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French Cour de cassation rules (again) on duty of domestic courts to apply European rules of conflict on their own motion
In the Airmeex case (Civ. 1re 27 septembre 2023, n°22-15.146, available here), the French Cour de cassation (première chambre civile) had the opportunity to rule on the duty of domestic courts to apply European rules of conflict on their own motion. The decision is a great opportunity to discuss the French approach to the authority of conflict-of-laws rules.Postmodernism in Singapore private international law: foreign judgments in the common law
Guest post by Professor Yeo Tiong Min, SC (honoris causa), Yong Pung How Chair Professor of Law, Yong Pung How School of Law, Singapore Management University
Merck Sharp & Dohme Corp (formerly known as Merck & Co, Inc) v Merck KGaA (formerly known as E Merck) [2021] 1 SLR 1102, [2021] SGCA 14 (“Merck”), noted previously, is a landmark case in Singapore private international law, being a decision of a full bench of the Court of Appeal setting out for the first time in Singapore law the limits of transnational issue estoppel. It was also the beginning of the deconstruction of the common law on the legal effect to be given to foreign judgments. Without ruling on the issue, the court was not convinced by the obligation theory as the rationale for the recognition of foreign in personam judgments under the common law, preferring instead to rest the law on the rationales of transnational comity and reciprocal respect among courts of independent jurisdictions. There was no occasion to depart from the traditional rules of recognition of in personam judgments in that case, and the court did not do so. However, the shift in the rationale suggested that changes could be forthcoming. While this sort of underlying movements have generally led to more expansive recognition of foreign judgments (eg, in Canada’s recognition of foreign judgments from courts with real and substantial connection to the underlying dispute), the indications in the case appeared to signal a restrictive direction, with the contemplation of a possible reciprocity requirement as a necessary condition for recognition of a foreign judgment, and a possible defence where the foreign court had made an error of Singapore domestic law.
Amendment of Chinese Civil Procedure Law Concerning Foreign Affairs
by Du Tao*/Xie Keshi
On September 1, 2023, the fifth session of the Standing Committee of the 14th National People’s Congress deliberated and adopted the Decision of the Standing Committee of the National People’s Congress on Amending the Civil Procedure Law of the People’s Republic of China, which will come into force on January 1, 2024. This amendment to the Civil Litigation Law implements the Party Central Committee’s decision and deployment on coordinating domestic rule of law and foreign-related rule of law, strengthening foreign-related rule of law construction, and among the 26 amendments involved, the fourth part of the Special Provisions on Foreign-related civil Procedure is exclusive to 19, which is the first substantive amendment to the foreign-related civil procedure since 1991.
News
Doctoral Conference on Law – Abstract Submissions Open for RIDOC 2025
The Faculty of Law at the University of Rijeka has announced the upcoming edition of RIDOC: Rijeka Doctoral Conference, which will take place on Friday, 12 December 2025 in Rijeka, Croatia.
RIDOC is an international academic conference designed for doctoral students in law and related disciplines. It offers a unique platform for early-career researchers to present, test and discuss their research ideas in front of an expert academic audience and fellow PhD candidates from across Europe and beyond.
Key Information:
Conference date: 12 December 2025
Location: Faculty of Law, University of Rijeka (Croatia)
Abstract deadline: 20 October 2025
Submission email: ridoc@pravri.uniri.hr
More information on the web
Contributions from all areas of legal research are welcome, including private international law and related areas. The language of the conference is English.
Report on the 2025 Journal of Equity Conference – Equity, Trusts and Private International Law
On 21 August 2025, the UNSW School of Private and Commercial Law, the Journal of Equity and Allens jointly hosted the 2025 Journal of Equity Conference. This year’s one-day Conference focused on important questions at the intersection of equity, trusts and private international law. It featured four papers delivered by judges and scholars, each of which was followed by ample time for insightful questions and discussion among over 30 judges, lawyers and scholars attending the office of Allens in (rainy) Sydney.
New Editor
We are delighted to announce another addition to our Editorial Board: Elsabe Schoeman.
Elsabe has long been one of the leading scholars of private international law in South Africa, having authored countless publications in the areas of jurisdiction in cross-border commercial litigation and choice of law in contract, delict/tort and selected areas of family law, with a recent focus on access to justice for victims of human rights infringements and environmental torts. She has also advised a variety of law commissions and private law firms on these topics.
Elsabe has just left the office of Dean of the Faculty of Law at the University of Pretoria and will be focusing her work for the blog on legal developments in South Africa.