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Abu Dhabi Court of Cassation on Civil Family Law and Muslim Foreigners: Has the Tide Turned?

Written by Lena-Maria Möller,

College of Law, Qatar University

The recent introduction of a civil family law regime in the United Arab Emirates – the first of its kind in the region – has attracted considerable attention, both on this blog and beyond.[1] A key unresolved issue has been the law’s applicability in Abu Dhabi, particularly regarding access for Muslim foreigners to the emirate’s newly established Civil Family Court. Scholars and legal practitioners navigating this new framework have long observed a surprising discrepancy, if not an ideological tension, between the law’s drafters and those interpreting it, especially at the higher court level. Central to this divergence has been whether Abu Dhabi’s Law on Civil Marriage and Its Effects (Law No. 14/2021 of 7 November 2021, as subsequently amended) and its Procedural Regulation (Chairman Resolution No. 8/2022 of 1 February 2022) apply exclusively to non-Muslims or extend also to Muslim foreigners who are citizens of non-Muslim jurisdictions. A recent judgment by the Abu Dhabi Court of Cassation in late October affirmed jurisdiction over Muslim foreigners with dual French-Moroccan nationality, marking a potential shift in personal jurisdiction. This ruling may expand access to a legal framework devoid of religious underpinnings for many Muslim expatriates in the UAE.

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Book review: H. Muir Watt’s The Law’s Ultimate Frontier: Towards an Ecological Jurisprudence – A Global Horizon in Private International Law (Hart)

(Written by E. Farnoux and S. Fulli-Lemaire, Professors at the University of Strasbourg)

Horatia Muir Watt (Sciences Po) hardly needs an introduction to the readers of this blog. The book published last year and reviewed here constitutes the latest installment in her critical epistemological exploration of the field of private international law. More specifically, the book builds upon previously published fundamental reflections on the methods of private international law already initiated (or developed) in her previous general course (in French) at the Hague Academy of International Law (Discours sur les méthodes du droit international privé (des formes juridiques de l’inter-altérité)), as well as on the contemporary relevance of private international law (“Private International Law Beyond the Schism”). Numerous other works, naturally, also come to mind when reading this book (see among many others, ed. with L. Bíziková, A. Brandão de Oliveira, D. Fernandez Arroyo, Global Private International Law : adjudication without frontiers; Private International Law and Public law).

The publication of a book on the field that this blog deals with would be enough to justify it being flagged for the readers’ attention. We feel, however, that its relevance to our academic pursuits warrants more than a mere heads-up and, while it would be unreasonable (and risky) to try to summarize the content of this engrossing and complex book in a blog friendly format, we would like to make a few remarks intended to encourage the readers of this blog to engage with this innovative and surprising work.

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Transforming legal borders: international judicial cooperation and technology in private international law – Part II

Written by Yasmín Aguada** [1]– Laura Martina Jeifetz ***[2]. Part I is available here

Abstract: Part II aims to delve deeper into the aspects addressed in the previously published Part I. International Judicial Cooperation (IJC) and advanced technologies redefine Private International Law (PIL) in a globalized world. The convergences between legal collaboration among countries and technological innovations have revolutionized how cross-border legal issues are approached and resolved. These tools streamline international legal processes, overcoming old obstacles and generating new challenges. This paper explores how this intersection reshapes the global legal landscape, analyzing its advantages, challenges, and prospects.

Keywords: private international law, international judicial cooperation, new technologies, videoconferencing, direct judicial communications, Smart contracts, and Blockchain.

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News

AAPrIL’s November seminar: Mary Keyes on Jurisdiction Agreements in International Family Litigation

This week, the Australasian Association of Private International Law (AAPrIL) is co-hosting a free online seminar on ‘Jurisdiction Agreements in International Family Litigation’, to be presented by Professor Mary Keyes of Griffith University.

The seminar will be held online and in-person at UniSQ, Toowoomba, Queensland.  The details are:

Online (Zoom): Wednesday 26 November 2025, 12.30 to 1.30pm AEST.* 

In-person: Wednesday 26 November 2025, 12.30 to 1.30pm AEST, Wonderley & Hall Moot Court, Room Q420, Toowoomba Campus, University of Southern Queensland.

Please register by the details in the attached flyer:

Flyer_UniSQ and AAPrIL Seminar 2025-4

*Note the times given are in Australian Eastern Standard Time (UTC+10).

[Out Now!] Sooksripaisarnkit and Garimella on Legal Challenges of China’s One Belt One Road Initative: Private International Law Considerations

This note was kindly prepared by Dr. Poomintr Sooksripaisarnkit.

