Case note on Oilchart International v. Bunker Nederland BV

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Vesna Lazic (Asser Institute, Utrecht University) has published an interesting case note on the complex case of CJEU Judgment C-394/22 Oilchart International NV v O.W. Bunker Nederland BV, ING Bank NV in Revue de Droit Commercial Belge. This case dealt with the interaction between the Brussels I-bis Regulation and the Insolvency Regulation. You can read it here: 2025 Note rdc_tbh2025_2p308 .

In this case, the Court held that:

Article 1(2)(b) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, must be interpreted as not applying to an action brought in a Member State against a company seeking payment for goods delivered which does not mention either the insolvency proceedings opened previously against that company in another Member State or the fact that the claim was already declared in the insolvency estate.

 

Asser Institute Conference: Adapting Private International Law in an Era of Uncertainty

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Announcement prepared by Eduardo Silva de Freitas (Asser Institute and Erasmus University Rotterdam)

The T.M.C. Asser Institute is organising the conference “Adapting Private International Law in an Era of Uncertainty” as part of its 60 Years Series. The event will take place in The Hague (The Netherlands) on Friday, 24 October 2025, and will gather academics, practitioners, and early career researchers who will address current topics in Private International Law, including developments in the digital age and the protection of weaker parties.

The programme is available by clicking here: asser-institute-60-years-series_final.pdf

To register for the conference, please visit: T.M.C. Asser Instituut Registration Form

For more information you can contact the organisers at: E.Silva.de.Freitas@asser.nl or V.Lazic@asser.nl

New book and webinar Sustaining Access to Justice – 5 September

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In June the volume “Sustaining Access to Justice: New Avenues for Costs and Funding” was published in the Civil Justice Systems series of Hart Publishing (2025).  The book is edited by Xandra Kramer, Masood Ahmed, Adriani Dori and Maria Carlota Ucín. This edited volume results from a conference held at Erasmus University Rotterdam, as part of the Vici project on Affordable Access to Justice funded by the Dutch Research Council (NWO).  It contains contributions on access to justice themes, in particular costs and funding of litigation, by key experts across Europe, Latin America and Asia. More information, including the table of contents is available at the Bloomsbury website here.

The book explores the dynamic landscape of legal costs and financing from three perspectives: regulatory frameworks in public and private funding; new trends and challenges in contemporary legal financing; and the transformative potential of alternative dispute resolution (ADR) and online dispute resolution (ODR) procedures to streamline civil justice processes and expand access to justice.

By addressing the intersectionality of legal, economic, political, market and social dynamics, the book aims to provide an encompassing understanding of the inherent complexity of costs and funding of litigation, and their implications for access to justice.

A seminar on the ocassion of launching the book will take place on 5 September 2025, from 10-12.15 CET.

Program

10.00 Introduction Xandra Kramer, Masood Ahmed, Carlota Ucin, Adriani Dori

10.15 Jacek Garstka (European Commission) – EC perspective on the access to justice and the role of litigation funding

10.25 Maria Jose Azar-Baud – Trends in Funding of Collective Litigation

10.35 Alexandre Biard – Enforcing Consumer Rights: Costs and Funding

10.50 Discussion

11.10 Eduardo Silva de Freitas – Justice for a Price: Funders, Fees and the RAD

11.20 Marcel Wegmüller – ESG and Litigation Funding: A Practitioner’s View

11.35 Adrian Cordina – Regulating Litigation Funding: A Law and Economics View

11.45 Stefaan Voet/Masood Ahmed – Beyond Litigation: Cost-Effective Strategies for ADR and ODR

12.00 Discussion and Conclusion

More information and (free) registration here.

Webinar: Beyond State Borders, Beyond the Situs Rule? Private International Law Issues of Resource Extraction in Antarctica, the Deep Seabed, and Outer Space

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The Aberdeen Centre for Private International Law & Transnational Governance (CPILTG) will be hosting a webinar by Professor Caroline Rapatz (University of Kiel, Germany) on 20 August 2025, 11am – 12pm noon.

More information is available here.

 

ZEuP – Zeitschrift für Europäisches Privatrecht 3/2025

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A new issue of ZEuP – Zeitschrift für Europäisches Privatrecht is now available and includes contributions on EU private law, comparative law and legal history, legal unification, private international law, and individual European private law regimes. The full table of content can be accessed here: https://rsw.beck.de/zeitschriften/zeup.

The following contributions might be of particular interest for the readers of this blog:

  • Pacta Sunt Servanda’s Soliloquy Amidst Sanctions: The Impact of EU Sanctions on Contractual Performance in Arbitration Proceedings
    Helmut Ortner, Veronika Korom and Marion on the Impact of EU Sanctions on Contractual Performance in Arbitration Proceedings: EU sanctions against Russia and Russia’s countermeasures have significantly disrupted trade, supply chains, and contractual relations, sparking disputes frequently resolved through arbitration. European legal systems provide a range of mechanisms—including force majeure, impossibility, frustration, and hardship—to address sanctions-related performance impediments. Despite doctrinal divergences, these frameworks tend to converge on practical outcomes. To mitigate risks and increase legal certainty, parties are well-advised to incorporate tailored clauses in their contracts.
  • Eigentumsvorbehalte in grenzüberschreitenden Warenkaufverträgen mit englischen Käufern
    Insa Stephanie Jarass on retention of title clauses in contracts with English buyers: In PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) [2016] UKSC 23, the Supreme Court held that the Sale of Goods Act 1979 no longer applies to certain con-tracts containing retention of title clauses which had previously always been categorised as contracts for the sale of goods. This article analyses the legal implications of this decision for contracts for the supply of goods to Eng-land. In addition to the legal uncertainties that have always surrounded the validity in rem of retention of title clauses under English law, the decision adds a new level of complex-ity at the contractual level that requires par-ticular attention when drafting international contracts.
  • Die europäische vis attractiva concursus – Altbekanntes, Neues und Ungeklärtes zu Reichweite, Kompetenzkonflikten und materieller Sperrwirkung
    Fabian Kratzlmeier comments on the decision by the ECJ in C-394/22, addressing the law applicable in the context of insolvency proceedings.

