Views
The Bahraini Supreme Court on Choice of Court Agreements, Bases of Jurisdiction and… Forum non Conveniens!
I. Introduction:
In a previous post on this blog, I reported a decision rendered by the Bahrain High Court in which the court refused to enforce a choice of court agreement in favour of English courts. The refusal was based on the grounds that the case was brought against a Bahraini defendant and that rules of international jurisdiction are mandatory. The Bahraini Supreme Court’s decision reported here is a subsequent development on the same case. The ruling is significant for many reasons. In a methodical manner, the Supreme Court identified the foundational justifications for the jurisdictional rules applied in Bahrain. Moreover, it clarified the role and effect of choice of court agreements, particularly their derogative effect. Finally, and somehow surprisingly, the Court supported its position by invoking to “the doctrine of forum non conveniens”, explicitly mentioned in its decision. Read more
“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).
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.