Views
Toothless vs. Shark-Teeth: How Anti-Suit Injunctions and Anti-Anti-Suit Orders Collide in the UniCredit Saga
by Faidon Varesis, University of Cambridge
Background
The dispute in the UniCredit v. RusChem saga arose from bonds issued by UniCredit to guarantee performance under contracts for Russian construction projects, where RusChem, after terminating the contracts due to EU sanctions, initiated Russian proceedings for payment in breach of an English-law governed arbitration agreement that mandates resolution in Paris under ICC rules.
UniCredit sought an anti-suit injunction in the UK to stop these Russian proceedings, arguing that the arbitration clause must be enforced under English law. Teare J at first instance held that the English court lacked jurisdiction—finding that the arbitration agreements were governed by French substantive rules and that England was not the appropriate forum—whereas the Court of Appeal reversed this decision by granting a final anti-suit injunction requiring RCA to terminate its Russian proceedings.
CJEU in Albausy on (in)admissibility of questions for a preliminary ruling under Succession Regulation
In a recent ruling, the CJEU adds another layer to the ongoing discussion on which national authorities can submit questions for preliminary rulings under the Succession Regulation, and its nuanced interpretation of what constitutes a ‘court.’
Albausy (Case C-187/23, ECLI:EU:C:2025:34, January 25, 2025) evolves around the question of competence to submit a request for preliminary ruling under the Succession Regulation (Regulation 650/2012 on matters of succession and the creation of a European Certificate of Succession).
Although the CJEU finds that the request in that case is inadmissible, the decision is noteworthy because it confirms the system of the Succession Regulation. Within the regulation, the competence to submit questions for preliminary ruling is reserved for national courts that act as judicial bodies and are seized with a claim over which they have jurisdiction based on Succession Regulation’s rules on jurisdiction.
The opinion of Advocate General Campos Sánchez-Bordona is available here.
A Judgment is a Judgment? How (and Where) to Enforce Third-State Judgments in the EU After Brexit
In the wake of the CJEU’s controversial judgment in H Limited (Case C-568/22), which appeared to open a wide backdoor into the European Area of Justice through an English enforcement judgments (surprisingly considered a ‘judgment’ in the sense of Art. 2(a), 39 Brussels Ia by the Court), international law firms had been quick to celebrate the creation of ‘a new enforcement mechanism‘ for non-EU judgments.
As the UK had already completed its withdrawal from the European Union when the decision was rendered, the specific mechanism that the Court seemed to have sanctioned was, of course, short-lived. But crafty judgment creditors may quickly have started to look elsewhere.
In a paper that has just been published in a special issue of the Journal of Private International Law dedicated to the work of Trevor Hartley, I try to identify the jurisdictions to which they might look. Read more
News
Virtual Workshop (in English) on November 4, 2025: Caroline Sophie Rapatz on “Fly Me to the Moon and Let Me Play Among the Laws?”
On Tuesday, November 4, 2025, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 10:30 a.m. – 12:00 p.m. (CEST). Professor Caroline Sophie Rapatz (Christian-Albrechts-Universität zu Kiel) will speak, in English, about the topic
“Fly Me to the Moon and Let Me Play Among the Laws?”
With the increasing privatisation and economisation of space activities, the need for private space law becomes urgent: Responsible exploration and exploitation necessitates suitable and reliable rules on jurisdiction and applicable law in Outer Space as well as substantive private law adapted specifically to space scenarios. The presentation will explore the options for developing a comprehensive body of such private (international) law rules within the framework established by the existing public international law treaties on space law. It will outline possible approaches to such an undertaking, using property law questions as the main example.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
Inaugural event European Civil Justice Centre
In 2025, the European Civil Justice Centre (ECJC) was established at Erasmus School of Law in Rotterdam. This Centre was set up to facilitate the collaboration of scholars and other stakeholders across Europe and beyond in conducting research and related activities with a view to promoting access to justice. The Centre consolidates extensive work spearheaded by Erasmus School of Law civil justice scholars over the past fifteen years (see www.euciviljustice.eu), benefits in particular from support by the KU Leuven, and builds on collaborations with academics, practitioners and policy-makers around the globe. Read more
Crossroads in Private International Law Webinar with on ‘The Digital Afterlife: Digital succession and private international law’ 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 Kirsten Henckel (Groningen University) titled ‘The Digital Afterlife: Digital succession and private international law’:
Over the past two decades, our daily lives have become ever more digital. This digitization has fundamentally reshaped the nature of property and inheritance. Digital assets ranging from social media accounts, emails and cloud-based archives to cryptocurrencies, NFTs and digital subscriptions now form an integral part of modern estates. These assets frequently lack clear legal classification and existing laws, largely designed for tangible property, struggle to accommodate their unique characteristics.
This webinar examines the emerging field of digital succession through the lens of private international law, highlighting issues that arise when digital estates span multiple jurisdictions. Key issues include determining jurisdiction and applicable law as well as enforcing rights across borders.
Additional information and the link to register can be found here.