Views
CJEU, Case C-540/24, Cabris Investment: Jurisdiction Clause in Favour of EU Court is Subject to Art. 25 Brussels Ia even if both Parties are Domiciled in the Same Third State
By Salih Okur, University of Augsburg
On 9 October 2025, the CJEU, in Case C-540/24 (Cabris Investment), had to decide whether Art. 25 Brussels Ia applies to “an agreement conferring jurisdiction in which the contracting parties, who are domiciled in the United Kingdom and therefore (now) in a third State, agree that the courts of a Member State of the European Union are to have jurisdiction over disputes arising under that contract, falls within the scope of that provision, even if the underlying contract has no further connection with that Member State chosen as the place of jurisdiction.“
Unsurprisingly, the Court held that it does.
Pre-print article on SSRN on “Mirin” and the Future of Cross-Border Gender Recognition
I recently published the pre-print version of an article on SSRN that was accepted by the International Journal of Law, Policy and the Family. The article is called ““Mirin” and Beyond: Gender Identity and Private International Law in the EU“. The article is part of a special issue dealing with questions of gender identity that (probably) will come out at the beginning of 2026.
As it deals with matters of private international law (regarding gender identity) and the CJEU decision “Mirin”, I thought it might be interesting for the readers of this blog to get a short summary of the article. If it sparks your interest, of course, I would be glad if you consider reading the whole text – and to receive feedback and further thoughts on this topic. 🙂
Draft General Law on Private International Law aims to bring Brazil from the 19th into the 21st century
Guest post by Gustavo Ferraz de Campos Monaco, Full Professor of Private Internacional Law – University of São Paulo
In Brazilian law, the regulation of conflicts of laws is still based on a legislation from 1942, during a dictatorial regime, which explains its inspiration from the Italian fascist regime. The values prevailing in Brazilian society back then were quite different from those we hold today, especially in matters concerning family relationships. At that time, the family unit was viewed as having a single domicile, and questions related to the definition of parenthood were unthinkable outside traditional presumptions.
On at least two occasions over the past 83 years, attempts to draft new regulations were undertaken by leading figures in the field – Haroldo Valladão, Jacob Dolinger, and João Grandino Rodas – but both initiatives failed during the process, without the Plenary of the Legislative Houses having expressed an opinion on the merits of the projects. Read more
News
Supreme Court of Canada to Hear Jurisdiction Appeal
Canada’s highest court does not grant leave to appeal in many cases involving private international law. In November 2025 it granted leave to appeal from NHK Spring Co., Ltd. v Cheung, 2024 BCCA 236, in which the British Columbia Court of Appeal agreed with the court below in holding that it had jurisdiction to hear a price fixing class action. The action is interesting because it involves what could be described as a “foreign” conspiracy that had effects within Canada.
The defendants are Japanese entities and the claim alleges that they conspired to fix the price of “suspension assemblies” which are a component of hard disk drives which are in turn a component of things like computers. The claim alleges that Canadians purchased products that contained these assemblies and because of the price fixing they paid more than they otherwise would have done.
PAX Moot – Deadline for registration is Friday 16 January 2026 at 23:59 CET
The PAX Moot 2026 Vladimir Koutikov Round is well underway. The case was published on 13 October 2025 and is available here. The deadline for registration is 16 January 2026 at 23:59 CET.
Save the date: The oral rounds will take place from 15 to 17 April 2026 in Sofia, Bulgaria.
27th Volume of the Japanese Yearbook of Private International Law (2025)
The 27th Volume (2025) of the Japanese Yearbook of Private International Law (JYPIL) (Kokusai Shiho Nenpo [Japanese]) published by the Private International Law Association of Japan (Kokusai Shiho Gakkai [Japanese]) (“PILAJ”) has recently been released.
This new volume features the following table of content.
The papers are published in Japanese; all links below direct to the papers’ English summaries.