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A note on “The BBC Nile” in the High Court of Australia – foreign arbitration agreement and choice of law clause and Article 3(8) of the Amended Hague Rules in Australia
By Poomintr Sooksripaisarnkit
Lecturer in Maritime Law, Australian Maritime College, University of Tasmania
Introduction
On 14th February 2024, the High Court of Australia handed down its judgment in Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4. The case has ramifications on whether a foreign arbitration clause (in this case, the London arbitration clause) would be null and void under the scheme of the Carriage of Goods by Sea Act 1991 (Cth) which makes effective an amended version of the International Convention on the Unification of Certain Rules of Law relating to Bills of Lading, Brussels, 25 August 1924 (the “Hague Rules”). The argument focused on the potential effect of Article 3(8) of the Amended Hague Rules, which, like the original version, provides:
French Supreme Court ruling in the Lafarge case: the private international law side of transnational criminal litigations
In the Lafarge case (Cass. Crim., 16 janvier 2024, n°22-83.681, available here), the French Cour de cassation (chambre criminelle) recently rendered a ruling on some criminal charges against the French major cement manufacturer for its activities in Syria during the civil war. The decision addresses several key aspects of private international law in transnational criminal lawsuits and labour law.
Looking but not Seeing the Economic Unit in Cartel Damage Claims – Opinion of Advocate General in Case C-425/22, MOL Magyar Olaj- és Gázipari Nyrt. v Mercedes-Benz Group AG
By Professor András Osztovits*
I. Introduction
The heart of European economic integration is the Single Market, which can only function properly and provide economic growth and thus social welfare if effective competition rules ensure a level playing field for market players. The real breakthrough in the development of EU competition policy in this area came with Regulation 1/2003/EC, and then with Directive 2014/104/EU which complemented the public law rules with private law instruments and made the possibility to bring actions for damages for infringement of competition law easier.
News
Reminder: CoL.net Virtual Roundtable on the Rome II Report (11 March, 12pm CET)
On Tuesday, 11 March 2025, 12pm CET, ConflictofLaws.net will be hosting an ad-hoc virtual roundtable on the Commission’s Rome II Report.
Everyone interested is warmly invited to join via this Zoom link.
More information can be found here.
HCCH about to establish Regional Office for Africa (ROAF)
As was mentioned before on this blog, increasing the participation of African states in the HCCH appears to be the most promising avenue to strengthen judicial cooperation on the African continent in the context of intracontinental, interregional as well as global judicial integration. Following several unsuccessful attempts to establish a physical presence on the African continent,[1] the HCCH Council on General Affairs and Policy (CGAP) has now warmly welcomed the Kingdom of Morocco’s proposal to host and, perhaps most importantly, entirely fund a HCCH Regional Office for Africa (ROAF) in Rabat.[2] Read more
Out Now: The Latest Issue of the Japanese Yearbook of International Law (Vol. 67, 2024)
The Japanese Yearbook of International Law (JYIL) is a leading reference publication that provides in-depth analysis and commentary on developments in international law from a Japanese perspective.
Published by the International Law Association of Japan since 1957 (originally as the Annual Yearbook of Private International Law until 2007), the JYIL covers a broad spectrum of topics, from public and private international law to comparative law, bringing together insights from top scholars and legal experts in Japan and beyond.
Each issue dives into key legal cases, legislative updates, and emerging trends, making it a must-read for researchers, academics, and professionals looking to stay in the loop on Japan’s legal landscape.
On that note, the latest volume of the JYIL (Vol. 67, 2024) has recently been released. Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law.