Views
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.
Compensation, y nada más – CJEU decides against Real Madrid in Case C-633/22
Just two days after losing to LOSC Lille in the Champions League, Real Madrid suffered another defeat against a French opponent. Among the 44 (!) judgments published this Friday by the CJEU – a flurry of decisions reminiscent of the madness that is the current Champions League format –, the Court decided a true ‘clásico’ of European private international law in Case C-633/22 Real Madrid Club de Fútbol.
News
Where do Children Reside? Where they are “at Home”
The Supreme Court of Canada has released its reasons for dismissing the appeal (which it did orally on December 9, 2024) in Dunmore v Mehralian, 2025 SCC 20. The narrow issue was the meaning of “habitual residence” for a child in the statutory context of the Children’s Law Reform Act (Ontario). The SCC had earlier explained that a hybrid approach to the meaning of habitual residence is to be used under the Hague Convention: Office of the Children’s Lawyer v Balev, 2018 SCC 16. In the convention, there is no definition of habitual residence. In contrast, the CLRA does provide elements of a definition of habitual residence (in s 22) though it leaves “resides” undefined. This generated the issue: under the statute, does the same hybrid approach apply or is the definition different because of the statute?
AMEDIP’s upcoming webinar: WIPO Expedited Arbitration on 26 June 2025 (in Spanish)
The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 26 June 2025 at 14:30 (Mexico City time – CST), 22:30 (CEST time). The topic of the webinar is WIPO expedited arbitration: ADR and ODR in the era of technology disputes, videogames and e-sports and will be presented by Kiyoshi Tsuru and Óscar Suárez (WIPO) (in Spanish).
Public Review: New UN Economic Committee for Europe White Paper on Digital Product Passports & Critical Raw Materials for Batteries: Legal Conflicts and Principles for Cross-Border Cooperation
Legal fragmentation slows down the scaling up of the Critical Raw Materials-battery value chains to meet the demands of the green transition. Digital Product Passports (DPPs) should serve as an effective digital traceability tool for business compliance, rather than creating a green barrier.
UNECE and UN/CEFACT are proud to release our White Paper for public review, offering a deep dive into: