The knowledge and skills of experts may be indispensable at times, but it is among the most expensive, complicated and time-consuming means of evidence. The judges adjudicate, but where experts are involved in the process, they have a decisive impact on the outcome of litigation. Therefore, a principal focus of the book is on experts and how they are appointed, managed, and remunerated across Europe and the world.
The editors will discuss topical issues highlighting these ‘actors in the shadows’ and key experts will present their ideas based on the key findings of the book chapters, followed by discussion.
Registration for free here (hosted through Eventbrite)
Speakers & program:
10.00 Opening and welcome: Xandra Kramer
10.05 Alan Uzelac & Stefaan Voet – Heroes of the Judicial Periphery
10.15 Juraj Brozovic – The Case of Judicial Advisors in Croatia
10.30 Camilla Bernt – Expert Evidence in Custody Disputes and Child Protection Cases
10.50 Discussion
11.05 Michael Stürner – Experts on Foreign Law in German Civil Procedure
11.30 Adriani Dori & Xandra Kramer – The Role of Third-Party Funders in the Shadow of the Procedure
11.45 Discussion