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The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa
I. The Apostille Convention
The HCCH has recently announced that “[o]n 9 July 2026, the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (1961 Apostille Convention) entered into force for the People’s Democratic Republic of Algeria following the deposit of its instrument of accession on 5 November 2025.” With Algeria’s accession, the 1961 Apostille Convention now has 130 Contracting Parties, making it by far the most successful of all HCCH Conventions in terms of global participation.
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.
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Virtual Workshop (in English) on September 8, 2026: Xandra Kramer on “Cross-Border Collective Litigation in Tech Cases: Is the European Framework up to the Challenge?”
On Tuesday, September 8, 2026, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST).
Xandra Kramer (Erasmus University Rotterdam & Utrecht University) will speak, in English, about the topic
“Cross-Border Collective Litigation in Tech Cases: Is the European Framework up to the Challenge?”
Collective actions have gained traction in Europe, boosted by the Representative Actions Directive and enabled by third-party litigation funding in several jurisdictions. These increasingly involve cases against multinational big tech companies operating in Europe. The current private international law framework, however, is not designed to address the challenges of these complex cases. The presentation will discuss how the European Court of Justice and Dutch courts have primarily handled questions of international jurisdiction and to what extent the existing legislative framework needs amendment.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
XIX ASADIP Conference – El Salvador, 20-23 October 2026
The Annual Conference of the American Association of Private International Law (ASADIP) will take place from 20 to 23 October 2026 in San Salvador (El Salvador). It is entitled the transformative spirit of Private International Law (“La vocación transformadora del Derecho Internacional Privado”).
The deadline to submit posters has been extended to 13 September 2026. Read more
Public consultation on jurisdiction rules and recognition and enforcement of judgments – Brussels Ia Regulation (review) is open
The European Commission has just opened a public consultation on the Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). A call for evidence is available here (which includes the three policy options being considered). Read more