 

Chair for Comparative and Private International Law, University of Vienna

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The following information was kindly shared with us by Matthias Lehmann (University of Vienna).

At the University of Vienna, a Chair for Comparative Law and Private International Law will become vacant in 2026 (current holder: Professor Helmut Ofner).

The role will be to teach and research private international law and comparative law. Knowledge of the German language and the Austrian legal system is not a prerequisite; however, applicants should be willing to learn German and familiarise themselves with Austrian law. Familiarity with several legal systems is highly desirable. A specialisation in a particular area, such as international family law or international commercial law, is welcome; publications in the field of uniform law and European law are an advantage.

The successful candidate is expected to relocate to Vienna, which is consistently ranked as the most or second-most liveable city in the world (see Global Liveability Index). Initial appointments to a first professorship may be limited to six years, with the possibility of extending it to a permanent position.

More information on the position is available here. The application deadline is 17 September 2025.

[Out Now] Lopez on Choice of Forum Clauses in Asia

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The Hart Series “Studies in Private International Law – Asia” continues to deliver outstanding volumes, the latest being authored by Lemuel D. Lopez (lecturer of Law at the Royal Melbourne Institute of Technology University), and titled “Choice of Forum Clauses in Asia”.

This marks the 13th volume in the series, which was launched only a few years ago in 2019, with many more volumes expected to follow.

The topic is of great significance, and this book provides a much-needed Asian perspective, shedding light on how forum selection clauses function within the region’s unique legal environment.

 

The book’s description reads as follows:

This book compares and explains the approaches taken by Asian courts when choice of forum clauses in international commercial contracts are challenged in litigation.
It examines key common law jurisdictions (Singapore, Hong Kong and Malaysia), civil law jurisdictions (China, Japan, and Indonesia), and hybrid jurisdictions (the Philippines).
With Asia’s ascent in cross-border trade and investment, alongside a corresponding increase in cross-border litigation, understanding how Asian courts address choice of forum clauses in international commercial contracts has never been more critical. Employing a comparative law method, the book identifies and explains the relief and remedies used by Asian courts in enforcing choice of forum clauses, analysing how their classification as either contractual or procedural in nature shapes judicial approaches. It further distinguishes choice of forum clauses from arbitration agreements and explores their interaction with other contractual provisions. Party autonomy – as the parties’ freedom to determine the contents of the choice of forum clause and the freedom to control the flow of litigation – is also critically scrutinised.

Furthermore, the book investigates the factors courts consider in resolving key choice of forum clause issues (ie, enforceability; specific relief to be granted; existence, validity, interpretation of choice of forum clauses; role of mandatory rules, public policy, and international interests) and explores the prospects for future development of this area of law in Asia.

Crucially, the book highlights the unique approaches of Asian courts, while underscoring the differences and similarities among common law, civil law, and hybrid jurisdictions.

 

Table of Contents

1. Introduction
2. The Nature of Choice-of-Forum Clauses
3. Party Autonomy and Choice-of-Forum Clauses
4. The Enforcement of Choice-of-Forum Clauses: Singapore, Hong Kong, Malaysia, Philippines
5. The Factors Considered in Granting Relief: Singapore, Hong Kong, Malaysia, Philippines
6. Existence, Validity and Interpretation: Singapore, Hong Kong, Malaysia, Philippines
7. Mandatory Rules, Public Policy and International Interests: Singapore, Hong Kong, Malaysia, Philippines
8. Choice of Forum Clauses in Asian Civil Law Countries: China, Indonesia and Japan
9. Conclusions

2026 applications for a 6-month internship in The Hague, Netherlands

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The Australian Institute of International Affairs and the Australian Branch of the International Law Association call for applications for the 2026 Peter Nygh Hague Conference Internship.

Read more

New Journal: Perspectives contentieuses internationales (PCI)

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The following announcement was kindly shared with us by Fabienne Jault-Seseke

Created with the support of LexisNexis, the Review Perspectives contentieuses internationales (PCI) is a biannual academic journal dedicated to the globalization of international litigation in both its public and private aspects. Each issue features a thematic dossier, complemented by several articles outside the main topic (Varia), as well as brief focus pieces addressing current events relevant to political or regulatory developments impacting international disputes (Focus).

The editorial committee, which ensures the scientific and operational direction of the Review, is composed of Sandrine Clavel, Patrick Jacob, and Fabienne Jault-Seseke (professors at Université Paris-Saclay, UVSQ).

Three issues have already been published and are available open access.

Read more

Out Now (Open Access): Heiderhoff/Queirolo (eds), EU and Private International Law: Oper Questions in Family Law, Contracts, and Torts

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A new volume coming out of the Programme in European Private Law for Postgraduates (PEPP) has just been published as part of the Scritti di diritto privato europeo ed internazionale series.

The table of contents can be found here; the full volume is available open access here.