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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.
The 2019 Hague Judgments Convention Applied by Analogy in the Dutch Supreme Court
Written by Birgit van Houtert, Assistant Professor of Private International Law at Maastricht University
On 1 September 2023, the 2019 Hague Judgments Convention (HJC) entered into force. Currently, this Convention only applies in the relationship between EU-Member States and Ukraine. Uruguay has also ratified the HJC on 1 September 2023 (see status table). The value of the HJC has been criticised by Haimo Schack inter alia, for its limited scope of application. However, the HJC can be valuable even beyond its scope as this blog will illustrate by the ruling of the Dutch Supreme Court on 29 September 2023, ECLI:NL:HR:2023:1265.
News
Brace yourself: The US Supreme Court has granted certiorari in the firearms case of Smith & Wesson Brands, Inc., et al. v. Estados Unidos Mexicanos (Mexico)
This month the US Supreme Court granted certiorari in the case of Smith & Wesson Brands, Inc., et al. v. Estados Unidos Mexicanos (Mexico). For more information, click here. For some Private International Law implications, click here.
The petitioners are: Smith & Wesson Brands, Inc.; Barrett Firearms Manufacturing, Inc.; Beretta U.S.A. Corp; Glock, Inc.; Sturm, Ruger & Company, Inc.; Witmer Public Safety Group, Inc., d/b/a Interstate Arms; Century International Arms, Inc.; and Colt’s Manufacturing Company, LLC.
Chinese Journal of Transnational Law (Vol. 1, Issue 2) was released
We are pleased to announce the publication of the latest issue of the Chinese Journal of Transnational Law (Volume 1, Issue 2, September 2024). The special issue titled “Legalization of Foreign Relations in China” was guest-edited by Professor Congyan Cai.
The full issue is now available with free access for a limited time. You can explore the table of contents and access the articles at this link: Chinese Journal of Transnational Law – Volume 1, Issue 2.
Table of Contents
Special Issue Articles
Legalization of Foreign Relations in China
Zheng Tang and Congyan Cai
pp. 89
Milestone of China’s Foreign-Related Legislation – A Review of the Law of the People’s Republic of China on Foreign Relations
Huang Huikang
pp. 95
Political Framing in China’s Foreign Relations Law: International Law and ‘Fundamental Norms Governing International Relations’
Malcolm Jorgensen
pp. 117
China’s Foreign State Immunity Law: A View from the United States
William S. Dodge
pp. 137
A Critical Appraisal on China’s Blocking Statutes from a Private Actor’s Perspective
Guiqiang Liu
pp. 154
Original Research Article
A Future Uniform Regime of International Commercial Mediator Immunity: Limited, Party-Agreed and Statute-Required
Meng Lin
pp. 176
Short Article and Recent Development
Reading China’s Global Security Initiative Through an International Legal Lens
Ka Lok Yip
pp. 198
Book Review
Liang Xi, Updated and Augmented by Yang Zewei, Liangxi Guojizuzhifa
Gang Tang
pp. 211
Journal of Private International Law 20th Anniversary Conference: Call for Paper Proposals
The following information on the Journal of Private International Law 20th Anniversary Conference, to be held at the Faculty of Laws, University College London, Thursday 11 – Saturday 13 September 2025, has kindly been provided by Ugljesa Grusic.
We are pleased to invite the submission of paper proposals for the conference. Submission is open to anyone regardless of seniority or academic affiliation, including postgraduate students and practitioners, with an expectation that you will produce a paper for submission to the Journal of Private International Law by the end of the 2025 calendar year (with publication subject to the usual peer review process). Proposals are welcome on any topic within the scope of the Journal. A proposal should include an abstract of no more than 500 words, as well as details of the name and affiliation(s) of the author(s).