Views
Moroccan Supreme Court Confirms Child Return Order to Switzerland under the HCCH 1980 Child Abduction Convention
I. Introduction
It is not uncommon for scholars examining the interplay between the HCCH 1980 Child Abduction Convention and the legal systems of countries based on or influenced by Islamic Sharia to raise concerns about the compatibility of the values underlying both systems. While such concerns are not entirely unfounded and merit careful consideration, actual court practice can present a very different reality.
Morocco’s engagement with the Hague Conventions, notably the HCCH 1980 Child Abduction Convention and the HCCH 1996 Child Protection Convention, provides a particularly illustrative example. As previously reported on this blog (see here, here and here), Moroccan courts have thus far demonstrated a clear willingness to engage constructively with the HCCH instruments, effectively dispelling – at least to a significant extent – concerns about the existence of a so-called “Islamic exceptionalism” as an obstacle to resolving parental child abduction cases. The case presented here provides yet another compelling example of how Moroccan courts interpret and apply the HCCH 1980 Child Abduction Convention in a manner consistent with Morocco’s international obligations. This is particularly noteworthy given the presence of elements often cited as indicative of “Islamic exceptionalism.” Read more
Brazil’s New Law on Forum Selection Clauses: Throwing the Baby out with the Bathwater?
This post was written by Luana Matoso, a PhD candidate and research associate at Max Planck Institute for Comparative and International Private Law in Hamburg, Germany.
Brazil has changed its law on international forum selection clauses. In June this year, a new statutory provision came into force, adding, unexpectedly, new requirements for their enforceability. In this attempt to redistribute domestic litigation, the Brazilian legislator may well have thrown out the baby, international forum selection clauses, with the bathwater.
Improving the settlement of (international) commercial disputes in Germany
This post was written by Prof. Dr. Giesela Rühl, LL.M. (Berkeley), Humboldt University of Berlin, and is also available via the EAPIL blog.
As reported earlier on this blog, Germany has been discussing for years how the framework conditions for the settlement of (international) commercial disputes can be improved. Triggered by increasing competition from international commercial arbitration as well as the creation of international commercial courts in other countries (as well as Brexit) these discussions have recently yielded a first success: Shortly before the German government coalition collapsed on November 6, the federal legislature adopted the Law on the Strengthening of Germany as a Place to Settle (Commercial) Disputes (Justizstandort-Stärkungsgesetz of 7 October 2024)[1]. The Law will enter into force on 1 April 2025 and amend both the Courts Constitution Act (Gerichtsverfassungsgesetz – GVG) and the Code of Civil Procedure (Zivilprozessodnung – ZPO)[2] with the aim of improving the position of Germany’s courts vis-à-vis recognized litigation and arbitration venues – notably London, Amsterdam, Paris and Singapore. Specifically, the new Law brings three innovations. Read more
News
Fourth Issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2025
The fourth issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2025 has recently been published. It contains the following articles, cases notes and book review.
Michael Howard, “The True History of the Origin of the Mareva Injunction or Freezing Order”
Fifty years ago, in 1975, a revolutionary innovation occurred in English procedural law, the introduction of what is officially named the freezing injunction, formerly and to some extent even now known as the Mareva injunction. It was the consequence of two decisions of the Commercial Court, the Karageorgis and Mareva cases. The thesis of this article, lightly camouflaged, is that these cases and this change were brought about by a combination of four factors which are present in most such developments of the common law: the personal, the institutional, the technical legal and the accidental. It is an attempt to present all of them and to show that the first and particularly the last were disproportionately large contributors.
Masood Ahmed, “State Immunity and the New York Convention”
Adrian Briggs, “Book Review of Hong Kong Private International Law” (by Wilson Lui and Anselmo Reyes)
My views
I read the interesting—but in my view unconvincing—critical review by Emeritus Professor Adrian Briggs of “Private International Law in Hong Kong” (by Wilson Lui and Anselmo Reyes). My reading of the review is that Briggs laments the authors’ limited engagement with English sources, suggesting that because Hong Kong’s private international law is not as fully developed as Singapore’s, English texts and cases should operate as gap-fillers.
