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CJEU, Case C-540/24, Cabris Investment: Jurisdiction Clause in Favour of EU Court is Subject to Art. 25 Brussels Ia even if both Parties are Domiciled in the Same Third State

By Salih Okur, University of Augsburg

On 9 October 2025, the CJEU, in Case C-540/24 (Cabris Investment), had to decide whether Art. 25 Brussels Ia applies to “an agreement conferring jurisdiction in which the contracting parties, who are domiciled in the United Kingdom and therefore (now) in a third State, agree that the courts of a Member State of the European Union are to have jurisdiction over disputes arising under that contract, falls within the scope of that provision, even if the underlying contract has no further connection with that Member State chosen as the place of jurisdiction.“

Unsurprisingly, the Court held that it does.

Read more

Pre-print article on SSRN on “Mirin” and the Future of Cross-Border Gender Recognition

I recently published the pre-print version of an article on SSRN that was accepted by the International Journal of Law, Policy and the Family. The article is called ““Mirin” and Beyond: Gender Identity and Private International Law in the EU“. The article is part of a special issue dealing with questions of gender identity that (probably) will come out at the beginning of 2026.

As it deals with matters of private international law (regarding gender identity) and the CJEU decision “Mirin”, I thought it might be interesting for the readers of this blog to get a short summary of the article. If it sparks your interest, of course, I would be glad if you consider reading the whole text – and to receive feedback and further thoughts on this topic. 🙂

Draft General Law on Private International Law aims to bring Brazil from the 19th into the 21st century

Guest post by Gustavo Ferraz de Campos Monaco, Full Professor of Private Internacional Law – University of São Paulo

In Brazilian law, the regulation of conflicts of laws is still based on a legislation from 1942, during a dictatorial regime, which explains its inspiration from the Italian fascist regime. The values prevailing in Brazilian society back then were quite different from those we hold today, especially in matters concerning family relationships. At that time, the family unit was viewed as having a single domicile, and questions related to the definition of parenthood were unthinkable outside traditional presumptions.

On at least two occasions over the past 83 years, attempts to draft new regulations were undertaken by leading figures in the field – Haroldo Valladão, Jacob Dolinger, and João Grandino Rodas – but both initiatives failed during the process, without the Plenary of the Legislative Houses having expressed an opinion on the merits of the projects. Read more

News

AAPrIL’s November seminar: Mary Keyes on Jurisdiction Agreements in International Family Litigation

This week, the Australasian Association of Private International Law (AAPrIL) is co-hosting a free online seminar on ‘Jurisdiction Agreements in International Family Litigation’, to be presented by Professor Mary Keyes of Griffith University.

The seminar will be held online and in-person at UniSQ, Toowoomba, Queensland.  The details are:

Online (Zoom): Wednesday 26 November 2025, 12.30 to 1.30pm AEST.* 

In-person: Wednesday 26 November 2025, 12.30 to 1.30pm AEST, Wonderley & Hall Moot Court, Room Q420, Toowoomba Campus, University of Southern Queensland.

Please register by the details in the attached flyer:

Flyer_UniSQ and AAPrIL Seminar 2025-4

*Note the times given are in Australian Eastern Standard Time (UTC+10).

[Out Now!] Sooksripaisarnkit and Garimella on Legal Challenges of China’s One Belt One Road Initative: Private International Law Considerations

This note was kindly prepared by Dr. Poomintr Sooksripaisarnkit.

A new book Legal Challenges of China’s One Belt One Road Initative: Private International Law Considerations edited by Dr Poomintr Sooksripaisarnkit and Dr Sai Ramani Garimella has now been released by Routledge.

This book is a sequel to the book China’s One Belt One Road Initiative and Private International Law which was published by Routledge in 2018.

Here is the publisher’s blurb:

“This book covers new legal developments of the One Belt One Road (OBOR) project and assesses how litigation may be organised to enforce and compensate for defaults for its related initiatives.

