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Recording of Panel Discussion on Amendments to China’s Civil Procedure Law

Conflict of Laws

On December 30, 2022, the Chinese legislator, the Standing Committee of the National People’s Congress, published a draft of the Civil Procedure Law Amendment for public consultation. The Berkeley Center for Law and Technology organized a panel discussion on the draft.

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Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. 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. See the table below.

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EFFORTS Final Conference (University of Milan, 30 September 2022)

Conflict of Laws

Date: Friday, 30 September 2022. the Max Planck Institute Luxembourg for Procedural Law, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius. The interaction between the EFFORTS Regulations and national enforcement procedures. Registration is compulsory.

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Chinese Judicial Practice on Asymmetric Choice of Court Agreements in International Civil & Commercial Disputes

Conflict of Laws

Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. However, in 2022, the Supreme Peoples Court of PRC (hereinafter referred to as SPC) issued Summary of National Symposium on Foreign-Related Commercial and Maritime Trials of Courts (hereinafter referred to as the Summary).

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China’s Draft Law on Foreign State Immunity—Part II

Conflict of Laws

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. In December 2022, Chinese lawmakers published a draft law on foreign state immunity , an English translation of which is now available. These provisions generally follow the U.N. Convention.

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Limitation Period for Enforcement of Foreign Judgments: Australian Court Recognized and Enforced Chinese Judgment Again

Conflict of Laws

On 15 July 2022, the Supreme Court of New South Wales (“NSW”) recognized and enforced a Chinese judgment issued by the Shanghai Pudong New Area People’s Court 12 years ago in Tianjin Yingtong Materials Co Ltd v Young [2022] NSWSC 943. [1] Candidate, Institute of International Law, Wuhan University. [1] Written by Zilin Hao*.

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Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

Thus, in the Indonesian legal system, there is an interplay of civil law, which is inherited from the Dutch East Indies, adat (customary law), and Islamic law. It was especially fascinating to me to discover here that the Indonesian language is usually a legal requirement for drafting contracts involving Indonesians.