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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.
An Answer to the Billion-Dollar Choice-of-Law Question
On February 20, 2024, the New York Court of Appeals handed down its opinion in Petróleos de Venezuela S.A. v. MUFG Union Bank, N.A. The issue presented—which I described in a previous post as the billion-dollar choice-of-law question—was whether a court sitting in New York should apply the law of New York or the law of Venezuela to determine the validity of certain bonds issued by a state-owned oil company in Venezuela. The bondholders, represented by MUFG Union Bank, argued for New York law. The oil company, Petróleos de Venezuela, S.A. (“PDVSA”), argued for Venezuelan law.
In a victory for PDVSA, the New York Court of Appeals unanimously held that the validity of the bonds was governed by the law of Venezuela. It then sent the case back to the federal courts to determine whether the bonds are, in fact, invalid under Venezuelan law.
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News
Lecture: Cross-Border Disputes and Conflict of Laws in India – The Case for Asian-Inspired Reform
As part of the International Law Association (British Branch) Lecture Series, a special lecture on Cross-Border Disputes and Conflict of Laws in India: The Case for Asian-Inspired Reform will be delivered by Prof. (Dr) Saloni Khanderia, Professor at Jindal Global Law School (India) and Professor at the Center for Transnational Legal Studies (London), on Wednesday, 15 October 2025, at 6:00 PM (London BST ??) | 10:30 PM (India IST ??). The event takes place at the UCL Faculty of Laws and will also be available online. The session will be chaired by Professor Alex Mills (UCL Laws).
India’s transformation since its 1991 economic liberalisation has positioned it as a key player in global commerce. Indian judges have contributed significantly to international law, both domestically and in global forums such as the International Court of Justice and commercial courts abroad. Yet, despite judicial progress, structural gaps in India’s private international law persist.
This lecture examines how India can strengthen its framework for cross-border dispute resolution, drawing lessons from leading Asian jurisdictions—Singapore, China, Japan, and South Korea—to ensure coherence, predictability, and competitiveness in transnational litigation.
Who should attend:
Practitioners, scholars, students, policymakers, and anyone interested in India’s evolving role in global dispute resolution.
For more details about the lecture and the registration process, visit https://www.ucl.ac.uk/laws/events/2025/oct/cross-border-disputes-and-conflict-laws-india-case-asian-inspired-reform
Virtual Workshop (in English) on October 8, 2025: Nadia de Araujo on “Highlights on the project for a Brazilian Law on Private International Law”
On Wednesday, October 8, 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). Professor Nadia de Araujo (Pontifícia Catholic University of Rio de Janeiro) will speak, in English, about the topic
“Highlights on the project for a Brazilian Law on Private International Law”
After more than eighty years Brazil finally has a project for a new Law on Private International Law. The current 1942 law devotes only seven articles to the whole subject. In light of the developments in PIL, the complexities of modern life and the adoption of a series of Hague Conventions and Inter-American Conventions, the project addresses PIL in its entirety. The new law introduces several significant changes: it expressly allows for party autonomy in international contracts, a concept that was not clearly defined in previous legislation, while safeguarding consumer and labour contracts. Additionally, it introduces new rules for proof of foreign law and a more comprehensive set of family law. It also retains domicile as the main rule for capacity and other family rights.
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.
Conference: Towards Universal Parenthood in Europe, 24 October 2025
The University of Genoa (Italy), together with the partnership of the EU co-funded project UniPAR, is organizing a conference on parenthood in the light of Human Rights Law and Private International Law.
In the Conference, the UniPAR research team will present the results of the research and various topics related with EU private international law and children’s rights in the context of parenthood will be addressed. Dr. Raffaele Sabato, judge of the European Court of Human Rights, will deliver the introductory speech.
The Conference will take place on Friday 24 October, 10.00-13.00 CET and 14.00-17.00 CET.
See the programme. Online attendance is possible after prior registration.