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Civil Personal Status Law in the UAE and the Paradox of the Application of Foreign Law: A Legal Trap?
I. Introduction (*)
(*) For the sake of simplicity, reference will be made only to Federal Decree-Law No. 41/2022 of 2 October 2022 on Civil Personal Status. The Emirate of Abu Dhabi has enacted a separate law that addresses similar matters at the local level. For a comparison of the various applicable legal frameworks in family law in the UAE, see Béligh Elbalti, “The Personal Status Regimes in the UAE — What’s New and What Are the Implications for Private International Law? A Brief Critical Appraisal”.
There is no doubt that the introduction of the Civil Personal Status Law (CPSL) in the United Arab Emirates marks a significant turning point in the region’s legal landscape, particularly in areas traditionally governed by religious norms. The CPSL refers to the special law adopted at the federal level, which allows family law disputes involving non-Muslims (both foreigners and UAE citizens) to be resolved under a legal framework, that is intended to be modern, flexible, based on “rules of justice and fairness” and “the best international practices from comparative legal systems” (cf. article 19 of the Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status). However, the incorporation of the CPSL into the existing legal frameworks in the UAE has raised several issues. These include, among others, the articulation of the CPSL with the other applicable legal frameworks, and more importantly, the extent to which parties may opt out of this “modern” regime in favor of applying their own national laws (for a general overview, see Elbalti, op. cit.). Read more
Report on the ABLI/HCCH 4th Joint Webinar on “Cross-Border Commercial Dispute Resolution – Electronic Service of Documents and Remote Taking of Evidence“
by Achim Czubaiko-Güntgen, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn.
With the fourth instalment in their ongoing webinar series on “Cross-Border Commercial Dispute Resolution”, the Asian Business Law Institute (ABLI) and the Hague Conference on Private International Law (HCCH) returned to the topic of “Electronic Service of Documents and Remote Taking of Evidence”. Contrary to the first webinar in 2021, this session focussed not solely on the HCCH 1970 Evidence but equally on the HCCH 1965 Service Convention. Having finally overcome the immediate constraints of the Covid-19 pandemic, this time the renowned speakers were able to elaborate more on the long-term development and visions in the practice of the two legal instruments with regard to their respective areas of law.
The Nigerian Court of Appeal Upholds South African Choice of Court and Choice of Law Agreement
Case Citation:
Sqimnga (Nig.) Ltd v. Systems Applications Products (Nig.) Ltd [2025] 2 NWLR 423 (Court of Appeal, Lagos Division, Nigeria)
The dispute in this case arose between two Nigerian companies, Sqimnga Nigeria Ltd (the appellant) and Systems Applications Products Nigeria Ltd (the respondent). Both parties had entered into a Master Service Agreement in Nigeria, relating specifically to software solutions. A critical provision of this agreement stipulated that the laws of South Africa would govern any disputes, and further, that South African courts would possess exclusive jurisdiction to hear any matters arising from the agreement.
When a disagreement emerged between the parties, Sqimnga Nigeria Ltd initiated legal proceedings at the Lagos State High Court. The respondent immediately contested the jurisdiction of the Nigerian court, relying on the contractual clause mandating the use of South African law and courts. Read more
News
Inaugural event European Civil Justice Centre
In 2025, the European Civil Justice Centre (ECJC) was established at Erasmus School of Law in Rotterdam. This Centre was set up to facilitate the collaboration of scholars and other stakeholders across Europe and beyond in conducting research and related activities with a view to promoting access to justice. The Centre consolidates extensive work spearheaded by Erasmus School of Law civil justice scholars over the past fifteen years (see www.euciviljustice.eu), benefits in particular from support by the KU Leuven, and builds on collaborations with academics, practitioners and policy-makers around the globe. Read more
Crossroads in Private International Law Webinar with on ‘The Digital Afterlife: Digital succession and private international law’ at the University of Aberdeen
The Centre for Private International Law & Transnational Governance of the University of Aberdeen is continuing its Crossroads in Private International Law webinar series with a talk by Kirsten Henckel (Groningen University) titled ‘The Digital Afterlife: Digital succession and private international law’:
Over the past two decades, our daily lives have become ever more digital. This digitization has fundamentally reshaped the nature of property and inheritance. Digital assets ranging from social media accounts, emails and cloud-based archives to cryptocurrencies, NFTs and digital subscriptions now form an integral part of modern estates. These assets frequently lack clear legal classification and existing laws, largely designed for tangible property, struggle to accommodate their unique characteristics.
This webinar examines the emerging field of digital succession through the lens of private international law, highlighting issues that arise when digital estates span multiple jurisdictions. Key issues include determining jurisdiction and applicable law as well as enforcing rights across borders.
Additional information and the link to register can be found here.
Rivista di diritto internazionale privato e processuale (RDIPP) No 3/2025: Abstracts
The third issue of 2025 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) will be released shortly. It features:
Cristina Campiglio, Professor at the University of Pavia, Cittadinanza iure sanguinis e nazionalità: riflessioni internazionalprivatistiche [Citizenship by Birthright and Nationality: Private International Law Reflections; in Italian] Read more