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China’s New Civil Procedure Law and the Hague Choice of Court Convention: One Step Forward, Two Steps Back?
By Sophia Tang, Wuhan University
China’s New Civil Procedure Law adopted in 2023 and taking effect from 1 Jan 2024 introduces significant changes to the previous civil procedure law regarding cross-border litigation. One of the key changes pertains to choice of court agreements. In the past, Chinese law on choice of court agreements has been criticized for being outdated and inconsistent with international common practice, particularly because it requires choice of court clauses to be in writing and mandates that the chosen court must have “practical connections” with the dispute. After China signed the Hague Choice of Court Convention, there was hope that China might reform its domestic law to align with the Hague Convention’s terms and eventually ratify the Convention.
The New Civil Procedure Law retains the old provision on choice of court agreements, stating that parties can choose a court with practical connections to the dispute in writing (Article 35). This provision is included in the chapter dealing with jurisdiction in domestic cases, but traditionally, Chinese courts have applied the same requirements to choice of court clauses in cross-border cases.
The problematic exclusivity of the UPC on provisional measures in relation with PMAC arbitrations
Guest post by Danilo Ruggero Di Bella (Bottega Di Bella)
This post delves into the issues stemming from the exclusive jurisdiction of the Unified Patent Court (UPC) on interim relief in relation with the judicial support of the arbitrations administered by the Patent Mediation and Arbitration Centre (PMAC).
Risks of divesting State courts of competence on interim measures
On one hand, article 32(1)(c) UPC Agreement (UPCA) provides for the exclusive jurisdiction of the UPC to issue provisional measures in disputes concerning classical European patents and European patents with unitary effect. Under article 62 UPCA and Rules 206 and 211 of the UPC Rules of Procedure (UPC RoP), the UPC may grant interim injunctions against an alleged infringer or against an intermediary whose services are used by the alleged infringer, intended to prevent any imminent infringement, to prohibit the continuation of the alleged infringement under the threat of recurring penalties, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the patent holder. The UPC may also order the provisional seizure or delivery up of the products suspected of infringing a patent so as to prevent their entry into, or movement, within the channels of commerce. Further, the UPC may order a precautionary seizure of the movable and immovable property of the defendant (such its bank accounts), if an applicant demonstrates circumstances likely to endanger the recovery of damages, as well as an interim award of costs. Additionally, under article 60 UPCA, the UPC may order provisional measures to preserve evidence in respect of the alleged infringement and to inspect premises.
A Plea for Private International Law
A new paper by Michael Green, A Plea for Private International Law (Conflict of Laws), was recently published as an Essay in the Notre Dame Law Review Reflection. Michael argues that although private international law is increasingly important in our interconnected world, it has fallen out of favor at top U.S. law schools. To quote from the Essay:
Private international law has not lost its jurisprudential import. And ease of travel, communication, and trade have only increased in the last century. But in American law schools (although not abroad), private international law has started dropping out of the curriculum, with the trend accelerating in the last five years or so. We have gone through US News and World Report’s fifty top-ranked law schools and, after careful review, it appears that twelve have not offered a course on private international law (or its equivalent) in the last four academic years: Arizona State University, Boston University, Brigham Young University, Fordham University, University of Georgia, University of Minnesota, The Ohio State University, Pepperdine University, Stanford University, University of Southern California, Vanderbilt University, and University of Washington. And even where the course is taught, in some law schools—such as Duke, New York University, and Yale—it is by visitors, adjuncts, or emerita. It is no longer a valued subject in faculty hiring.
News
Launch of the Bahrain International Commercial Court
The Bahrain International Commercial Court (BICC) was launched on 5 November 2025. It joins the long established Dubai International Financial Centre Courts, Abu Dhabi Global Market Courts and Qatar International Court and Dispute Resolution Centre in the Middle East as a specialist court devoted to resolving international commercial disputes and operating under special procedural rules.
The BICC was developed in partnership with the Singapore International Commercial Court (SICC). It shares many key features with the SICC such as a multinational bench, foreign counsel representation and use of the English language in proceedings. Of particular note is the appeal mechanism for BICC judgments; as discussed previously here, appeals from the BICC will be heard by the International Committee of the SICC.
ASADIP Conference Rio 2025 (report) and San Salvador 2026 date (20-23 October)
The ASADIP conference is an annual highlight of the discipline. The reports from the 2025 conference in Rio de Janeiro are now available, in English, Spanish, and Portuguese, here
And the location and date for the 2026 have been set for San Salvador, El Salvador, 20-23 October. See you there.
Short report: Conference on Sustainable Global Value Chains and Private International Law
On 17 October 2025, the EBS Law School in Oestrich-Winkel, Germany, hosted a conference Sustainable Global Value Chains and Private International Law. The conference was organised by Professors Veronica Ruiz Abou-Nigm (Edinburgh Law School) and Michael Nietsch (EBS Law School) as part of the Law Schools Global League Sustainable Global Value Chains Project (see also here).
The conference brought together a number of scholars specialised in private international law, company law, and contract law to discuss the role of private law and private international law in social, economic, and environmental sustainability within global value chains.
Keynote
Ralf Michaels (Max Planck Institute for Comparative and International Private Law, Hamburg, Germany) delivered the keynote lecture entitled “European Law for Global Value Chains – Human Rights Advancement or European Imperialism?” Professor Michaels addressed this question from a historical perspective. He related the historical roots of existing sourcing practices to contemporary supply chains, drawing on a wealth of theoretical insights. He further reflected on the conceptualisations that remain necessary for the legal discipline to contribute to addressing economic inequalities in contemporary global sourcing practices facilitated by interconnected chains of contracts.
After the keynote, several scholars provided insights into their current research, which resonated with various aspects of the keynote lecture. Read more