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Disentangling Legal Knots: Intersection of Foreign Law and English Law in Overseas Marriages

Written by Muhammad Zubair Abbasi, Lecturer at School of Law, Oxford Brookes University (mabbasi@brookes.ac.uk)

Introduction:

In a recent judgment Tousi v Gaydukova [2024] EWCA Civ 203, the Court of Appeal dealt with the issue of the relevance of foreign law to the remedy available under English law in respect of an overseas ceremony of marriage. Earlier the High Court had held that the foreign law determines not only the validity or invalidity of the ceremony of marriage but also the ramifications of the validity or invalidity of the ceremony. The Court of Appeal disagreed and reiterated the rule that lex loci celebrationis is limited to the determination of the validity or invalidity of the ceremony of marriage. Therefore, English law will apply to provide a remedy or relief upon the breakdown of the relationship of the parties to a marriage ceremony that took place abroad.

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Egyptian Supreme Court on the Enforcement of Foreign Judgments – Special Focus on the Service Requirement

I . Introduction

Egypt and its legal system occupy a unique position within the MENA region. Egyptian law and scholarship exert a significant influence on many countries in the region. Scholars, lawyers, and judges from Egypt are actively involved in teaching and practicing law in many countries in the region, particularly in the Gulf States. Consequently, it is no exaggeration to say that developments in Egyptian law are likely to have a profound impact on neighboring countries and beyond, and warrant special attention. Read more

International Jurisdiction between Nationality and Domicile in Tunisian Private International Law – Has the Perennial Debate Finally been Resolved?

I would like to thank Prof. Lotfi Chedly for providing me with the text of the decision on which this post is based.

I. Introduction

Scholars of private international law are well familiar with the classic debate on nationality and domicile as connecting factors in the choice of applicable law (see, for example, L. I. de Winter, “Nationality or Domicile? The Present State of Affairs” 128 Collected Courses III (1969) pp. 357 ff). In Tunisian private international law, this controversy has been particularly pronounced with regard to the role of nationality as a ground for the international jurisdiction of Tunisian courts. Since the enactment of the Tunisian Private International Law Code (“PILC”) in 1998 (for an English translation, see J. Basedow et al. (eds.) Encyclopedia of Private International Law – Vol. IV (Elgar Editions, 2017) 3895 and my own translation of the provisions dealing with international jurisdiction and the enforcement of foreign judgments in 8 Journal of Private International Law 2 (2012) pp. 221 ff)), the debate between opponents and proponents of nationality as a ground for international jurisdiction, especially in family law matters, has never ceased to be intense (for detailed analyses, see eg. Salma Triki, “La compétence internationale tunisienne et le critère de nationalité” in Ben Achour/Triki (eds.), Le Code de droit international privé – Vingt ans d’application (1998-2018) (Latrach edition, 2020) 119ff). This divergence in academic opinion is also reflected in the judicial practice of the courts, with the emergence of two opposing trends: one extends the international jurisdiction of the Tunisian courts when the dispute involves a Tunisian party, in particular as a defendant even when domiciled abroad. The other firmly rejects nationality as a ground for international jurisdiction.

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News

Call for Applications: Fellowships on ‘Complexity as an Issue of Law’

Professor Mareike Schmidt (Max Planck Institute for Social Anthropology) has kindly shared the attached  Call for Applications with us.

She is seeking to fellows working on ‘Complexity as an Issue of Law’ within the framework of her larger project on Change in and through Law: Digital Transformation and Climate Change

The Establishment of the International Organization for Mediation (IOMed)

On 30 May 2025, the signing of the Convention on the Establishment of the International Organization for Mediation (IOMed)  in Hong Kong marked an advancement in the field of international dispute resolution. Attended by representatives from over 85 countries and 20 international organisations – including the United Nations – the event introduced a treaty-based institutional framework dedicated specifically to mediation.

The IOMed Convention – with equally authentic texts in Arabic, Chinese, English, French, Russian, and Spanish – outlines a structured, treaty-based model of mediation whose scope is deliberately broad, encompassing disputes between States, between a State and nationals of other States, as well as disputes between private parties involved in international commercial relationships (Article 24).

A defining feature of the IOMed Convention is its treatment of the legal effect and enforceability of mediated outcomes. Articles 40 and 41 affirm both the binding nature of settlement agreements resulting from IOMed-facilitated mediation and their enforceability within the domestic legal systems of contracting States. This model of consensual yet normatively binding dispute resolution finds a compelling parallel in – and complements – the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention). The Singapore Convention – which, as of 3 July 2025, counts 58 signatories and 18 parties – reinforces party autonomy while requiring the good faith implementation of mediated settlements. Particularly significant is Article 3 of the Convention, which obliges courts in contracting States to recognise international commercial settlement agreements and to enforce them in accordance with domestic procedures, provided the agreement satisfies the Convention’s requirements. While the Singapore Convention offers a uniform and efficient framework for the enforcement and “invocation” (see Art. 3(2)) of international settlement agreements resulting from mediation, the IOMed Convention contributes by establishing the institutional and procedural framework necessary for the conduct of mediation itself. Together, these instruments enhance both the normative foundation and the practical viability of cross-border mediation, thereby reinforcing its legitimacy in complex international commercial contexts.

Beyond its dispute resolution functions, IOMed also assumes a broader mandate to promote mediation (Art. 5). This includes fostering best practices (Art. 5(b)), organising conferences and training initiatives (Art. 5(c)), and implementing targeted capacity-building programmes (Art. 5(d)). A dedicated Mediation Fund (Art. 44), financed through voluntary contributions, is intended to promote equitable access to services, while a Capacity Building Committee (Art. 43) provides strategic oversight in this domain.

Ultimately, the IOMed Convention does not seek to alter the fundamental character of mediation. Rather, it aims to provide a coherent legal and institutional foundation at the international level. By anchoring mediation within a treaty-based framework, the IOMed Convention offers States and other actors a structured yet flexible environment in which to pursue dialogue-based resolution, with greater predictability, neutrality, and institutional support – while preserving the essential consensual nature that distinguishes mediation from adjudication. While its practical impact will depend on how States and other actors engage with its mechanisms over time, the Convention offers a new platform for exploring the potential of mediation in a variety of international contexts.

The HCCH 2019 Judgments Convention enters into force for the United Kingdom

Today the HCCH 2019 Judgments Convention entered into force for the United Kingdom. The UK signed this Convention on 12 January 2024 and filed its instrument of ratification on 27 June 2024.

On 26 March 2025, the UK extended the 2019 Judgments Convention to Scotland and Northern Ireland. Initially, the UK had extended this Convention to England and Wales only. These declarations will take effect on the day the Convention enters into force for the UK in accordance with Articles 25 & 30(3)(4) of the said Convention. For more information, click here. Read more