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The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations
This note has been co-authored with Dr. Samuel Vuattoux-Bock, LL.M. (Kiel). It is based on a legal expert opinion for White and Case LLP, Frankfurt. A more comprehensive version – in German – is forthcoming in the Zeitschrift für Internationales Wirtschaftsrecht (IWRZ).
I. Introduction
International enforcement regarding the performance of actions that may be taken by others pursuant to Section 887 of the German Code of Civil Procedure (ZPO) raises complex questions within the Brussels Ibis Regulation. These issues concern the correct classification of such enforcement measures, the legal status of a third-party debtor in the context of the enforcement of monetary claims, and potential grounds for refusing enforcement that may arise with respect to international jurisdiction and any defects in service of process. Currently, French courts are seized of the question as to whether a German judgment—in which the German creditor of a Russian debtor was awarded an advance on costs pursuant to Section 887(2) ZPO—can be fully enforced in France by means of a garnishment order directed against a French third-party debtor.
“Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions
This post was written by Matthias Weller and Achim Czubaiko-Güntgen, both at the University of Bonn, Germany. Matthias is a Director of the Institute for German and International Civil Procedural Law. Achim is a PhD Student there who works on the HCCH Conventions on judicial cooperation in civil and commercial matters.
Recently, the Hague Conference on Private International Law (HCCH) published the responses to the public consultation issued in November 2025 (all available on hcch.net here). Whilst each of the 72 reports is valuable in its own right, when viewed collectively they also provide an insight in the general perception of the HCCH’s Jurisdiction Project, as it is currently standing. We would like to take this opportunity to highlight certain aspects that are widely agreed upon, as well as others that still remain subject to further debate.
News
Conference: Conflict of Laws in International Arbitration (Vienna, 30 Nov & 1 Dec)
This announcement has kindly been provided by Matthias Lehmann and Lukas Petschning (University of Vienna).
On 30 November and 1 December 2026, the University of Vienna (Section for Comparative, Uniform and Private International Law) will host a conference entitled „Conflict of Laws in International Arbitration“.
Call for Papers: Third Conflict of Laws Annual Workshop (CLAW3)
This announcement has kindly been shared with us by Roger Michalski (University of Oklahoma).
We are excited to announce that the Third Conflict of Laws Annual Workshop (CLAW3) will be hosted by the University of Pennsylvania Carey Law School on Friday, November 13, 2026 with a welcome dinner the night before. The CLAW aims to provide a forum to discuss new work in conflict of laws. The CLAW welcomes work on all aspects of conflict of laws, including civil, criminal, domestic and transnational conflict of laws. We welcome all those writing and working in the field of conflict of laws to attend.
Keio University Law School Book Series Seminar: Hart’s Studies in Private International Law – Asia (25 September 2026, 3–4PM)
Keio University Law School in Tokyo (KLS) will be hosting a seminar entitled “Keio University Law School Book Series Seminar: Hart’s Studies in Private International Law – Asia” at Room 2B12 in South Building, Keio University Mita Campus, on Friday, 25 September 2026, from 3 to 4pm.
As the readers of ConflictofLaws.net are well aware, Studies in Private International Law – Asia is a forum for discussion and analysis of private international law issues in Asian jurisdictions, which is published under Hart’s celebrated series Studies in Private International Law. This seminar aims to provide an overview of the book series to the audience. Legal practitioners, government officials, academics and students who are interested in Asian law, private international law (broadly defined) and/or law and development are welcome to join.
The seminar will be followed by a networking tea, during which interested participants may explore future publication opportunities in the Studies in Private International Law – Asia series and other Hart Publishing outlets with Justice Anselmo Reyes (General Editor of Studies in Private International Law – Asia and International Judge at Singapore International Commercial Court) and Dr Roberta Bassi (Publisher at Hart Publishing).
There is no registration fee for this event, but registration is required for catering purposes. Visit here to register.
Programme
| 3.00pm | Opening remarks by Professor Hiroshi MATSUO (Vice Dean and Director of Global LLM Program at Keio University Law School) |
| 3.10pm | Book series introduction by Justice Anselmo Reyes and
Dr Roberta Bassi |
| 3.30pm | Experience sharing by Dr Nobumichi TERAMURA (Associate Professor at Keio University Law School) |
| 3.40pm | Q&A |
| 4pm | End of the seminar and networking tea |
