The area of recognition and enforcement of judgments in civil and commercial matters
aims to provide an efficient and safe system for the circulation of foreign judgments: it aims
to enhance predictability and justice in cross
-
border legal relations in civil and commercial
matters, reducing the risks and costs associated with dispute resolution. As such, this area of the law is of paramount importance in the establishment of trade relations.
The People
’
s Republic of China
-
EU bilateral trade totaled $337.99 billion in the first half of
this year, growing 4.9 percent year
-
on
-
year. In 2018, the value of the People
’
s Republic of
China
’
s cross
-
border e
-
commerce trade in goods was around 134.7 billion RMB, of which
78.58 billion RMB was from import. Currently, Chinese cross
-
border e
-
commerce is
growing at an estimated annual rate of 20
-
30%. With this in mind, this course aims to
provide students with a thorough understanding of the law on recognition and
enforcement of judgments in the European Union, including the Brussels I
-
bis Regulation
and the 2007 Lugano Convention; it then discusses the impact that the adoption of the
2005 Hague Convention on Choice of Court Agreements (currently in force between 32
jurisdictions, including the European Union and signed by the People
’
s Republic of China)
might have on the global setting, also in light of the progressive expansion of international
commercial courts; it also considers the potential impact of the 2019 Hague Convention on
the Recognition and Enforcement of Judgments in Civil or Commercial Matters adopted on
2 July 2019. The course will be taught from the perspective of a practitioner from the
People
’
s Republic of China who wishes to explore and use for the benefit of his/her clients
the recognition and enforcement regime in Europe.