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Foreign Judgments and Indirect Jurisdiction in Dubai (UAE): One Step Forward, One Step Back?
I. Introduction:
In 2024, the Dubai Supreme Court rendered a significant decision on the issue of indirect jurisdiction under UAE law. Commenting on that decision (see here), I noted that it offered “a welcome, and a much-awaited clarification regarding what can be considered one of the most controversial requirements in the UAE enforcement system” (italic in the original).
The decision commented on here touches on the same issue. Yet rather than confirming the direction suggested in the above-mentioned decision, the Court regrettably reverted to its prior, more restrictive approach. This shift raises doubts about whether a consistent jurisprudence on indirect jurisdiction is taking shape, or whether the legal framework remains fragmented and unpredictable.
Enforceability Denied! When the SICC’s Authority Stopped at India’s Gate
Written by Tarasha Gupta, BALLB (Hons), Jindal Global Law School, and Saloni Khanderia, Professor, Jindal Global Law School (India)
The Singapore International Commercial Court (“SICC”) has become a preferred hub for hearing litigation and arbitration of international commercial disputes. Accordingly, many decisions from the SICC require recognition and enforcement in India.
In this light, a recent judgment from the Delhi High Court (“HC”) is a significant development providing relief to those wishing to enforce the SICC’s judgments in India. In Discovery Drilling Pte Ltd v. Parmod Kumar & Anr,[1] the HC has held that the SICC is a superior court under Section 44A of the Code of Civil Procedure, 1908 (“CPC”). As a result, its judgments can be directly executed in India. That said, the HC ultimately held the judgment in question to be unenforceable, as it failed to meet the tests in Section 13 of the CPC.
This article breaks down the arguments and legal context behind the HC’s judgment. It also highlights how the case demonstrates flaws in India’s regime, which create difficulties not just for creditors trying to enforce foreign judgments in India, but also in enforcing India’s judgments abroad. Read more
Sovereign Immunity and the Enforcement of Investor–State Arbitration Awards: Lessons from Devas V. India in Australia, The United Kingdom and India
Written by Samhith Malladi, Dual-qualified lawyer (India and England & Wales), and Senior Associate, Shardul Amarchand Mangaldas [Bombay office]; and Niyati Gandhi, Partner, Dispute Resolution, Shardul Amarchand Mangaldas [Bombay office]
The Recalibration of Enforcement Doctrine
The global campaign to enforce arbitral awards against the Republic of India arising from its long-running dispute with Devas Multimedia has witnessed a significant doctrinal shift in the treatment of sovereign immunity within the enforcement of investor–state dispute settlement (ISDS) awards.
To recall, the dispute arises from a contract entered in 2005 between Devas Multimedia Private Limited (Devas) and the Indian state-owned Antrix Corporation (Antrix), which was the commercial arm of the Indian Space Research Organisation. Antrix had agreed to lease S-band spectrum to Devas to broadcast its multimedia services in India. Antrix terminated this contract in 2011 citing national security concerns. In a nutshell, the dispute spawned three concluded arbitrations – a commercial ICC arbitration between Devas and Antrix and two investor-state arbitrations between Devas’ shareholders and India under the India-Mauritius Bilateral Investment Treaty (BIT) 1998 and the India-Germany BIT 1995. In 2022, Devas’ Mauritian shareholders commenced another investor-state arbitration against India under the India-Mauritius BIT in relation to India’s efforts to thwart the award against Antrix in the ICC arbitration, which currently remains pending before the Permanent Court of Arbitration. An overview of the various proceedings arising from this dispute has been previously discussed on this blog here. Read more
News
Public consultation on a possible new HCCH convention
Just 10 days left to participate in the public consultation on the Draft Text of a possible new HCCH convention on parallel proceedings and related actions!
The public consultation, launched on 18 November 2025, will close on 26 January 2026 at 9.00 a.m. CET. 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).
