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Brazil’s New Law on Forum Selection Clauses: Throwing the Baby out with the Bathwater?
This post was written by Luana Matoso, a PhD candidate and research associate at Max Planck Institute for Comparative and International Private Law in Hamburg, Germany.
Brazil has changed its law on international forum selection clauses. In June this year, a new statutory provision came into force, adding, unexpectedly, new requirements for their enforceability. In this attempt to redistribute domestic litigation, the Brazilian legislator may well have thrown out the baby, international forum selection clauses, with the bathwater.
Improving the settlement of (international) commercial disputes in Germany
This post was written by Prof. Dr. Giesela Rühl, LL.M. (Berkeley), Humboldt University of Berlin, and is also available via the EAPIL blog.
As reported earlier on this blog, Germany has been discussing for years how the framework conditions for the settlement of (international) commercial disputes can be improved. Triggered by increasing competition from international commercial arbitration as well as the creation of international commercial courts in other countries (as well as Brexit) these discussions have recently yielded a first success: Shortly before the German government coalition collapsed on November 6, the federal legislature adopted the Law on the Strengthening of Germany as a Place to Settle (Commercial) Disputes (Justizstandort-Stärkungsgesetz of 7 October 2024)[1]. The Law will enter into force on 1 April 2025 and amend both the Courts Constitution Act (Gerichtsverfassungsgesetz – GVG) and the Code of Civil Procedure (Zivilprozessodnung – ZPO)[2] with the aim of improving the position of Germany’s courts vis-à-vis recognized litigation and arbitration venues – notably London, Amsterdam, Paris and Singapore. Specifically, the new Law brings three innovations. Read more
New Zealand Court of Appeal allows appeal against anti-enforcement injunction
Introduction
The New Zealand Court of Appeal has allowed an appeal against a permanent anti-suit and anti-enforcement injunction in relation to a default judgment from Kentucky, which the plaintiff alleged had been obtained by fraud: Wikeley v Kea Investments Ltd [2024] NZCA 609. The Court upheld the findings of fraud. It also did not rule out the possibility of an injunction being an appropriate remedy in the future. However, the Court concluded that an injunction could only be granted as a step of last resort, which required the plaintiff to pursue its right of appeal against the Kentucky judgment.
The background to the case is set out in a previous post on this blog (see also here). In summary, the case involved allegations of “a massive worldwide fraud” perpetrated by the defendants — a New Zealand company (Wikeley Family Trustee Ltd), an Australian resident with a long business history in New Zealand (Mr Kenneth Wikeley), and a New Zealand citizen (Mr Eric Watson) — against the plaintiff, Kea Investments Ltd (Kea), a British Virgin Islands company owned by a New Zealand businessman. Kea alleged that the US default judgment obtained by WFTL was based on fabricated claims intended to defraud Kea. Kea claimed tortious conspiracy and sought a world-wide anti-enforcement injunction, which was granted by the High Court, first on an interim and then on a permanent basis. Wikeley, the sole director and shareholder of WFTL, appealed to the Court of Appeal.
The Court of Appeal allowed the appeal against the grant of the injunction. At the same time, it upheld the High Court’s declarations that the Kentucky default judgment was obtained by fraud and that it was not entitled to recognition or enforcement in New Zealand. It also upheld the High Court’s damages award (for legal costs incurred in overseas proceedings in defence of the tortious conspiracy). Read more
News
Out Now: The 50th anniversary of the first Inter-American specialized conference on private international law. The future of private international law in the Americas by Dante Mauricio Negro Alvarado
The Department of International Law (Secretariat for Legal Affairs) of the Organization of American States (OAS) has just published in essay form the lectures delivered during the 49th Course on International Law, which was held on 5 -16 August 2024. For more information, click here.
The book features the following piece: The 50th anniversary of the first Inter-American specialized conference on private international law. The future of private international law in the Americas by Dante Mauricio Negro Alvarado (in English, p. 295-335). This is a must-read for Private International Law academics and lawyers from the region and beyond. Read more
Call for Abstracts – Emerging Voices in Private International Law (Asser Institute)
Post prepared by Eduardo Silva de Freitas, PhD researcher Erasmus University Rotterdam and junior researcher at the Asser Institute
As part of its 60th anniversary celebrations, the T.M.C. Asser Institute invites abstracts for the panel “Emerging Voices in Private International Law”, to be held on 24 October 2025 in The Hague, at the conference Adapting Private International Law in an Era of Uncertainty.
The panel will feature two early-career scholars (PhD candidates or postdoctoral researchers) presenting original work in the field. Selected participants will also contribute to a forthcoming volume in the Short Studies in Private International Law series.
To apply, please submit a 400-word abstract and brief personal details by 15 August 2025 (24:00 CET) to: e.silva.de.freitas@asser.nl
Full call for abstracts: https://www.asser.nl/media/797989/call-for-abstracts_pil_asser.pdf
Revue Critique de droit international privé – issue 2025/1
Written by Hadrien Pauchard (assistant researcher and doctoral student at Sciences Po Law School)
The first issue of the Revue Critique de droit international privé of 2025 has just been released. It gathers six contributions honouring Albert Armin Ehrenzweig and his legacy, as well as seven case notes and numerous book reviews.
The doctrinal part of the volume is devoted to the proceedings of the Albert Armin Ehrenzweig Conference organized in June 2024 at the University of Vienna, fifty years after the passing away of the great author. The contributions commemorate both the man and the scientist, testifying to the relevance of Albert A. Ehrenzweig’s scholarship to contemporary private international law. They are published in French in the printed version of the Revue (also available online here), and will be available shortly in English (here).