Views
Using Foreign Choice-of-Law Clauses to Avoid U.S. Law
Can private actors utilize choice-of-law clauses selecting the laws of a foreign country to avoid laws enacted by the United States? In this post, I argue that the answer is a qualified yes. I first examine situations where the U.S. laws in question are not mandatory. I then consider scenarios where these laws are mandatory. Finally, the post looks at whether private parties may rely on foreign forum selection clauses and foreign choice-of-law clauses—operating in tandem—to avoid U.S. law altogether.
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Civil Personal Status Law Litigation in the UAE – Between Lofty Ideals and Sour Realities
I. Introduction
It is not uncommon for scholars to debate whether private international law is needed as a distinct discipline, and whether it is truly indispensable. After all, could one not save the effort and complexity of applying foreign law by simply treating all cases as purely domestic? From a theoretical standpoint, the answer is yes, since no State is under an inherent obligation to apply foreign law. Yet, such an approach entails serious shortcomings, particularly when it comes to respecting vested or acquired rights, meeting the legitimate expectations of the parties, and fostering cross-border commerce. It follows that the costs of refusing to recognize and apply foreign law are far greater than the difficulties associated with maintaining a system of private international law. It is therefore unsurprising that private international law has established itself as a common language for managing the legal diversity inherent in transnational relations. Read more
2025 New Chinese Arbitration Law: Improvements Made and To Be Further Made
(This post is written by Dr. Chen Zhi who is an Attorney at Zhiheng Law Firm Guangzhou Office, PRC).
I. Introduction
On September 12, 2025, the newly revised Arbitration Law (hereinafter New Arbitration Law) of the People’s Republic of China (hereinafter “PRC”) was adopted by the Standing Committee of the National People’s Congress (hereinafter as “SCNPC”) with the subsequent promulgation by the President of PRC, and will take effect on March 1, 2026. The New Arbitration Law features novelties such as the introduction of “arbitration seat”, limited liberalization of ad hoc arbitration, enshrining online arbitration, a higher threshold for eligibility of arbitrator, and a shorter duration for applying for annulment of arbitral award from six months to three months. Nonetheless, some articles of the New Law leave room for further discussion. This article combs through the history of revision, delves into the highlights and remaining gaps of the New Arbitration Law, and provides insights into its significance for the development of commercial arbitration in Mainland China from the perspective of an arbitration practitioner in Mainland China. Read more
News
AMEDIP’s upcoming webinar: The HCCH Work Agenda in 2026. Opportunities and Challenges for AMEDIP presented by Ignacio Goicoechea (30 April 2026 – in Spanish)
The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 30 April 2026 at 14:30 (Mexico City time – CST), 22:30 (CEST time). The topic of the webinar is: The HCCH Work Agenda in 2026. Opportunities and Challenges for AMEDIP, which will be presented by Ignacio Goicoechea, Representative of the HCCH Regional Office for Latin America and the Caribbean (ROLAC) (in Spanish). Read more
Launch ECJC ‘Civil Justice Conversations’ – Online Research Seminar Series
Contributed by Adriani Dori
Online Research Seminar Series: Call for expressions of interest
Submission Deadline: Rolling base
Open to: Scholars, practitioners, and early-career researchers
Contact details: ecjc@law.eur.nl
Following the publication of the handbook European Civil Procedure (De Gruyter 2026), the European Civil Justice Centre (ECJC) is pleased to announce a new initiative.
ECJC ‘Civil Justice Conversations’
The ECJC ‘Civil Justice Conversations’ is a new series of online research seminars designed to foster scholarly exchange and collaboration in the field of European civil justice.
Choice of Law Dataverse Launch — Online Event
The announcement below is kindly provided by Agatha Brandão de Oliveira (University of Lucerne, Switzerland)
After several years of intensive work, the Choice of Law Dataverse (CoLD) is ready to be shared with the wider community. The platform is an open-access resource gathering more than 17,000 data points — including legislation, court decisions, and other materials from 100 jurisdictions around the world. After collecting and processing this information, we have analyzed and systematized these choice-of-law rules into pedagogical country reports, now freely available for research, teaching, and practice. The project was recently awarded the Swiss National ORD Prize 2025.
We would be delighted to share this milestone with colleagues whose work continues to shape the field.