China

Reciprocity and the Hague Judgments Convention

In a prior post, I reported on recent developments that offer a basis for (cautious) optimism that the United States may soon take the necessary steps to ratify the Hague Judgments Convention (HJC). In this post, I explore how the issue of reciprocity might affect the ratification process. Reciprocity Reciprocity refers to the mutual recognition…

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Fourth Circuit Rejects Forum Non Conveniens Defense to Enforcing Arbitral Award

The New York Convention governs the recognition and enforcement of most foreign arbitral awards in the United States. Article V of the Convention sets forth limited grounds on which enforcement may be refused. But Article III makes the enforcement of foreign arbitral awards subject to “the rules of procedure of the territory where the award…

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Applying China’s Personal Information Protection Law to U.S. Discovery Requests

On August 20, 2021, the Standing Committee of the National People’s Congress promulgated China’s Personal Information Protection Law (PIPL), which became effective from November 1, 2021. Chapter 1 of the PIPL contains general rules, Chapter 2 outlines rules for handling personal information, and Chapter 3 addresses cross-border transfer of personal information. Chapters 4, 5, and…

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Desperately Seeking Interlocutory Appeal

Despite some excellent opinions correctly interpreting the Hague Service Convention (HSC) and Rule 4(f)(3) in recent years, the district courts continue to be deeply divided on recurring questions of international service of process, in particular the permissibility of service by email or by other electronic means. Bill Dodge and I think such questions are clearly…

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Chinese Judgments and Due Process: Another New York Decision

In the United States, the recognition and enforcement of foreign judgments are generally governed by state law. Thirty-eight states and the District of Columbia have adopted either the 1962 Uniform Foreign Money Judgments Recognition Act or the updated 2005 Uniform Foreign Country Money Judgments Recognition Act. (In the remaining twelve states, common law governs.) Both…

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Does the CISG Apply to Parties Based in Taiwan?

The complexity of Taiwan’s status under public international law may help to explain why there has been close to no discussion of its status under the Convention on Contracts for the International Sale of Goods (CISG). This absence of discussion is surprising given Taiwan’s importance in international trade: Taiwan is among the ten leading trade…

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Further Thoughts About Missouri’s COVID Suit Against China

As previously discussed at TLB, the Eighth Circuit recently held that the Foreign Sovereign Immunities Act (FSIA) does not shield the People’s Republic of China from suit on one of the claims that Missouri has brought against it arising from the COVID-19 pandemic. Specifically, the court of appeals held that Missouri could move forward with…

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Missouri’s COVID Suit Against China Revived

The Eighth Circuit has breathed life back into Missouri’s attempts to hold the People’s Republic of China (PRC) responsible in U.S. court for the COVID-19 pandemic. Missouri filed this claim in April 2020 and, as Chimène Keitner outlined at the time, the case is rife with Foreign Sovereign Immunities Act (FSIA) issues. This latest decision…

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

On September 1, 2023, the Standing Committee of China’s National People’s Congress (NPC Standing Committee) passed the Law of the People’s Republic of China on Foreign State Immunity (FSIL) (English translation here). The FSIL will enter into force on January 1, 2024. This law heralds a fundamental shift of China’s attitude towards foreign state immunity,…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Robert Kry

MoloLamken LLP
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Luana Matoso

Max Planck Institute for Comparative and International Private Law
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Curtis A. Bradley

University of Chicago Law School
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Pamela K. Bookman

Fordham University School of Law
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Matthew Salavitch

Fordham Law School
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Hannah Buxbaum

Indiana University Maurer School of Law
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Paul B. Stephan

University of Virginia School of Law
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Noah Buyon

Duke University School of Law
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Naman Karl-Thomas Habtom

University of Cambridge
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