Views
New Proposed Rules on International Jurisdiction and Foreign Judgments in Morocco
Last Thursday, November 9, Draft No. 02.23 proposing the adoption of a new Code of Civil Procedure (al-musattara al-madaniyya) was submitted to the Moroccan House of Representatives. One of the main innovations of this draft is the introduction, for the first time in Moroccan history, of a catalogue of rules on international jurisdiction. It also amends the existing rules on the enforcement of foreign judgments.
The Jurisdiction Puzzle: Dyson, Supply Chain Liability and Forum Non Conveniens
Written by Dr Ekaterina Aristova, Leverhulme Early Career Fellow, Bonavero Institute of Human Rights, University of Oxford
On 19 October 2023, the English High Court declined to exercise jurisdiction in Limbu v Dyson Technology Ltd, a case concerning allegations of forced labour and dangerous conditions at Malaysian factories which manufactured Dyson-branded products. The lawsuit commenced by the migrant workers from Nepal and Bangladesh is an example of business and human rights litigation against British multinationals for the damage caused in their overseas operations. Individuals and local communities from foreign jurisdictions secured favourable outcomes and won jurisdictional battles in the English courts over the last years in several notable cases, including Lungowe v Vedanta, Okpabi v Shell and Begum v Maran.
Navigating Global Jurisdiction: The Indian Courts’ Approach to Online IP Infringement
Written by Akanksha Oak, Jindal Global Law School, India
Introduction
The modern commerce landscape faces a significant challenge: the widespread infringement of intellectual property (“IP”) rights due to online interactions that enable instant global access. This issue is exacerbated by cross-border activities, necessitating the application of private international law (“PIL”). However, IP protection remains territorial, guided by the principle of “lex loci protectionis.” This results in complexities when it intersects with PIL. Online IP infringement further convolutes matters due to the internet’s omnipresence and accessibility, making the establishment of jurisdiction a complicated process for legal professionals. A pivotal development in this arena occurred in 2021 when the Delhi High Court rendered a judgement in the case of HK Media Limited and Anr v. Brainlink International Inc.,[1] illuminating India’s legal framework for determining jurisdiction in cases of online IP infringement within the context of cross-border disputes.
News
‘IPRspr’ goes digital: launch and presentation of the new online database on 1 October 2024 (in German)
Since its foundation in 1926, the Max Planck Institute in Hamburg (or its predecessor) has continuously published the collection of PIL decisions by German courts. ‘Die deutsche Rechtsprechung auf dem Gebiete des Internationalen Privatrechts’, or short ‘IPRspr’, offers the complete and systematic documentation of German case law on private international law, including procedural law and foreign law. The decisions are boiled down to their private international law aspects and categorized according to subject matter. Depending on the case, the headnotes are reformulated or completely rewritten.
Conference on International Commercial Courts, State Model(s) of Specialised (Domestic) Courts? (Lyon/online, 8 Oct 24)
On 8 October 2024, Jeremy Heymann and Marylou Françoise (both Université jean Moulin Lyon 3) will be hosting a conference on ‘International Commercial Courts, State Model(s) of Specialised (Domestic) Courts ?’ in Lyon. The conference constitutes the inaugural event of a series of conferences on ‘International Disputes and Specialised Courts’ and features practical and academic perspectives from numerous jurisdictions. It will be held both in Lyon and online.
The programme can be found here; the registration form can be found here.
Switzerland accedes to the HCCH Choice of Court Convention and files a declaration on non-exclusive choice of court agreements
Yesterday (18-09-2024), Switzerland acceded to the HCCH Choice of Court Convention and filed a declaration under Article 22 with respect to non-exclusive choice of court agreements. This is particularly noteworthy because this is the first time a declaration under Article 22 of the Choice of Court Convention has been filed. The Choice of Court Convention will enter into force for Switzerland on 1 January 2025.