International Society of Family Law (ISFL) World Conference 2026 – Istanbul
The 19th World Conference of the International Society of Family Law (ISFL) will take place in Istanbul, Türkiye, from 9 to 12 September 2026. The conference will be hosted by Pîrî Reis University at its Marine Campus in Tuzla, offering a distinctive coastal setting for this major event.
The theme of the conference is “Family Law & Vulnerability.”
The conference will explore how family law engages with different forms of vulnerability across diverse legal systems and social contexts. Contributions addressing the theme from comparative, interdisciplinary, theoretical or practice-oriented perspectives are welcomed.
The deadline for abstract submission has been extended to 20 February 2026. Abstracts may be submitted for paper presentations (including jointly authored papers) as well as for organized panels. Detailed submission guidelines are available on the conference website.
Conference registration will open in late February 2026. Registration fees for participation in the scientific program are as follows:
- ISFL members: €400 (early bird) / €450 (regular)
- Non-members: €500 (early bird) / €550 (regular)
- Participants from low-income countries: €250 (early bird) / €300 (regular)
The early bird rates will apply until 1 May 2026. Registration fees cover access to the scientific sessions of the conference; social events will be subject to separate registration and fees.
The conference venue, Tuzla, is located on the Asian side of Istanbul and is conveniently close to Sabiha Gökçen International Airport, which serves numerous international and domestic flights. Tuzla is well connected to other parts of the city by public transport.
A list of recommended hotels on the Asian side of Istanbul will be published on the conference website in due course, providing a range of accommodation options with convenient access to the venue by public transport.
Further information on registration procedures, accommodation and the conference program will be made available on the official conference website: www.isfl2026.org.
Marola on International Jurisdiction over Infringements of Personality Rights in EU Private International Law: Book Review
Giacomo Marola’s International Jurisdiction over Infringements of Personality Rights in EU Private International Law (2025 Wolters Kluwer) addresses a deceptively simple but persistently debated question: where should a claimant be entitled to sue when reputation, privacy, or personal data are infringed across borders? As the book makes clear from the outset, this question lies at the intersection of private international law, fundamental rights, and the realities of online communication. Personality rights disputes are structurally conflictual, typically opposing the protection of moral integrity to freedom of expression, while the Internet continues to strain jurisdictional rules built around territorial connecting factors. Against this backdrop, the book offers a timely and systematic assessment of the EU framework.
Chapter I constitutes the analytical core of the work. It provides a detailed examination of Article 7(2) of the Brussels I-bis Regulation and the Court of Justice’s case law on the ‘place of the harmful event’ in personality rights disputes. From Shevill to eDate Advertising, Bolagsupplysningen, Mittelbayerischer and Gtflix, Marola carefully examines the construction of locus actus and locus damni, focusing in particular on the publisher’s place of establishment, the persistence of the ‘mosaic’ approach, and jurisdiction based on the victim’s centre of interests. The chapter goes beyond doctrinal reconstruction by assessing these solutions against the objectives of proximity, predictability, and procedural balance, and by advancing a well-argued proposal de lege ferenda.
Chapter II places the EU approach in comparative perspective through an analysis of US jurisdictional doctrine in defamation and online tort cases. By retracing the path from Keeton and Calder to the rise and decline of the Zippo test and the renewed prominence of the ‘effects’ doctrine, the chapter sheds light on both convergences and structural differences. In doing so, it provides a useful corrective to overly enthusiastic transatlantic borrowings sometimes found in the European literature.
The final chapter turns to the General Data Protection Regulation and its interaction with the Brussels I-bis Regulation. Chapter III examines both public and private enforcement mechanisms, with particular attention to Article 79 GDPR and its implications for jurisdictional choice in data protection litigation. By integrating GDPR disputes into the broader analysis of personality rights, the book captures an increasingly central area of cross-border litigation.
Overall, the monograph combines doctrinal precision, critical insight, and pragmatic proposals, making it a valuable contribution for scholars and practitioners engaged with jurisdictional questions at the crossroads of EU private international law and fundamental rights.