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Personal Jurisdiction, Consent, and the Law of Agency

I have long argued – in articles, blog posts, and amicus briefs – that it violates due process to invoke a forum selection clause to obtain personal jurisdiction over a defendant who was not a party to the agreement in which the clause appears. This position has not yet achieved universal acceptance. The state courts in New York, in particular, have repeatedly held that forum selection clauses can be used to assert personal jurisdiction over non-party defendants who are “closely related” to the parties or the transaction. In this blog post, I use a recent case—Bandari v. QED Connect Inc.—decided by Magistrate Judge Gary Stein (SDNY) to highlight some of the problems with the “closely related” test. Read more

Can a Seat Court Injunct a Foreign Non-Party to an Arbitration? Singapore High Court clarifies in Alphard Maritime v Samson Maritime (2025) SGHC 154

This guest post is posted on behalf of Kamakshi Puri, Senior Associate at Cyril Amarchand Mangaldas, Delhi, India, and dual-qualified lawyer (India and England and Wales).

The Singapore High Court recently clarified the scope of the court’s jurisdiction over foreign non-parties to the arbitration. In an application to set aside two interim injunctions, in Alphard Maritime Ltd. v Samson Maritime Ltd. & Ors. (2025) SGHC 154,[1] the court held that the the seat per se did not confer jurisdiction against non-parties to an arbitration, and that jurisdiction would first have to be established through regular service-out procedures before the seat court could grant an injunction against a non-party.

  Read more

AI in Arbitration: Will the EU AI Act Stand in the Way of Enforcement?

This guest post was written by Ezzatollah Pabakhsh, Master’s Student at the University of Antwerp

The European Union has taken an unprecedented step by regulating artificial intelligence (AI) through the EU AI Act, which is the world’s first comprehensive legal framework for AI governance. According to Recital 61, Article 6(2) and Annex III, 8(a), AI tools used in legal or administrative decision-making processes—including alternative dispute resolution (ADR), when used similarly to courts and producing legal effects—are considered high risk. These tools must comply with the strict requirements outlined in Articles 8 through 27. Read more

News

Webinar Data protection and collective actions – 19 December

On 19th December 2025, from 10-12 CET, the European Civil Justice Centre hosts a webinar on Data protection and collective actions from a US, European and cross-border perspective.

The fast-paced development of digital technologies, and the massive, cross-border, global dimension of the processing of personal data in the Internet, have necessitated the collective enforcement of data protection rights.

This seminar delves into developments in European collective actions, mass violations of data subjects’ rights, and the use of collective actions for the protection of supra-individual and homogeneous interests in Europe and the US, and aspects of cross-border litigation.

The focus of the seminar will the research conducted by Marina Federico (Naples University) for her book Protezione dei dati personali e tutela collettiva published in 2024.

Registration for free on Eventbrite here.

Program

10.00 Xandra Kramer (Erasmus University Rotterdam/European Civil Justice Centre) – Opening and welcome

10.05 Stefaan Voet (KU Leuven/ European Civil Justice Centre) – Introduction: Developments in European collective redress

10.25 Marina Federico (University of Naples “Parthenope”) – Data protection and collective actions. Itineraries of legal comparison in Europe and the United States

11.00 Eduardo Silva de Freitas (TMC Asser Institute/Erasmus University Rotterdam) – An Apple a day won’t keep litigation away: private international law’s new path for collective data protection claims

11.15 Discussion, moderated by Stefaan Voet

Job Offer: Research Fellow at Bucerius Law School, Hamburg

Henrike von Scheliha (Bucerius Law School) is currently looking to hire a Research Fellow (with the option to prepare a PhD thesis under her supervision) in German Family and/or Succession Law.

More information is available here.

Call for papers: Australasian Association of Private International Law Conference 2026

The second annual conference of the Australasian Association of Private International Law will be held from Friday 17 to Saturday 18 April at Ashurst’s offices in Sydney, New South Wales, Australia, sponsored by Ashurst.

We are pleased to invite the submission of paper proposals for the conference on any aspect of private international law, broadly understood.  This includes issues of jurisdiction, choice of law, the recognition and enforcement of foreign judgments (including how they relate to cross-border issues within a federation), and all areas of private law that raise cross-border and transnational issues.

Paper proposals should be made on this form by Friday 30 January 2026. We also welcome panel proposals. Please email m.keyes@griffith.edu.au if you have a proposal for a panel. Proposed presenters on any panel will be required to submit individual paper proposals.

We welcome anyone interested in private international law, including from the judiciary, legal practice, government, and the academy, from any jurisdiction.  Attendees, including presenters, will be required to pay a registration fee. A conference dinner will be held on the evening of Friday 17 April, at an additional cost.

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