Views
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
Conference report ‘European Account Preservation Order: Practical Challenges and Prospects for Reform’ (University of Luxembourg, 3 December 2024)
This report was written by Carlos Santaló Goris, postdoctoral researcher at the University of Luxembourg
Recent developments on the application of the EAPO Regulation
On 3 December 2024, the conference ‘European Account Preservation Order: Practical Challenges and Prospects for Reform’ took place at the University of Luxembourg, organized by Prof. Gilles Cuniberti (University of Luxembourg). The conference also served as an occasion to present the book ‘European Account Preservation Order – A Multi-jurisdictional Guide with Commentary’, published by Bruylant/Larcier. The book was co-edited by Dr. Nicolas Kyriakides (University of Nicosia), Dr. Heikki A. Huhtamäki (Huhtamäki Brothers Attorneys Ltd), and Dr. Nicholas Mouttotos (University of Bremen), and offers a comprehensive overview on the application of the European Account Preservation Order (‘EAPO’) at the national level. It contains a report for each Member State where the EAPO Regulation applies, addressing specific aspects of the EAPO procedure that depend on domestic law.
The conference was structured into two panel discussions. The first panel focused on the specific issues regarding the application of the EAPO Regulation identified by practitioners with first-hand experience with this instrument. The second panel discussion explored the potential reform of the EAPO Regulation and which specific changes should be implemented to improve its application. This report aims to offer an overview of the main highlights and outputs of the presentations and discussions of the conference. Read more
The Art. 2(b) CISG Conundrum: Are Tender Contracts Under the Ambit of an Auction?
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.
News
Out Now: Un Derecho Internacional Privado centrado en los derechos de las personas (Tirant lo Blanch 2025)
By Eduardo Álvarez-Armas, Assistant Professor of Law at the Universidad Pontificia Comillas (Spain) and Université Catholique de Louvain (Belgium)
Earlier this year, publishing house Tirant Lo Blanch released “Un Derecho Internacional Privado centrado en los derechos de las personas” (Private international law as focused on the rights of individuals), a volume that compiles the papers presented in the “VII Seminario AEPDIRI sobre temas de actualidad de Derecho Internacional Privado”, the 7th workshop on trending topics in private international law organized by the Spanish Association of International Law and International Relations Professors. These workshops on trending topics, initiated in 2015, have become one of the most significant academic activities of the Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales (AEPDIRI). They provide a yearly forum for collective reflection on the most dynamic and debated questions in each of the association’s academic branches (public international law, private international law and international relations), enhancing the exchange of research and practice ideas among academics, judges, and legal professionals, from Spain and beyond.
HCCH Monthly Update: December 2025
HCCH Monthly Update: December 2025
Membership
On 4 December 2025, Indonesia applied to become a Member of the HCCH. On the same day, the Secretary General of the HCCH opened the six-month voting period during which all current Members of the HCCH may cast their vote on the proposal. Following this voting period, and provided a majority of votes are cast in favour, Indonesia will be invited to become a Member by depositing an instrument of acceptance of the Statute of the HCCH. More information is available here.
Meetings & Events
On 1 December 2025, the third meeting of the Working Group established to finalise the Good Practices document relevant to the 1965 Service, 1970 Evidence, and 1980 Access to Justice Conventions was held online. More information is available here.
From 2 to 4 December 2025, the Experts’ Group on Carbon Markets met for the third time, continuing its study of the private international law issues arising from carbon markets. More information is available here.
On 10 December 2025, the third Post Adoption Services Workshop was held online, hosted by the Central Authority of Canada under the 1993 Adoption Convention. The event had over 120 participants from over 35 Contracting Parties to the Convention. More information is available here.
On 11 December 2025, the Permanent Bureau (PB) of the HCCH hosted a book launch for the publication of The Hague Convention on Choice of Court Agreements: A Commentary, in celebration of the tenth anniversary of the entry into force of the 2005 Choice of Court Convention. More information is available here.
Other Developments
The PB of the HCCH has launched 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. More information is available here.
On 23 December, the PB of the HCCH announced the conclusion of the e-Country Profiles project, resulting in the development and modernisation of online Country Profiles for a number of key HCCH Conventions. Contracting Parties to these Conventions can now easily publish legal and practical information about their implementation of these instruments, making the e-Country Profiles a valuable tool for use by public authorities, legal practitioners and other interested parties. More information is available here.
These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.
