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
Call for papers: Australasian Association of Private International Law Conference 2026
The second annual conference of the Australasian Association of Private International Law will be held from Thursday 16 to Friday 17 April at Ashurst’s offices in Sydney, New South Wales, Australia, sponsored by Ashurst.
We are pleased to invite the submission of paper proposals for the conference on any aspect of private international law, broadly understood. This includes issues of jurisdiction, choice of law, the recognition and enforcement of foreign judgments (including how they relate to cross-border issues within a federation), and all areas of private law that raise cross-border and transnational issues.
Paper proposals should be made on this form by Friday 30 January 2026. We also welcome panel proposals. Please email m.keyes@griffith.edu.au if you have a proposal for a panel. Proposed presenters on any panel will be required to submit individual paper proposals.
We welcome anyone interested in private international law, including from the judiciary, legal practice, government, and the academy, from any jurisdiction. Attendees, including presenters, will be required to pay a registration fee. A conference dinner will be held on the evening of Friday 17 April, at an additional cost.
To keep up to date with AAPrIL events, please connect with us on LinkedIn.
Border Control & Migration: Safeguarding Fundamental Rights in the Age of Artificial Intelligence
You are invited to the next Migration Talk organized by the Jean Monnet Chair in Legal Aspects of Migration Management in the European Union and in Türkiye by Leyla Kayac?k (Human Rights Expert/ Council of Europe Former Special Representative of the Secretary General on Migration and Refugees) on “Border Control & Migration: Safeguarding Fundamental Rights in the Age of Artificial Intelligence”.
Venue: Online via Zoom
Date: 17 December 2025, Wednesday
Time: 12:30 – 13:20 (UTC +3)
The Zoom link shall be provided upon request: migration@bilkent.edu.tr
Esplugues on New Dimensions in the Application of Foreign Law by Courts (and Arbitrators) and Non-Judicial Authorities
The issue of “foreign law” and its application, long considered essential to the functioning of private international law (PIL), continues to trigger interesting discussions and debates. Read more