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The Development of forum non conveniens in the Chinese Law and Practice
by Arvin LUO Fuzhong, Doctoral Candidate at Tsinghua University, Visiting Research Associate at HKU, LL.M. (Cornell), Bachelor of Laws (ZUEL).*
The doctrine of forum non conveniens is an important principle in civil procedure laws and frequently applied by courts in many legal systems, especially those of common law countries. According to this principle, when courts exercise their discretionary power to determine whether to exercise jurisdiction over the factual circumstances of a case, they primarily consider issues of efficiency and fairness to find the most appropriate forum to settle the dispute. If the acceptance of a case would lead to inefficient outcomes and consequences that are contrary to justice, the court may refuse to exercise jurisdiction on the grounds that it is not the appropriate forum.
Unrealized by many international scholars and practitioners,[1] China has been adopting (formally or informally) the doctrine of forum non conveniens for more than 30 years, first through a few court judgments, then provided in judicial interpretations issued by the Supreme People’s Court of PRC (“SPC”), which is binding for all Chinese courts, and finalized in the 2024 Civil Procedure Law of PRC. This article introduces the history of Chinese law adopting the doctrine of forum non conveniens in the past years, and the development of China’s law revision in 2023. Read more
Moroccan Supreme Court Confirms Child Return Order to Switzerland under the HCCH 1980 Child Abduction Convention
I. Introduction
It is not uncommon for scholars examining the interplay between the HCCH 1980 Child Abduction Convention and the legal systems of countries based on or influenced by Islamic Sharia to raise concerns about the compatibility of the values underlying both systems. While such concerns are not entirely unfounded and merit careful consideration, actual court practice can present a very different reality.
Morocco’s engagement with the Hague Conventions, notably the HCCH 1980 Child Abduction Convention and the HCCH 1996 Child Protection Convention, provides a particularly illustrative example. As previously reported on this blog (see here, here and here), Moroccan courts have thus far demonstrated a clear willingness to engage constructively with the HCCH instruments, effectively dispelling – at least to a significant extent – concerns about the existence of a so-called “Islamic exceptionalism” as an obstacle to resolving parental child abduction cases. The case presented here provides yet another compelling example of how Moroccan courts interpret and apply the HCCH 1980 Child Abduction Convention in a manner consistent with Morocco’s international obligations. This is particularly noteworthy given the presence of elements often cited as indicative of “Islamic exceptionalism.” Read more
Brazil’s New Law on Forum Selection Clauses: Throwing the Baby out with the Bathwater?
This post was written by Luana Matoso, a PhD candidate and research associate at Max Planck Institute for Comparative and International Private Law in Hamburg, Germany.
Brazil has changed its law on international forum selection clauses. In June this year, a new statutory provision came into force, adding, unexpectedly, new requirements for their enforceability. In this attempt to redistribute domestic litigation, the Brazilian legislator may well have thrown out the baby, international forum selection clauses, with the bathwater.
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Defending Access to Justice: The Crucial Battle for the IJI
Published on behalf of the IJI, Den Haag
In the heart of The Hague, a critical institution of international legal knowledge faces an existential threat. The International Juridical Institute (IJI) (translated in English to mean the Hague Institute for Private International Law), a venerable organization with a century-long history of providing essential legal guidance, stands on the brink of liquidation due to declining government support.
Founded in 1918 at the iconic Peace Palace, the IJI emerged as a unique global resource. Born in the aftermath of World War I, the institute was conceived as a “gift to the world” noble vision supported by leading businessmen, ministers, and statesmen. The IJI has been a beacon of legal expertise for over a hundred years, offering free and cost-effective advice in the complex realm of private international law. The institute’s current predicament is a stark testament to the fragility of specialized legal resources. Successive government cuts, culminating in eliminating the social advocacy subsidy scheme in 2019, have systematically undermined the IJI’s financial stability. What makes this situation particularly alarming is not just the potential loss of an institution but the broader implications for access to justice.
The IJI is not merely an archive of legal knowledge; it is a critical resource for individuals navigating complex international legal challenges. Many of these cases involve vulnerable populations, including children, who rely on expert guidance to traverse intricate cross-border legal landscapes.
Ironically, the government’s cost-cutting measures may ultimately prove counterproductive. The reduction in funded legal aid is likely to generate more protracted and expensive legal proceedings, potentially negating any initial savings.
The IJI is making a final, humble appeal: a modest annual subsidy of €260,000 to continue its vital work. This relatively small investment could ensure another century of legal expertise and maintain critical access to justice for countless individuals.
How You Can Help
The legal community and concerned citizens have a unique opportunity to make a difference:
- Sign the Petition: Visit the IJI petition page and add your name to support the institute’s continued existence.If you would like to support this cause, we would like to add your signature to the grant application. You can click on the next link: https://petities.nl/petitions/behoud-de-toegang-tot-het-recht-voor-iedereen?locale=de. This leads you to a website where you can sign very easily by giving your name (on the field ‘naam’), email address (on the field ‘emailadres’) and domicile (on the field ‘woonplaats’). You could also tick the box if you want your name visible on the list, if not, you remain anonymous. Please note that after signing, you will receive an email in which you are asked to confirm your signature by clicking on the provided link. Only after confirming, the signature will be registered.
- Spread Awareness: Share the IJI’s story within your professional networks and social circles.
- Contribute Ideas: Of course, we are also open to other ideas that can ensure that our wonderful institute can experience a second 100-year term. If you would like to exchange thoughts with us about this, please do send us an email to info@iji.nl and we will get in touch.
The potential loss of the IJI represents more than the closure of an institution. It symbolizes a potential erosion of specialized legal knowledge, international cooperation, and accessible justice.
As members of the legal community, we have a responsibility to support institutions that serve the broader public good. The IJI’s century of service is a testament to the power of dedicated legal expertise in bridging complex international legal challenges.
Together, we can help ensure that this invaluable resource continues to serve global legal needs for generations to come.
Thank you very much for your support!
Virtual Workshop (in English) on April 1: Carlos Esplugues on “Take Domestic Law and Run? The Application of Foreign (Private? State?) Law in Times of Uncertainty”
On Tuesday, April 1, 2025, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Professor Carlos Esplugues (University of Valencia) will speak, in English, about the topic
“Take Domestic Law and Run? The Application of Foreign (Private? State?) Law in Times of Uncertainty”
The possible application of foreign law is one of the features of contemporary private international law, a discipline that is particularly sensitive to the social, political and economic environment in which it operates. However, the redefinition of the role of the State in modern societies, technological changes or the growing wave of intolerance and fear towards what comes from abroad in many parts of the world are creating a new environment that affects this question in a pluralistic way. Beyond the classical issue of the nature of the applicable law and its relationship to the process, questions are being raised about the viability of this possible applicability and the conditions under which it can be established.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
AMEDIP’s upcoming webinar: Circular Economy and Private International Law (27 March 2025 – In Spanish)
The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 27 March 2025 at 14:30 (Mexico City time – CST), 21:30 (CET time). The topic of the webinar is ‘Circular Economy and Private International Law’ and will be presented by Prof. Verónica Ruiz Abou-Nigm (in Spanish).