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A Plea for Private International Law
A new paper by Michael Green, A Plea for Private International Law (Conflict of Laws), was recently published as an Essay in the Notre Dame Law Review Reflection. Michael argues that although private international law is increasingly important in our interconnected world, it has fallen out of favor at top U.S. law schools. To quote from the Essay:
Private international law has not lost its jurisprudential import. And ease of travel, communication, and trade have only increased in the last century. But in American law schools (although not abroad), private international law has started dropping out of the curriculum, with the trend accelerating in the last five years or so. We have gone through US News and World Report’s fifty top-ranked law schools and, after careful review, it appears that twelve have not offered a course on private international law (or its equivalent) in the last four academic years: Arizona State University, Boston University, Brigham Young University, Fordham University, University of Georgia, University of Minnesota, The Ohio State University, Pepperdine University, Stanford University, University of Southern California, Vanderbilt University, and University of Washington. And even where the course is taught, in some law schools—such as Duke, New York University, and Yale—it is by visitors, adjuncts, or emerita. It is no longer a valued subject in faculty hiring.
CJEU’s first ruling on the conformity of asymmetric jurisdiction clauses with the Brussels I recast regulation and the 2007 Lugano Convention
by Guillaume Croisant, Claudia Cavicchioli, Nicole Rölike, Alexia Kaztaridou, and Julie Esquenazi (all Linklaters)
In a nutshell: reinforced legal certainty but questions remain
In its decision of yesterday (27 February 2025) in the Lastre case (Case C-537/23), the Court of Justice of the European Union (CJEU) handed down its long-awaited first judgment on the conformity of asymmetric jurisdiction clauses with the Brussels I recast regulation and the 2007 Lugano Convention.
The Court ruled that the validity of asymmetric jurisdiction clauses is assessed in the light of the autonomous rules of Article 25 of the regulation (rather than Member States’ national laws) and confirmed their validity where the clause can be interpreted as designating courts of EU or Lugano States.
This decision dispels some of the previous uncertainties, particularly arising from the shifting case law of the French Supreme Court. The details of the decision and any possible impact, in particular the requirement for the clause to be interpreted as designating courts of EU or Lugano States, will need to be analysed more closely, but on the whole the CJEU strengthened foreseeability and consistency regarding unilateral jurisdiction clauses under the Brussels I regulation and the Lugano convention.
Besides other sectors, this decision is of particular relevance in international financing transactions, including syndicated loans and capital markets, where asymmetric jurisdiction clauses in favour of the finance parties have been a long-standing practice.
Going International: The SICC in Frontier Holdings
By Sanjitha Ravi, Jindal Global Law School, OP Jindal Global University, Sonipat, India
The Singapore International Commercial Court (“SICC”) in Frontier Holdings Ltd v. Petroleum Exploration (Pvt) Ltd overturned a jurisdictional ruling by an International Chamber of Commerce (“ICC”) arbitral tribunal, holding that the tribunal did, in fact, have jurisdiction to hear the dispute. The SICC’s decision focused on interpreting the arbitration provisions in the Petroleum Concession Agreements (“PCAs”) and Joint Operating Agreements (“JOAs”), which had created ambiguity regarding whether disputes between foreign parties, i.e., Foreign Working Interest Owners (“FWIOs”), and Pakistan parties, i.e., Pakistani Working Interest Owners (“PWIOs”), were subject to international arbitration. The arbitral tribunal, by majority, had concluded the PCAs restricted ICC arbitration to disputes between FWIOs inter se or between FWIOs and the President of Pakistan, thereby excluding disputes between FWIOs and PWIOs. The SICC rejected this reasoning and concluded that the provisions should be applied with necessary modifications to fit the JOAs’ context by conducting an in-depth construction of the dispute resolution provisions of the different agreements involved. The court found that a reasonable interpretation of these provisions indicated an intention to submit FWIO-PWIO disputes to ICC arbitration rather than Pakistani domestic arbitration. Read more
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The EAPIL Winter School 2026: Values in Private International Law
As has become tradition, the European Association of Private International Law (EAPIL) will be hosting a Winter School in Como, from 2 to 6 February 2026. The general topic of the upcoming edition is Values in Private International Law.
The teaching staff will consist of Laura Carpaneto (University of Genoa), Javier Carrascosa González (University of Murcia), Maria Asunción Cebrian Salvat (University of Murcia), Gilles Cuniberti (EAPIL President, University of Luxembourg), Sara De Vido (Ca’ Foscari University of Venice), Stefano Dominelli (University of Genova), Cristina González Beilfuss (University of Barcelona), Thomas Kadner Graziano (University of Geneva), Eva Maria Kieninger (University of Würzburg), Silvia Marino (University of Insubria and coordinator of the Winter School), Johan Meeusen (University of Antwerp), Nadia Rusinova (The Hague University, Attorney at law), Veronica Ruiz Abou-Nigm (University of Edinburgh), Erik Sinander (Stockholm University), Sara Tonolo (University of Padua), Geert van Calster (KU Leuven), Hans van Loon (HCCH Former Secretary General), and Anna Wysocka-Bar (Jagiellonian University in Kraków).
The University of Insubria will host the 2026 edition, as it did in 2024 and 2025 (see here and here), in cooperation with University of Murcia and the Jagiellonian University in Kraków.
Those interested in attending the Winter School must apply by 20 January 2026 by completing the online form available here.
More information is available here.
New Volume of the Japan Commercial Arbitration Journal – Vol. 6 [2025]
The Japan Commercial Arbitration Association (JCAA), one of the oldest international arbitration institutions in the world founded in 1950, has published the 6th Volume of its annual journal on commercial arbitration: Japan Commercial Arbitration Journal.
The journal features articles on international commercial arbitration, mediation, and litigation related to Japan. These articles are authored by prominent scholars and experienced practitioners who are well-versed in the resolution and prevention of international commercial disputes.
The Japan Commercial Arbitration Journal is particularly valuable for non-Japanese readers, including foreign researchers and practitioners, as it provides insights into Japan’s approach to international dispute resolution. By offering comprehensive analysis and updates on arbitration, mediation and litigation practices in Japan, the journal helps bridge the knowledge gap for those working in international commercial law. Access to this information is essential for professionals seeking to understand the nuances of Japanese legal procedures and effectively engage with Japan in cross-border commercial matters. Read more
Legal Internships at the HCCH
Applications are now open for three- to six-month legal internships at the headquarters of the Permanent Bureau of the Hague Conference on Private International Law (HCCH) in The Hague, for the period from January to June 2026!
Interns work with our legal teams in the Family and Child Protection Law Division, the Transnational Litigation and Apostille Division, and the Commercial, Digital and Financial Law Division. Duties may include carrying out research on particular points of private international law and/or comparative law, taking part in the preparation of HCCH meetings, and contributing to the promotion of the HCCH and its work.
Applications should be submitted by Friday, 31 October 2025 at 18.00 (CET). For more information, please visit the Internships Section of the HCCH website.
This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).
