Two Recent Contributions – Conflict of Laws

Reciprocity within the subject of recognition and enforcement of international judgments has lengthy been a topic of passionate debate. Whereas some students query its desirability, others firmly defend it as a authentic authorized requirement. What stays plain is that the subject continues to spark intense dialogue and scholarly curiosity.

A transparent illustration of this ongoing debate is supplied by two latest publications addressing the difficulty from totally different views and jurisdictions.

The primary is an enlightening open-access article by Eszter PAPP and Nobumichi TERAMURA, titled “Implementing Singapore Judgments in Cambodia: Reciprocity Beneath the Loupe“. The paper explores the sensible and authorized challenges associated to the enforcement of Singaporean cash judgments in Cambodia, with a particular give attention to the requirement of reciprocity.

The summary reads as follows:

Summary:This text examines the feasibility of imposing Singapore cash judgments in Cambodia, specializing in the “assure of reciprocity” – an ambiguous but vital situation. It’s ambiguous as a result of Cambodian courts haven’t but interpreted it. It’s vital as a result of it’s perceived as the principle impediment to imposing international judgments. With out a treaty-based mutual enforcement mechanism between Cambodia and Singapore, it’s unclear whether or not a Singapore cash judgment could possibly be enforced in Cambodia or if a judgment creditor’s software can be dismissed in any occasion citing lack of reciprocity. Following an evaluation of the legal guidelines of Cambodia, Singapore, and Japan, the article concludes that there isn’t any authorized impediment earlier than the Cambodian courts to implement a Singapore cash judgment. The versatile interpretation of the assure of reciprocity outlined on this article would improve entry to justice, get rid of a commerce barrier, and make the funding atmosphere extra engaging in Cambodia.

The second is a case remark written on my own (in French) on a choice of the Tunisian Cour de cassation that addresses the reciprocity requirement within the context of the enforcement of international judgments, underneath the title “La réciprocité en matière d’exequatur?: Quoi de nouveau?? Observations sous l’arrêt de la Cour de cassation n° 6608 du 13 mars 2014” (Reciprocity within the Recognition of Overseas Judgments: What’s New? Commentary on Courtroom of Cassation Ruling No. 6608 of 13 March 2014)

The (English) summary reads as follows:

Summary:The enforcement of international judgments in Tunisia is ruled by Article 11 of the 1998 Code of Non-public Worldwide Regulation, which states that enforcement can’t be allowed if, inter alia, the reciprocity precept isn’t noticed. This case notice analyzes and critiques this challenge in gentle of the Tunisian Cour de cassation’s resolution No. 6608 of 13 March 2014. On this resolution, the Courtroom dominated that, within the absence of a world cooperation settlement, reciprocity is a factual matter, and its respect should be presumed. It’s due to this fact as much as the get together contesting this presumption to supply proof of its non-existence. This resolution gives a priceless clarification of the character and authorized framework of reciprocity underneath Tunisian regulation, notably relating to the burden of proof.

Collectively, these two contributions provide a concise but complete have a look at how the precept of reciprocity is interpreted and utilized in numerous authorized techniques.