This book is structured into five themes, consisting of essays which assess the decade of BRI’s existence in the context of international economic engagement and the rule of law, private international law, dispute resolution mechanisms – including mediation and judgment mobility. The chapters in the book strike new ground and cover recent developments such as the establishment of China’s International Commercial Court, engagements in multiple Belt and Road Initiative (BRI) construction and investment projects.

The book will be of interest to researchers, academics, policymakers and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies and the politics of international trade”.

The table of contents and contributors include:

Poomintr Sooksripaisarnkit and Sai Ramani Garimella: Current Developments of the One Belt One Road Project and the Emerging Private International Law Issues

Dilini Pathirana: Sri Lanka’s Loan Agreements with China under the BRI: A Reflection of Selected Infrastructure Project-Related Loans

Atul Alexander: China and Foreign State Immunity Law: Legal Implications on State-Owned Entities

Mark McLaughlin: Global Standards, Local Realities: An Analysis of Singapore Convention on Mediation in the Context of Chinese State-Owned Enterprises

Zhengxin Huo: China’s International Commercial Court and Their Operation

Beligh Elbalti: Choice of Law in Contracts and Foreign Law before MENA Arab Courts from the Perspective of Belt and Road Initiative

Anna Wysocka-Bar: Circulation of Judgments Between EU Member States and China: A Path Through Complicated Framework Examined on the Example of Poland

Nobumichi Teramura: Recognition and Enforcement of Chinese judgments in Cambodia: Uncertain Foundations of the Rigid Reciprocity Standard in Cambodian Law

Jie (Jeanne) Huang: Recognition and Enforcement of Chinese Judicially Confirmed Mediation Decisions Abroad: The Challenges of Finality

Poomintr Sooksripaisarnkit: Private International Law Dimensions of Blockchain-Based Bills of Lading

Poomintr Sooksripaisarnkit and Sai Ramani Garimella: Conclusion and Reflection

The book can be ordered directly from Routledge: https://www.routledge.com/Legal-Challenges-of-Chinas-One-Belt-One-Road-Initiative-Private-International-Law-Considerations/Sooksripaisarnkit-Garimella/p/book/9781032805733

Anyone can use the below discount code to obtain 20% discount (available until 31st March 2026:

The editors are in the process of planning a book launch event (online). Currently, it is scheduled on 26th January 2026 between 8:00 -9:00 p.m (Australian Eastern Daylight Time). Further details will be announced once the full programme of event is available.

Crossroads in Private International Law Webinar with on ‘the EU Anti-SLAPP Directive’ at the University of Aberdeen

The Centre for Private International Law & Transnational Governance of the University of Aberdeen is continuing its Crossroads in Private International Law webinar series with a talk by Birgit van Houtert (Maastricht University) and Francesca Farrington (University of Liverpool) titled ‘The EU Anti-SLAPP Directive – Comparative Perspectives on Implementation’:

The Centre for Private International Law & Transnational Governance invites you to our next Crossroads in PIL webinar. This session brings together experts on Anti-SLAPP legislation from the UK and the Netherlands to discuss the Anti-SLAPP Directive. With 6 months to go before the Directive’s implementation deadline, this webinar will take stock of emerging best practices and challenges in implementing the directive and flesh out some unresolved questions.

Dr Francesca Farrington (University of Liverpool) will introduce the challenges posed by cross-border SLAPPs, before discussing how the Directive’s provisions on jurisdiction and recognition and enforcement of foreign judgments respond to these challenges. While these provisions represent a positive development, they also leave a number of issues unresolved and raise concerns about the fragmentation of European private international law.

Dr Birgit van Houtert (Maastricht University) will address the Dutch draft act regarding the transposition of the Anti SLAPP Directive. She will focus in particular on the challenges concerning the implementation of Articles 16 and 17 of the Directive. These core private international law provisions aim to provide protection for SLAPP targets against third country proceedings and judgments.

The webinar will be chaired by Prof Justin Borg-Barthet (University of Aberdeen).

Additional information and the link to register can be found here.