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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.

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There and Back Again? – The unexpected journey of EU-UK Judicial Cooperation finally leads to The Hague

Conflict of Laws

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0

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

Conflict of Laws

9] While the statute of limitations for enforcement is a two-year period for creditors to apply to the court for execution based on a successful and legal effective document, which is provided in Civil Procedural Law of China and deemed as a procedure issue. Candidate, Institute of International Law, Wuhan University. [1]

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2023: Abstracts

Conflict of Laws

Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. The new law contains 49 arbitration-related provisions and replaces the Law No. Pursuant to Art.

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China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

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 ). These provisions track Articles 7-9 of the U.N.

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Conflict of Laws - Untitled Article

Conflict of Laws

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023.

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China’s New Foreign State Immunity Law: Some Foreign Relations Aspects

Conflict of Laws

According to Article 1 of the law, the FSIL aims to “to protect the lawful rights and interests of litigants, to safeguard the equality of state sovereignty, and to promote friendly exchanges with foreign countries.” Hong Kong and Macau are part of the People’s Republic of China, but they have separate legal systems.

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