Views
CJEU’s first ruling on the conformity of asymmetric jurisdiction clauses with the Brussels I recast regulation and the 2007 Lugano Convention
by Guillaume Croisant, Claudia Cavicchioli, Nicole Rölike, Alexia Kaztaridou, and Julie Esquenazi (all Linklaters)
In a nutshell: reinforced legal certainty but questions remain
In its decision of yesterday (27 February 2025) in the Lastre case (Case C-537/23), the Court of Justice of the European Union (CJEU) handed down its long-awaited first judgment on the conformity of asymmetric jurisdiction clauses with the Brussels I recast regulation and the 2007 Lugano Convention.
The Court ruled that the validity of asymmetric jurisdiction clauses is assessed in the light of the autonomous rules of Article 25 of the regulation (rather than Member States’ national laws) and confirmed their validity where the clause can be interpreted as designating courts of EU or Lugano States.
This decision dispels some of the previous uncertainties, particularly arising from the shifting case law of the French Supreme Court. The details of the decision and any possible impact, in particular the requirement for the clause to be interpreted as designating courts of EU or Lugano States, will need to be analysed more closely, but on the whole the CJEU strengthened foreseeability and consistency regarding unilateral jurisdiction clauses under the Brussels I regulation and the Lugano convention.
Besides other sectors, this decision is of particular relevance in international financing transactions, including syndicated loans and capital markets, where asymmetric jurisdiction clauses in favour of the finance parties have been a long-standing practice.
Going International: The SICC in Frontier Holdings
By Sanjitha Ravi, Jindal Global Law School, OP Jindal Global University, Sonipat, India
The Singapore International Commercial Court (“SICC”) in Frontier Holdings Ltd v. Petroleum Exploration (Pvt) Ltd overturned a jurisdictional ruling by an International Chamber of Commerce (“ICC”) arbitral tribunal, holding that the tribunal did, in fact, have jurisdiction to hear the dispute. The SICC’s decision focused on interpreting the arbitration provisions in the Petroleum Concession Agreements (“PCAs”) and Joint Operating Agreements (“JOAs”), which had created ambiguity regarding whether disputes between foreign parties, i.e., Foreign Working Interest Owners (“FWIOs”), and Pakistan parties, i.e., Pakistani Working Interest Owners (“PWIOs”), were subject to international arbitration. The arbitral tribunal, by majority, had concluded the PCAs restricted ICC arbitration to disputes between FWIOs inter se or between FWIOs and the President of Pakistan, thereby excluding disputes between FWIOs and PWIOs. The SICC rejected this reasoning and concluded that the provisions should be applied with necessary modifications to fit the JOAs’ context by conducting an in-depth construction of the dispute resolution provisions of the different agreements involved. The court found that a reasonable interpretation of these provisions indicated an intention to submit FWIO-PWIO disputes to ICC arbitration rather than Pakistani domestic arbitration. Read more
Enforcing Foreign Judgments in Egypt: A Critical Examination of Two Recent Egyptian Supreme Court Cases
I. Introduction
The recognition and enforcement of foreign judgments in the MENA region can sometimes be challenging, as it often involves navigating complex legal frameworks (domestic law v. conventions). In addition, case law in this field has encountered difficulties in articulating the applicable guiding principles and is sometimes ambiguous, inconsistent, or even contradictory. Two recent decisions rendered by the Egyptian Supreme Court highlight this issue, alhoutgh – it must be admitted – the Court did provide some welcome clarifications. In any event, the cases reported here highlight some key issues in the recognition and enforcement of foreign judgment and offer valuable insights into the evolving landscape of this area of law in Egypt.
News
Launch of the Bahrain International Commercial Court
The Bahrain International Commercial Court (BICC) was launched on 5 November 2025. It joins the long established Dubai International Financial Centre Courts, Abu Dhabi Global Market Courts and Qatar International Court and Dispute Resolution Centre in the Middle East as a specialist court devoted to resolving international commercial disputes and operating under special procedural rules.
The BICC was developed in partnership with the Singapore International Commercial Court (SICC). It shares many key features with the SICC such as a multinational bench, foreign counsel representation and use of the English language in proceedings. Of particular note is the appeal mechanism for BICC judgments; as discussed previously here, appeals from the BICC will be heard by the International Committee of the SICC.
ASADIP Conference Rio 2025 (report) and San Salvador 2026 date (20-23 October)
The ASADIP conference is an annual highlight of the discipline. The reports from the 2025 conference in Rio de Janeiro are now available, in English, Spanish, and Portuguese, here
And the location and date for the 2026 have been set for San Salvador, El Salvador, 20-23 October. See you there.
Short report: Conference on Sustainable Global Value Chains and Private International Law
On 17 October 2025, the EBS Law School in Oestrich-Winkel, Germany, hosted a conference Sustainable Global Value Chains and Private International Law. The conference was organised by Professors Veronica Ruiz Abou-Nigm (Edinburgh Law School) and Michael Nietsch (EBS Law School) as part of the Law Schools Global League Sustainable Global Value Chains Project (see also here).
The conference brought together a number of scholars specialised in private international law, company law, and contract law to discuss the role of private law and private international law in social, economic, and environmental sustainability within global value chains.
Keynote
Ralf Michaels (Max Planck Institute for Comparative and International Private Law, Hamburg, Germany) delivered the keynote lecture entitled “European Law for Global Value Chains – Human Rights Advancement or European Imperialism?” Professor Michaels addressed this question from a historical perspective. He related the historical roots of existing sourcing practices to contemporary supply chains, drawing on a wealth of theoretical insights. He further reflected on the conceptualisations that remain necessary for the legal discipline to contribute to addressing economic inequalities in contemporary global sourcing practices facilitated by interconnected chains of contracts.
After the keynote, several scholars provided insights into their current research, which resonated with various aspects of the keynote lecture. Read more