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CC BY SA 3.0 ComQuat Wikimedia CommonsClimate Litigation Before the German Federal Court of Justice – “Too Complex” for Private Law instruments?
Written by Marc-Philippe Weller, Carolina Radke, and Marianna Dänner (all Heidelberg University)
On 2 March 2026, the German Federal Court of Justice (Bundesgerichtshof; “BGH”) held an oral hearing in two proceedings concerning the civil liability of companies regarding climate change. The authors of this blog post attended the hearing as members of the audience.
The German NGO Deutsche Umwelthilfe (DUH) is suing the car manufacturers BMW and Mercedes Benz, requesting a legal order obliging both companies to refrain from placing combustion engine cars on the market beyond 2030. These two proceedings join the club of (strategic) climate change lawsuits in Germany. Crucially, they are the first of their kind based on tort law to reach the German Federal Court of Justice. Accordingly, the hearing was eagerly awaited by many. The decision, which will be rendered on 23 March 2026, will undoubtedly have an impact on future climate lawsuits.
While no issues of international jurisdiction or applicable law arose in the proceedings in question – as all Parties are seated in Germany –, the judgment of the BGH could further motivate foreign parties to bring claims against German companies, thereby giving rise to questions of international jurisdiction and the applicable law (see for more details Weller/Weiner, Corporate Climate Liability in Private International Law, in: Japanese Yearbook of Private International Law, Vol. 26 (2024), 2). In this context, one may refer to the deliberations of the Higher Regional Court (OLG) Hamm in Lliuya against RWE (OLG Hamm, 28. Mai 2025, 5 U 15/17).
Brazilian Ruling Recognises US Name Change
Written by Prof Dr João Costa-Neto, Assistant Professor, Faculty of Law, University of Brasília
and Dr Pedro Pagano Payne, Academic Assistant, Faculty of Law, University of Brasília
In April 2025, the highest chamber (Corte Especial) of the Brazilian Superior Court of Justice (STJ), under Justice Maria Isabel Gallotti as rapporteur, ruled on 
‘Recognition of a Foreign Judgment’ (HDE) no. 7.091/EX. The case concerned the recognition of a United States ruling changing the last name of a Brazilian national who had acquired US nationality. The Plaintiff sought recognition of (i) his US naturalisation and (ii) a ruling of the Supreme Judicial Court of Suffolk County, Massachusetts, which changed his name from ‘Ariosto Mateus de Menezes’ to ‘Matthew Windsor’. Read more
Anti-Arbitration Injunction in Foreign-Seated Arbitrations: The Delhi High Court’s Controversial Intervention in Engineering Projects (India) Limited v. MSA Global LLC (Oman)
This post is posted on behalf of Arnav Sharma, Jindal Global Law School, Sonipat, India
Introduction
On 25th July 2025, a single judge bench of the Delhi High Court delivered a judgment in Engineering Projects (India) Limited v. MSA Global LLC (Oman) in CS (OS) 243 of 2025[1] that has stirred considerable discourse in international arbitration circles. The fundamental question at issue in the instant case was whether an Indian Court can grant an anti-arbitration injunction to stay proceedings in a foreign-seated arbitration on grounds of the proceedings turning oppressive and vexatious due to procedural impropriety, notwithstanding internationally well-settled principles of minimal judicial intervention, party autonomy, and lex arbitri that govern international commercial arbitration? The Delhi High Court answered in the affirmative, holding that Indian civil courts possess inherent power under Section 9 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) to intervene under exceptional circumstances where the arbitral process itself becomes a vehicle of abuse.
News
TDM Call for Papers: Special Issue on “International Arbitration and the Space Industry”
Transnational Dispute Management (TDM) has kindly shared the following Call for Papers with us.
We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120, www.transnational-dispute-management.com) special issue on “International Arbitration and the Space Industry.”
This Special Issue will be edited by Alexandra van der Meulen, Kate Gough, Joshua Kelly, Annie Pan and Veronika Timofeeva (Freshfields LLP).
14th International Forum on the e-APP: Registration open!
The Permanent Bureau (PB) is pleased to announce that registration is now open for participation in the 14th International Forum on the electronic Apostille Programme (e-APP Forum), which will take place on Tuesday 12 and Wednesday 13 May 2026 in Marrakesh, Morocco. To be held for the first time in Africa, this edition of the e-APP Forum will be organised by the HCCH’s Regional Office for Africa, with the support of the Ministry of Justice of Morocco. The Forum will be conducted in English, French, and Arabic, with simultaneous interpretation provided.
Since its launch in 2006, the e-APP has become an integral part of the operation of the Apostille Convention. The e-APP has two electronic components: an e-Apostille and an e-Register, which, over the past twenty years, have been instrumental in ensuring the practical, effective, and secure operation of the Apostille Convention amid constant technological development.
The e-APP Forum gathers experts and stakeholders from around the world. The Forum will provide a unique international platform for governments, organisations, and the private sector to learn more about the benefits of the e-APP, to promote its effective implementation, and to discuss the latest developments in relation to the e-APP worldwide.
Interested persons should register via this form no later than Friday 1 May 2026, 5.00 p.m. (CEST). Participation in the Forum is free of charge. However, participants are required to make their own travel and hotel arrangements and cover all related costs if participating in person. Please note that in-person seats will be allocated on a first-come, first-served basis and will be confirmed via e-mail by the PB.
For more information on the e-APP Forum, please visit the dedicated page on the HCCH website. A draft Agenda is available on the HCCH website and will be updated as panellists are confirmed.
For further information on the Apostille Convention and the e-APP, please visit the Apostille Section of the HCCH website.
Call for papers – fourth edition of their Decolonial Comparative Law Workshop series
This post is posted on behalf of Kwamou FEUKEU Eva, Head of the Africa Centre of Expertise and Coordinator of Decolonial Comparative Law, Max-Planck-Institut für ausländisches und internationales Privatrecht
The Africa Centre of Expertise and the Max Planck Institute for Comparative and International Private Law have announced a call for papers for the fourth edition of their Decolonial Comparative Law Workshop series, to be held on 5–6 May 2027 in Douala in collaboration with the Fondation Afric’Avenir. This edition focuses on the theme “Decolonial Comparative Law and the Informal/Formal Economy,” asking scholars to rethink the distinction between formal and informal economies from a decolonial and comparative perspective. The workshop places particular emphasis on recognising the informal economy as a site of legality in its own right, foregrounding legal pluralism and context-specific practices. Contributions are encouraged on a wide range of topics, including microlending, alternative forms of value creation, labour rights in informal work, and indigenous and customary economies. Selected papers will be discussed in an interdisciplinary setting, with engagement from peers, scholars from fields such as anthropology, history, and economics, and practitioners and artists.
The deadline for paper submissions is 1 September 2026. Further details, including the full call for papers (available in English, French, Portuguese, Spanish, and Arabic), can be accessed here: https://www.mpipriv.de/2020710/decola-informal-formal-economy. An online information session for prospective applicants will be held on 18 March 2026 at 10:00 and 16:00 GMT, with registration available here: https://events.mpipriv.de/b?p=decola_and_the_informal_forma_leconomy_information_session. Following the workshop, an “Epupa School” (meaning “rainy season” in the Douala language) will take place from 10 to 12 May 2027 at the Fondation Afric’Avenir, offering scholars, students, and activists an opportunity to further engage with decolonial comparative approaches to the formal and informal economy.