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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
Silence Is Not Submission: Chinese Court Refuses to Enforce U.S. Default Judgment Rendered in Breach of Arbitration Agreement
Written by Dr. Meng Yu, lecturer at China University of Political Science and Law, and co-founder of China Justice Observer.
ABSTRACT
In around 2019, a Chinese court in Hebei Province refused to enforce a US default monetary judgment from a California court on the grounds that a valid arbitration agreement was in place (Sunvalley Solar Inc. v Baoding Tianwei Solarfilms Co. Ltd. (2019) Ji 01 Xie Wai Ren No. 3). This decision underscored the court’s reliance on the arbitration agreement’s validity, even though a subsequent legislative proposal to include arbitration agreements as an indirect jurisdictional filter in China’s Civil Procedure Law (2023 Amendment) was ultimately not adopted.
News
Private International Law and Sustainable Development in Africa
Editors:
Dr Chukwuma Okoli, Dr Eghosa O. Ekhator, Professor Veronica Ruiz Abou-Nigm, Professor Ralf Michaels, Hans van Loon
Originally sourced from Max Planck Institute for Comparative and International Private Law post on 22 July 2025, with slight amedments.
Recall, on 14 October 2024, we invited submissions to The Journal of Sustainable Development and Policy for a special issue focusing on “Private International Law and Sustainable Development in Africa.”
Make today matter! Under this motto, legal scholars from all over the world gathered at the University of Pretoria on July 8, 2025 to take part in the conference “Sustainable Development and Transnational Law in Africa”. The event was jointly organized by the Law Schools Global League and Max Planck Institute for Comparative and International Private Law with a view to fostering academic exchange across continents on today’s most pressing challenges.
“It was fantastic to see the breadth and depth of work done in and on Africa within the new field of sustainable development and private international law. Thanks are due also to our co-organizers at the Law Schools Global League ant the University of Pretoria; it is so important to hold conferences like this one outside of Europe,” says Max Planck Institute’s Director Ralf Michaels.
The conference program consisted of four panel discussions (for a report, see ? here). The last two panels brought together five of the participants in a current project titled “Private International Law and Sustainable Development in Africa”**:
Solomon Okorley (University of Johannesburg) spoke about International Child Abduction Jurisprudence in South Africa; Grihobou Roland Nombré (Thomas SANKARA University School of Law) discussed the implications of the rise of Nuclear Energy in Africa for Private International Law; Michael K. Quartey (University of Johannesburg) and Theophilus Edwin Coleman (University at Buffalo School of Law & University of Johannesburg) addressed Product Liability Disputes in Ghana from the perspective of sustainable development, and Panji Chirwa (University of Pretoria) looked at the Impact of the EU Directive 2024/1760 on African Sustainability Frameworks.
** The project “Private International Law and Sustainable Development in Africa” forms the African component of the broader initiative “The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law” (see ? here), led globally by Ralf Michaels (Max Planck Institute), Hans Van Loon (previously Secretary General of the Hague Conference on Private International), and Veronica Ruiz Abou-Nigm (University of Edinburgh). The African initiative is spearheaded by Chukwuma Samuel Adesina Okoli (University of Birmingham), in partnership with Eghosa Ekhator (University of Derby) and the Journal of Sustainable Development Law and Policy (Afe Babalola University, Nigeria), and works closely with the global project leaders.
Publication of the fifth editions of the Practical Handbooks on the Operation of the 1965 Service and 1970 Evidence Conventions
The Permanent Bureau of the HCCH is pleased to announce that the fifth editions of the Practical Handbooks on the Operation of the 1965 Service and 1970 Evidence Conventions are now available for purchase in both paper and e-book format.
The 1965 Service and 1970 Evidence Conventions establish uniform frameworks of cooperation mechanisms to streamline, respectively, the transmission of documents for service abroad and the taking of evidence abroad. The Service and Evidence Handbooks are intended to assist users of the Conventions, including Central Authorities, government officials, courts, counsel and legal practitioners, by providing practical guidance on their implementation and operation.
The Practical Handbook on the 1965 Service Convention is designed first and foremost to assist users with the operation of the main and alternative channels of transmission and the provisions regarding adequate protection of the defendant. As for the Practical Handbook on the 1970 Evidence Convention, it is designed to assist users with the operation of the two systems of taking evidence that are provided by the Convention, namely (1) Letters of Request and (2) Consuls and Commissioners. The Practical Handbooks also explain how information technology is and may be used to further enhance the operation of the Conventions, including by incorporating, for the 1970 Evidence Convention, relevant information from the HCCH Guide to Good Practice on the Use of Video-Link.
Incorporating recent developments, court decisions, and practical examples provided by experts from around the world, as well as updates from the meeting of the Special Commission held in July 2024, the fifth editions of the Handbooks are essential resources for anyone involved in the implementation and operation of the 1965 Service and 1970 Evidence Conventions.
More information on how to purchase hard copies and/or e-book copies is available on the Publications section of the HCCH website (for the general public). Specific instructions for HCCH National and Contact Organs and Member Central Authorities designated under the Service and Evidence Conventions are also provided on the Publications section of the HCCH website.
This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).
Extended Deadline – Call for Papers: “Tariffs: Emerging challenges in global trade” by the Journal of Law, Market & Innovation (JMLI)
We have recently shared the call for papers by the Journal of Law, Market & Innovation (JLMI) for its first issue of 2026. The deadline has now been moved to 20 July 2025.
For further information, we are again referring to the editors who can be reached at editors.jlmi@iuse.it.