I take a different view. I am pleased to see Asian private international law scholars asserting a more autonomous and context-sensitive approach to developing their conflict-of-laws rules. That intellectual independence is healthy for the discipline, and it is precisely the direction I believe African private international law should pursue.
Virtual Workshop (in English) on December 5, 2025: Béligh Elbalti on “The Double Face of Private International Law: Reconsidering Its Colonial Entanglements”
On Friday, December 5, 2025, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Dr. Béligh Elbalti (Osaka University) will speak, in English, about the topic
“The Double Face of Private International Law: Reconsidering Its Colonial Entanglements”
In its general discourse, private international law (conflict of laws) is often presented as a discipline grounded in principles such as sovereignty, the equality of states, and comity. Its defining traits are said to flow from this premise of equality between legal orders, including its claim to neutrality, its pursuit of international harmony in cross-border cases, and its role in coordinating diverse legal systems. However, it is striking that private international law developed in an international context marked by domination, inequality, and subordination, a context that challenged the very premises on which the discipline claimed to rest.
Within this broader context, private international law appears to have played a dual role. On the one hand, it served as an instrument of colonial domination, particularly by denying its foundational premises to legal systems not regarded as “civilized”. In these contexts, instead of applying the ordinary methods of private international law, alternative mechanisms were employed to manage foreignness, most notably through systems of extraterritoriality – whether in the form of consular jurisdiction, mixed courts, or foreign courts operating in colonized or semi-colonized territories. On the other hand, private international law also functioned as an instrument for restoring sovereignty and achieving independence. The abolition and dismantling of extraterritorial regimes required colonized and semi-colonized states to meet the substantive and institutional conditions considered necessary for recognition as a “civilized nation”. This included, among other reforms, the establishment of a functioning system of private international law, alongside the adoption of substantive and procedural legal frameworks that guaranteed equal rights and protection for foreigners.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
Call for papers: Bridging Jurisdictions: Rethinking Commercial Conflicts of Laws 10 Years After Brexit
by Dr Georgia Antonopoulou (University of Birmingham) and Dr Ekaterina Pannebakker (Leiden University)
On 14 May 2026, the roundtable Bridging Jurisdictions: Rethinking Commercial Conflicts of Laws 10 Years After Brexit will take place at the University of Birmingham, in the UK. This roundtable will focus on highlighting cooperation opportunities in commercial conflicts of laws between the United Kingdom and the EU in light of current developments including jurisdictional competition, digitisation, sustainability, and international sanctions. The roundtable will feature policymakers and internationally renowned scholars.
We invite submissions of draft articles from researchers and academics, especially at their early stages of their careers, on private international law in the aftermath of the Brexit. The applications should be in English. Kindly email your application to Dr E. Pannebakker (e.s.pannebakker@law.leidenuniv.nl) and Dr G. Antonopoulou (g.antonopoulou@bham.ac.uk). The submissions should include:
- an abstract (max. 200 words);
- a draft or a detailed outline of the contribution (max. 5,000 words);
- a bio/curriculum vitae of the author (max. 2 pages long).
The deadline for submission is 1 February 2026. The selected participants will be notified by the end of February 2026.
During the roundtable, the selected participants will give a presentation of their articles and then receive feedback. Accepted papers will be considered for publication in an edited special journal issue in an international review. The roundtable will cover reasonable costs of travel, accommodation, and meals for the selected participants.
Possible topics include:
- Jurisdictional competition including arbitration and international commercial courts;
- PIL in the United Kingdom post-Brexit;
- The impact of digitisation on private international law (applicable law and/or jurisdiction);
- Sustainability and private international law;
- The impact of trade sanctions on private international law.
We particularly welcome applications from underrepresented groups. Special consideration will be given to female participants vested with childcare and/or other domestic responsibilities.
This project has received funding from the Birmingham – Leiden universities Strategic Collaboration Fund.
We are looking forward to receiving your application!
