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“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).
An anti-suit injunction in support of an arbitration agreement in light of the EU Sanction against Russia
By Poomintr Sooksripaisarnkit, Lecturer in Maritime Law, Australian Maritime College, College of Sciences and Engineering, University of Tasmania
On 24th September 2024, Mimmie Chan J handed down the judgment of the Court of First Instance of the High Court of the Hong Kong Special Administrative Region in Bank A v Bank B [2024] HKCFI 2529. In this case, the Plaintiff (Bank A) with its base of operation in Germany was under the supervision of the German Federal Financial Supervisory Authority (BaFin). Its majority shareholder was the Defendant (Bank B) who held 99.39% shares. In turn, the Defendant was a Russian bank whose majority shareholder was the Government of the Russian Federation.
News
ILA Committee on Conflict-of-Laws Issues in International Arbitration: First Webinar on 18 February 2025
This post was written by Lukas Petschning, University of Vienna.
Conflict of laws is one of the most complex and disputed subject areas in international arbitration. An abundance of academic works has examined the issue and proposed widely diverging solutions. Yet, these studies frequently focus on isolated issues and lack overall consistency. Equally, they are often overly theoretical, lacking practical guidance useful to the average arbitrator or judge.
Forging a path toward more legal certainty, the International Law Association has established a new Committee on Conflict-of-Laws Issues in International Arbitration. It is chaired by Dr Nikolaus Pitkowitz and Ms Wendy Lin, with Professor Matthias Lehmann and Dr Mariel Dimsey acting as co-rapporteurs.
Out Now: Kim, Overriding Mandatory Rules in International Commercial Disputes [Open Access]
As part of Hart’s Studies in Private International Law – Asia, Min Kyung Kim, Judge at the Incheon District Court in Korea, just published her new book on Overriding Mandatory Rules in International Commercial Disputes: Korean and Comparative Law.
The impressive monograph, just shy of 200 pages, takes a comprehensive look at the role of overriding mandatory rules in international commercial litigation and arbitration, using Korea as a vantage point. It takes a close look at a large variety of (mainly European) sources in order to interpret and critically discuss the Korean Act on Private International Law, with a particular focus on the treatment of third-country mandatory rules. The book also identifies a range of potentially overriding mandatory provisions in Korean law.
The book is available open access at the publisher’s website.
Dutch Journal of PIL (NIPR) – issue 2024/4
The latest issue of the Dutch Journal on Private International Law (NIPR) has been published.
EDITORIAL
M.H. ten Wolde / p. 626-628
ARTICLES
A. Mens, De kwalificatie en de rechtsgevolgen van de erkenning van een kafala op grond van het Nederlandse internationaal privaatrecht/ p. 628-649
Abstract
This article focuses on the qualification and legal consequences of recognising a kafala under Dutch private international law. A kafala is a child protection measure under Islamic law, which entails an obligation to care for, protect, raise, and support a child, but without any implications for lineage or inheritance rights. The main conclusion is that a kafala generally constitutes both a guardianship and a maintenance decision. Consequently, the recognition of a foreign kafala in the Netherlands essentially entails the recognition of both the guardian’s (kafil) authority over the child (makful) and the recognition of the guardian’s maintenance obligation towards the child.
B. van Houtert, The Anti-SLAPP Directive in the context of EU and Dutch private international law: improvements and (remaining) challenges to protect SLAPP targets / p. 651-673
Abstract
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