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…
Continue ReadingDesperately 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…
Continue ReadingChinese 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…
Continue ReadingDoes 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…
Continue ReadingFurther 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…
Continue ReadingMissouri’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…
Continue ReadingChina’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,…
Continue ReadingHow to Criticize U.S. Extraterritorial Jurisdiction (Part II)
[This post is based on a lecture delivered at Wuhan University School of Law on October 15, 2023] There are better and worse ways to criticize U.S. extraterritorial jurisdiction. In yesterday’s post, I discussed some shortcomings of a February 2023 report by China’s Ministry of Foreign Affairs, “The U.S. Willful Practice of Long-arm Jurisdiction and…
Continue ReadingHow to Criticize U.S. Extraterritorial Jurisdiction (Part I)
[This post is based on a lecture delivered at Wuhan University School of Law on October 15, 2023] China has been critical of U.S. extraterritorial jurisdiction. In February, China’s Ministry of Foreign Affairs issued a report entitled “The U.S. Willful Practice of Long-arm Jurisdiction and its Perils.” In the report, the Ministry complained about U.S….
Continue ReadingOptionality in Choice of Law
Choice-of-law clauses are sometimes described as tools for reducing legal uncertainty. This characterization, while correct, is incomplete. In cases where the suit is brought in a jurisdiction other than the one named in the choice-of-law clause, it is sometimes more accurate to think of the clause as an option. Either litigant may, if it so…
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