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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

The Art. 2(b) CISG Conundrum: Are Tender Contracts Under the Ambit of an Auction?

By Harddit Bedi* and Akansha Tripathy**

Introduction

It is beyond dispute that The Convention of International Sales of Goods, 1980 (CISG) has facilitated international trade disputes. However, Courts and tribunals continue to apply their minds in adjudicating the applicability of CISG before advancing into substantive issues. This exercise is not very prolific as it prolongs proceedings. Chapter 1 of the convention lays down the scope and extent of the CISG. Amongst other things, the CISG application does not apply to contracts formed by, inter-alia, auctions under Art. 2(b) of CISG.  The word auction itself is nowhere defined in the convention.

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News

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.

Launch of public consultation on a possible new HCCH convention

The Permanent Bureau of the HCCH is pleased to announce the launch of a public consultation on the Draft Text of a possible new convention on parallel proceedings and related actions, to be held from 18 November 2025 to 26 January 2026.

Experts, practitioners and judges from diverse legal traditions with experience in cross-border litigation and private international law more broadly are encouraged to participate in the consultation.

In 2021, the HCCH established a Working Group on matters related to jurisdiction in transnational civil or commercial litigation (WG), comprised of over 60 subject-matter experts from across the globe. The WG, after nine meetings, has developed a Draft Text containing provisions aimed at addressing parallel proceedings and related actions taking place in multiple States, acknowledging the primary roles of both jurisdictional rules and the doctrine of forum non conveniens. The objective of this future instrument would be to enhance legal certainty, predictability, and access to justice by reducing litigation costs and mitigating inconsistent judgments in transnational litigation in civil or commercial matters.

The public consultation seeks feedback on whether the Draft Text would, in practice, assist in addressing such matters and how the provisions in the Draft Text could be improved. The consultation is supported by a Consultation Paper comprising an Executive Summary, a detailed explanation of the key provisions and the operation of the Draft Text, and specific questions. Responses received from this consultation will be submitted to all HCCH Members for consideration in advance of the next meeting of the Council on General Affairs and Policy (CGAP), the governing body of the HCCH, in March 2026, at which the Members of the HCCH will decide on the next steps for the project.

For more information on the public consultation, please visit: https://www.hcch.net/en/projects/legislative-projects/jurisdiction/public-consultation

This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).

LEX and FORUM VOLUME I /2025

The sweeping pace of technological advancement and the accelerated transition to the digital realm are generating novel and complex challenges for the law. Established legal frameworks are increasingly being tested within the digital environment, where cutting-edge technologies — such as digital platforms and artificial intelligence — have come to play a decisive role in both social and economic activity.

Although the European Union may not yet have attained its full technological maturity, it stands at the forefront of confronting the legal implications of the digital era. The Union’s legislative agenda seeks to maintain a delicate equilibrium between, on the one hand, promoting innovation and technological development, and, on the other, safeguarding the fundamental rights of individuals while ensuring transparency and accountability among digital service providers. Read more

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