A new book Legal Challenges of China’s One Belt One Road Initative: Private International Law Considerations edited by Dr Poomintr Sooksripaisarnkit and Dr Sai Ramani Garimella has now been released by Routledge.

This book is a sequel to the book China’s One Belt One Road Initiative and Private International Law which was published by Routledge in 2018.

Here is the publisher’s blurb:

“This book covers new legal developments of the One Belt One Road (OBOR) project and assesses how litigation may be organised to enforce and compensate for defaults for its related initiatives.

This book is structured into five themes, consisting of essays which assess the decade of BRI’s existence in the context of international economic engagement and the rule of law, private international law, dispute resolution mechanisms – including mediation and judgment mobility. The chapters in the book strike new ground and cover recent developments such as the establishment of China’s International Commercial Court, engagements in multiple Belt and Road Initiative (BRI) construction and investment projects.

The book will be of interest to researchers, academics, policymakers and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies and the politics of international trade”.

The table of contents and contributors include:

Poomintr Sooksripaisarnkit and Sai Ramani Garimella: Current Developments of the One Belt One Road Project and the Emerging Private International Law Issues

Dilini Pathirana: Sri Lanka’s Loan Agreements with China under the BRI: A Reflection of Selected Infrastructure Project-Related Loans

Atul Alexander: China and Foreign State Immunity Law: Legal Implications on State-Owned Entities

Mark McLaughlin: Global Standards, Local Realities: An Analysis of Singapore Convention on Mediation in the Context of Chinese State-Owned Enterprises

Zhengxin Huo: China’s International Commercial Court and Their Operation

Beligh Elbalti: Choice of Law in Contracts and Foreign Law before MENA Arab Courts from the Perspective of Belt and Road Initiative

Anna Wysocka-Bar: Circulation of Judgments Between EU Member States and China: A Path Through Complicated Framework Examined on the Example of Poland

Nobumichi Teramura: Recognition and Enforcement of Chinese judgments in Cambodia: Uncertain Foundations of the Rigid Reciprocity Standard in Cambodian Law

Jie (Jeanne) Huang: Recognition and Enforcement of Chinese Judicially Confirmed Mediation Decisions Abroad: The Challenges of Finality

Poomintr Sooksripaisarnkit: Private International Law Dimensions of Blockchain-Based Bills of Lading

Poomintr Sooksripaisarnkit and Sai Ramani Garimella: Conclusion and Reflection

The book can be ordered directly from Routledge: https://www.routledge.com/Legal-Challenges-of-Chinas-One-Belt-One-Road-Initiative-Private-International-Law-Considerations/Sooksripaisarnkit-Garimella/p/book/9781032805733

Anyone can use the below discount code to obtain 20% discount (available until 31st March 2026:

The editors are in the process of planning a book launch event (online). Currently, it is scheduled on 26th January 2026 between 8:00 -9:00 p.m (Australian Eastern Daylight Time). Further details will be announced once the full programme of event is available.

Crossroads in Private International Law Webinar with on ‘the EU Anti-SLAPP Directive’ at the University of Aberdeen

The Centre for Private International Law & Transnational Governance of the University of Aberdeen is continuing its Crossroads in Private International Law webinar series with a talk by Birgit van Houtert (Maastricht University) and Francesca Farrington (University of Liverpool) titled ‘The EU Anti-SLAPP Directive – Comparative Perspectives on Implementation’:

The Centre for Private International Law & Transnational Governance invites you to our next Crossroads in PIL webinar. This session brings together experts on Anti-SLAPP legislation from the UK and the Netherlands to discuss the Anti-SLAPP Directive. With 6 months to go before the Directive’s implementation deadline, this webinar will take stock of emerging best practices and challenges in implementing the directive and flesh out some unresolved questions.

Dr Francesca Farrington (University of Liverpool) will introduce the challenges posed by cross-border SLAPPs, before discussing how the Directive’s provisions on jurisdiction and recognition and enforcement of foreign judgments respond to these challenges. While these provisions represent a positive development, they also leave a number of issues unresolved and raise concerns about the fragmentation of European private international law.

Dr Birgit van Houtert (Maastricht University) will address the Dutch draft act regarding the transposition of the Anti SLAPP Directive. She will focus in particular on the challenges concerning the implementation of Articles 16 and 17 of the Directive. These core private international law provisions aim to provide protection for SLAPP targets against third country proceedings and judgments.

The webinar will be chaired by Prof Justin Borg-Barthet (University of Aberdeen).

Additional information and the link to register can be found here.

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