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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
Singapore Money Order Recognized and Enforced in China
The following post is reproduced from a recent update by the Asian Business Law Institute (ABLI).
Many thanks to Catherine Shen for sharing the information.
In a judgment (2023) Hu 01 Xie Wai Ren No. 28 dated January 8, 2025, the Shanghai International Commercial Court (Shanghai Court) recognized and enforced an order given by the General Division of the Singapore High Court after finding reciprocity between China and Singapore in the recognition and enforcement of each other’s civil and commercial judgments. Read more
The Conflicts Vineyard: In the Footsteps of Symeonides
It is a real pleasure to share a new essay by Professor Symeon C. Symeonides, written on the occasion of his retirement after fifty remarkable years in the field of conflict of laws. The essay, eloquently titled Reflections from Fifty Years in the Conflicts Vineyard, was presented as part of a symposium held in his honor in May 2024 at Willamette University College of Law, and sponsored by the AALS Section on Conflict of Laws. Read more
CoL.net Virtual Roundtable on the Commission’s Brussels Ia Report
In light of the Commission’s report on the Brussels Ia Regulation (first discussed here by Xandra Kramer), ConflictofLaws.net will be hosting an ad-hoc virtual roundtable
on Tuesday, 8 July 2025, 12pm–1.30pm (CEST).
The conversation will focus on the report published by the Commission on 2 June and its implications for a possible future reform of the Regulation.
The event will feature the following panellists:
Andrew Dickinson
University of Oxford
Stefano Dominelli
University of Genoa
Pietro Franzina
Catholic University of the Sacred Heart, Milan
Thalia Kruger
University of Antwerp
Tobias Lutzi
University of Augsburg
Everyone interested is warmly invited to join via this Zoom link.