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Torts and Tourists in the Supreme Court of Canada
In Sinclair v Venezia Turismo, 2025 SCC 27 (available here) the Supreme Court of Canada has, by 5-4 decision, held that the Ontario court does not have jurisdiction to hear claims by Ontario residents against three Italian defendants in respect of a tort in Italy. The Sinclair family members were injured in a gondola collision in Venice that they alleged was caused by the Italian defendants. But there were several connections to Ontario. The trip to Italy had been booked by Mr Sinclair using a premium credit card’s concierge and travel agency service [4, 156] and the gondola ride had been arranged through that service [15, 160]. The card was with Amex Canada and one or more contracts connected to the gondola ride had been made in Ontario. The Sinclairs were also suing Amex Canada and the travel service for carelessness in making the arrangements with the Italian defendants, and those defendants attorned in Ontario [167, 172]. A core overall issue, then, was whether the plaintiffs would be able to pursue all of their claims arising from the gondola collision, against various defendants, in one legal proceeding in Ontario.
According to the French Cour de Cassation, the law applicable to the sub-purchaser’s direct action against the original seller depends on who brings the claim!
Written by Héloise Meur, Université Paris 8
In two rulings dated 28 May 2025, the French Cour de cassation (Supreme Court) ruled on the issue of the law applicable to a sub-purchaser’s direct action in a chain of contracts transferring ownership, under European private international law. The issue is sensitive. The contractual classification under French law —an outlier in comparative law— had not been upheld by the Court of Justice of the European Union (CJEU) to determine international jurisdiction under the Brussels system (CJEU, 17 June 1992, C-26/91, Jakob Handte). Despite CJEU’s position, the Cour de cassation had consistently refused to adopt a tort-based qualification to determine the applicable law (esp. Civ. 1st, 18 dec. 1990, n° 89-12.177 ; 10 oct. 1995, n° 93-17.359 ; 6 feb. 1996, n° 94-11.143 ; Civ. 3rd, 16 janv. 2019, n° 11-13.509. See also, Civ. 1st, 16 jan. 2019, n° 17-21.477), until these two rulings rendered under the Rome II Regulation.
“Towards an EU Law on International Commercial Arbitration?” A Sorbonne Law School Research Project
Written by Dr. Nima Nasrollahi-Shahri (Sorbonne Law School) and Vincent Bassani-Winckler (PhD Candidate, Sorbonne Law School), both authors participated in the Working Group.
A few days ago, the Sorbonne Law School released the final report of a collective research project chaired by Professors Mathias Audit and Sylvain Bollée, entitled “Towards an EU Law on International Commercial Arbitration?”.
Conducted within the IRJS (Institut de Recherche Juridique de la Sorbonne), and more specifically its research group on private international law, SERPI (Sorbonne – Étude des Relations Privées Internationales), this project sets out to examine whether and how to improve the relationship between commercial arbitration and EU law.
News
Crossroads in Private International Law Webinar with on ‘the EU Anti-SLAPP Directive’ at the University of Aberdeen
The Centre for Private International Law & Transnational Governance of the University of Aberdeen is continuing its Crossroads in Private International Law webinar series with a talk by Birgit van Houtert (Maastricht University) and Francesca Farrington (University of Liverpool) titled ‘The EU Anti-SLAPP Directive – Comparative Perspectives on Implementation’:
The Centre for Private International Law & Transnational Governance invites you to our next Crossroads in PIL webinar. This session brings together experts on Anti-SLAPP legislation from the UK and the Netherlands to discuss the Anti-SLAPP Directive. With 6 months to go before the Directive’s implementation deadline, this webinar will take stock of emerging best practices and challenges in implementing the directive and flesh out some unresolved questions.
Dr Francesca Farrington (University of Liverpool) will introduce the challenges posed by cross-border SLAPPs, before discussing how the Directive’s provisions on jurisdiction and recognition and enforcement of foreign judgments respond to these challenges. While these provisions represent a positive development, they also leave a number of issues unresolved and raise concerns about the fragmentation of European private international law.
Dr Birgit van Houtert (Maastricht University) will address the Dutch draft act regarding the transposition of the Anti SLAPP Directive. She will focus in particular on the challenges concerning the implementation of Articles 16 and 17 of the Directive. These core private international law provisions aim to provide protection for SLAPP targets against third country proceedings and judgments.
The webinar will be chaired by Prof Justin Borg-Barthet (University of Aberdeen).
Additional information and the link to register can be found here.
Launch of public consultation on a possible new HCCH convention
The Permanent Bureau of the HCCH is pleased to announce the launch of a public consultation on the Draft Text of a possible new convention on parallel proceedings and related actions, to be held from 18 November 2025 to 26 January 2026.
Experts, practitioners and judges from diverse legal traditions with experience in cross-border litigation and private international law more broadly are encouraged to participate in the consultation.
In 2021, the HCCH established a Working Group on matters related to jurisdiction in transnational civil or commercial litigation (WG), comprised of over 60 subject-matter experts from across the globe. The WG, after nine meetings, has developed a Draft Text containing provisions aimed at addressing parallel proceedings and related actions taking place in multiple States, acknowledging the primary roles of both jurisdictional rules and the doctrine of forum non conveniens. The objective of this future instrument would be to enhance legal certainty, predictability, and access to justice by reducing litigation costs and mitigating inconsistent judgments in transnational litigation in civil or commercial matters.
The public consultation seeks feedback on whether the Draft Text would, in practice, assist in addressing such matters and how the provisions in the Draft Text could be improved. The consultation is supported by a Consultation Paper comprising an Executive Summary, a detailed explanation of the key provisions and the operation of the Draft Text, and specific questions. Responses received from this consultation will be submitted to all HCCH Members for consideration in advance of the next meeting of the Council on General Affairs and Policy (CGAP), the governing body of the HCCH, in March 2026, at which the Members of the HCCH will decide on the next steps for the project.
For more information on the public consultation, please visit: https://www.hcch.net/en/projects/legislative-projects/jurisdiction/public-consultation
This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).
LEX and FORUM VOLUME I /2025
The sweeping pace of technological advancement and the accelerated transition to the digital realm are generating novel and complex challenges for the law. Established legal frameworks are increasingly being tested within the digital environment, where cutting-edge technologies — such as digital platforms and artificial intelligence — have come to play a decisive role in both social and economic activity.
Although the European Union may not yet have attained its full technological maturity, it stands at the forefront of confronting the legal implications of the digital era. The Union’s legislative agenda seeks to maintain a delicate equilibrium between, on the one hand, promoting innovation and technological development, and, on the other, safeguarding the fundamental rights of individuals while ensuring transparency and accountability among digital service providers. Read more