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“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground
Written by Jidong Lin, Wuhan University Institute of International Law
- Background
China’s newly amended Civil Procedure Law (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes. Among the most notable is the incorporation of “other appropriate connections” as a jurisdiction ground. Article 276 of the CPL 2024 addresses the jurisdiction of Chinese courts over foreign-related disputes where the defendant lacks domicile in China. Paragraph 1 of Article 276 lists six jurisdiction grounds, including the place of contract formation, place of contract performance, place of the subject matter, place of distrainable property, place of tort, and place of representative offices. As a supplement, Paragraph 2 provides that “notwithstanding the preceding paragraph, foreign-related civil disputes that have other appropriate connections with the People’s Republic of China may fall under the jurisdiction of the People’s Courts.” The term “other appropriate connections” represents a legal innovation not only within Chinese legislation but also on a global scale. Currently, there is no official interpretation or guidance on its precise meaning, making it essential to analyze and evaluate this jurisdiction ground and its potential implications for jurisdictional practices. Read more
The Moroccan Supreme Court on the Authenticity of an Apostillised Certificate of Conversion to Islam
I. Introduction
As mentioned in a previous post, Morocco is not only the MENA Arab jurisdiction that has ratified the largest number of the HCCH Conventions (7 in total), but also a country where the HCCH conventions have been actively applied (see here on the application of the HCCH 1980 Child Abduction Convention, and here for a case involving the application of the HCCH 1996 Child Protection Convention). The application of the HCCH Conventions in Morocco offers valuable insights into how these HCCH instruments operate within an Islamic context, challenging the widely held assumption of the existence of an Islamic exceptionalism (though such exceptionalism does exist, but to a varying degree across the Muslim-majority countries. See e.g. Béligh Elbalti, “The Recognition and Enforcement of Foreign Filiation Judgments in Arab Countries” in Nadjma Yassari et al. (ed.), Filiation and the Protection of Parentless Children (T.M.C. Asser Press, 2019), 373-402).
An anti-suit injunction in support of an arbitration agreement in light of the EU Sanction against Russia
By Poomintr Sooksripaisarnkit, Lecturer in Maritime Law, Australian Maritime College, College of Sciences and Engineering, University of Tasmania
On 24th September 2024, Mimmie Chan J handed down the judgment of the Court of First Instance of the High Court of the Hong Kong Special Administrative Region in Bank A v Bank B [2024] HKCFI 2529. In this case, the Plaintiff (Bank A) with its base of operation in Germany was under the supervision of the German Federal Financial Supervisory Authority (BaFin). Its majority shareholder was the Defendant (Bank B) who held 99.39% shares. In turn, the Defendant was a Russian bank whose majority shareholder was the Government of the Russian Federation.
News
HCCH about to establish Regional Office for Africa (ROAF)
As was mentioned before on this blog, increasing the participation of African states in the HCCH appears to be the most promising avenue to strengthen judicial cooperation on the African continent in the context of intracontinental, interregional as well as global judicial integration. Following several unsuccessful attempts to establish a physical presence on the African continent,[1] the HCCH Council on General Affairs and Policy (CGAP) has now warmly welcomed the Kingdom of Morocco’s proposal to host and, perhaps most importantly, entirely fund a HCCH Regional Office for Africa (ROAF) in Rabat.[2] Read more
Out Now: The Latest Issue of the Japanese Yearbook of International Law (Vol. 67, 2024)
The Japanese Yearbook of International Law (JYIL) is a leading reference publication that provides in-depth analysis and commentary on developments in international law from a Japanese perspective.
Published by the International Law Association of Japan since 1957 (originally as the Annual Yearbook of Private International Law until 2007), the JYIL covers a broad spectrum of topics, from public and private international law to comparative law, bringing together insights from top scholars and legal experts in Japan and beyond.
Each issue dives into key legal cases, legislative updates, and emerging trends, making it a must-read for researchers, academics, and professionals looking to stay in the loop on Japan’s legal landscape.
On that note, the latest volume of the JYIL (Vol. 67, 2024) has recently been released. Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law.
New Titles on Conflict of Laws in the Latest Issue of the Osaka University Law Review
The OSAKA UNIVERSITY LAW REVIEW (OULR) is a prestigious international academic journal on law and politics with a rich history. Published annually by the Graduate School of Law and Politics at Osaka University since 1952, the OULR offers a valuable platform for discussing and sharing information on Japanese law and politics, all presented in English and other foreign languages including French and German from a comparative law perspective.
The OULR’s ultimate goal is to foster debate and facilitate the exchange of ideas between Japanese and international scholars, while promoting and disseminating original research in the fields of Japanese law and politics and other related areas.
That said, the latest volume (No. 72) features some papers that might be of interest to the readers of this blog, as well as researchers and practitioners of private international law. These papers highlight important legal developments in China, particularly in the areas of international civil procedure and sovereign immunity.