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French Supreme Court upholds asymmetric jurisdiction clauses in Lastre follow-up
by Jean-Charles Jais, Guillaume Croisant, Canelle Etchegorry, and Alexia Kaztaridou (all Linklaters)
On 17 September 2025, the French Cour de cassation handed down its decision on the Lastre case. This followed a landmark preliminary ruling of February 2025 from the CJEU, which laid out the conditions for a valid asymmetric jurisdiction clause under article 25 of the Brussels I recast regulation.
Asymmetric jurisdiction clauses allow one party to initiate proceedings in multiple courts or any competent court, while the other party has fewer options or is restricted to a specific jurisdiction. Such clauses are common in financial agreements (read more in our previous blog post here).
In the latest development of the Lastre case in France, the French Supreme Court opted for a pro-contractual autonomy stance, favouring the validity of asymmetric jurisdiction clauses.
Using Foreign Choice-of-Law Clauses to Avoid U.S. Law
Can private actors utilize choice-of-law clauses selecting the laws of a foreign country to avoid laws enacted by the United States? In this post, I argue that the answer is a qualified yes. I first examine situations where the U.S. laws in question are not mandatory. I then consider scenarios where these laws are mandatory. Finally, the post looks at whether private parties may rely on foreign forum selection clauses and foreign choice-of-law clauses—operating in tandem—to avoid U.S. law altogether.
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Civil Personal Status Law Litigation in the UAE – Between Lofty Ideals and Sour Realities
I. Introduction
It is not uncommon for scholars to debate whether private international law is needed as a distinct discipline, and whether it is truly indispensable. After all, could one not save the effort and complexity of applying foreign law by simply treating all cases as purely domestic? From a theoretical standpoint, the answer is yes, since no State is under an inherent obligation to apply foreign law. Yet, such an approach entails serious shortcomings, particularly when it comes to respecting vested or acquired rights, meeting the legitimate expectations of the parties, and fostering cross-border commerce. It follows that the costs of refusing to recognize and apply foreign law are far greater than the difficulties associated with maintaining a system of private international law. It is therefore unsurprising that private international law has established itself as a common language for managing the legal diversity inherent in transnational relations. Read more
News
Call for Chapters: Digitalisation of Justice
Dr. Benedikt Schmitz (University of Groningen), the editor of an upcoming edited volume called ‘Digitalisation of Justice: Perspectives from Germany and the Netherlands’, has kindly shared this Call for Chapters with us. The volume will be published by Springer.
Call for Abstracts for Emerging Scholars: Digitalisation of Justice, University of Groningen, 29 May 2026
Dr. Benedikt Schmitz (University of Groningen), the organiser of the upcoming symposium ‘Digitalisation of Justice: Perspectives from Germany and the Netherlands’, has kindly shared this Call for Abstracts for emerging scholars with us.
Save the date: 11th Journal of Private International Law Conference, 1–3 April 2027 in Zurich
With the 10th Journal of Private International Law Conference successfully concluded, preparations for the next, 11th Journal of Private International Law Conference in Zurich are already underway. 
Please save the date: 1–3 April 2027.
The conference organizers Tanja Domej (University of Zurich) and Christiane von Bary (University of Zurich), and the editors of the Journal, Paul Beaumont (University of Stirling) and Jonathan Harris (King’s College London), are looking forward to welcoming you in Switzerland!