Views
Opinion of AG de la Tour in C-713/23, Trojan: A step forward in the cross-border recognition of same-sex marriages in the EU?
Dr. Carlos Santaló Goris, Postdoctoral researcher at the University of Luxembourg, offers an analysis of the Opinion of Advocate General de la Tour in CJEU, Case C-713/23, Trojan
From Coman to Trojan
On 5 June 2018, the Court of Justice of the European Union (‘CJEU’) rendered its judgment in the case C-673/16, Coman. In this landmark ruling, the CJEU decided that Member States are required to recognize same-sex marriage contracted in another Member Stated to grant a residence permit to the non-EU citizen spouse of an EU citizen under the EU Citizens’ Rights Directive. The pending case C-713/23, Trojan goes a step further than C-673/16, Coman. On this occasion, the CJEU was asked whether EU law requires a civil registry of Poland, a Member State that does not provide any form of recognition to same-sex couples, to transcribe the certificate of same-sex marriage validly contracted in another Member State. A positive answer would imply that the same-sex marriage established under German law would be able to deploy the same effects as a validly contracted marriage under Polish law. While the CJEU has not yet rendered a judgment, on 3 April 2025, Advocate General de la Tour issued his Opinion on the case. While the CJEU might decide differently from AG de la Tour, the Opinion already gives an idea of the solution that might potentially be reached by the CJEU. This post aims to analyse the case and explore its implications should the CJEU side with AG de la Tour. Read more
A New Precedent in Contract Conflicts: Decoding the Tyson v. GIC Ruling on Hierarchy Clauses
By Ryan Joseph, final-year BBA LLB (Hons) student, Jindal Global Law School, India.
Introduction
The recent decision of the UK High Court (“Court”) in Tyson International Company Limited (“Tyson”) v. General Insurance Corporation of India (“GIC”) sets a critical precedent for cases that lie at the intersection of arbitration, contractual hierarchy, and judicial intervention through anti-suit injunctions. The principal issue in the case revolved around the harmonious application of two conflicting dispute resolution clauses contained in two separate agreements pertaining to the same transaction. While one provided for dispute settlement through arbitration seated in New York, the other was an exclusive jurisdiction clause that provided for dispute settlement by England and Wales courts. To resolve this apparent conflict between the two clauses, the Court relied on a confusion clause (also known as a hierarchy clause) in the parties’ agreement to rule that the exclusive jurisdiction clause, in favour of England and Wales courts, prevails over the arbitration clause. Based on this conclusion, the Court issued an anti-suit injunction against GIC from arbitrating the dispute in New York. Read more
Australian Federal Court Backs India on Sovereign Immunity: Another Twist in the Devas v. India Saga
by Shantanu Kanade, Assistant Professor, Dispute Resolution, Jindal Global Law School, India
The Federal Court of Australia (“Federal Court”), in its recent judgement in the Republic of India v. CCDM Holdings, LLC[1] (“Judgement”), held that the Republic of India (“India”) was entitled to jurisdictional immunity from Australian Courts in proceedings seeking recognition and enforcement of foreign arbitral awards dealing with disputes arising from ‘non-commercial’ legal relationships. The Court’s judgment was rendered with respect to an appeal filed by India against an interlocutory judgement of a primary judge of the same court, rejecting India’s sovereign immunity claim.
Background of the Dispute
Three Mauritian entities of the Devas group (“Original Applicants”) had commenced arbitration proceedings in 2012 under the 1998 India-Mauritius BIT, impugning India’s actions with respect to an agreement for leasing of space spectrum capacity entered between Devas Multimedia Private Limited (an Indian company in which the Original Applicants held shares) and Antrix Corporation Limited (an Indian state-owned entity). In 2011, India’s Cabinet Committee on Security decided to annul the said agreement, citing an increased demand for allocation of spectrum towards meeting various military and public utility needs (“Annulment”). The arbitration proceedings that followed culminated in a jurisdiction and merits award in 2016[2] and a quantum award in 2020 (“Quantum Award”)[3]. The Original Applicants have since sought to enforce the Quantum Award against India in different jurisdictions, discussed here.[4]
News
First Issue of Lloyd’s Maritime and Commercial Law Quarterly for 2026
The first issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2026 was recently published last month. It contains the following works on private international law:
Bulat Karimov, “Arrest of Associated Ships from a Common Law Perspective”
The Arrest Conventions 1952 and 1999 provide for the arrest of ships owned by the person who would be liable for the claim in personam. The widespread use of one-ship companies has effectively circumvented these provisions. It has allowed shipowners to limit or avoid their liability by distributing their fleet between one-ship companies. The only country that has introduced separate associated ship provisions is South Africa. Other countries do not follow this example and generally deal with one-ship companies through beneficial ownership and piercing the corporate veil. The article examines the law and practice of arresting associated ships in South Africa, the US , England, Singapore and Australia. Particular focus is paid to the impropriety criterion, which is part of piercing the corporate veil but is irrelevant to the South African approach. It is concluded that the primary function of impropriety is preventing overreaching, which means subversion of the idea of separate legal personality of a shipowning company. The “objective” and “reasonableness” approaches are suggested as a middle ground to the problem discussed.
This article considers remedies leading to compelling satisfaction of a judgment, from assets in a wealth structure used by a judgment debtor, or assets produced by them, or from persons who have received such assets. These include (1) enforcement by equitable execution, (2) enforcement disregarding “sham” or invalid trusts or through an undisclosed legal power, (3) the effect of the Model Form of Freezing Injunction, and (4) use of the Insolvency Act 1986, s.423 to unwind transactions prejudicing creditors, including when to attribute to others a debtor’s purpose to prejudice creditors. It considers the relevance of a person having legal or de facto control of assets to the availability of these remedies.
Adrian Briggs, “The Death of Henry v Geoprosco“
Michal Hain, “Is a Foreign Judgment a Debt?”
Joseph Khaw, “Going Cherry Picking”
Paul MacMahon, “Pre-emptive Challenges to Recognition of Foreign Arbitral Awards”
Seminar on International Insolvency and 2026 Seminar Series on the Reform of the Brussels I bis Regulation (Universidad Autónoma de Madrid)
The Área de Derecho Internacional Privado of the Universidad Autónoma de Madrid (UAM) announces two initiatives of particular interest for scholars and practitioners of private international law.
1. Seminar: Nuevas perspectivas de la insolvencia internacional: reestructuraciones preconcursales y concursales
On Friday, 6 March 2026 (12:45), a seminar will be held at the Faculty of Law of UAM (Seminario II) in the framework of the research project “Nuevas perspectivas de la insolvencia internacional: reestructuraciones preconcursales y concursales” (PID 2022-140017OB100), coordinated by Professors Iván Heredia Cervantes and Elisa Torralba Mendiola. Read more
FAMIMOVE is back! – FAMIMOVE 3.0 starts on 1 March 2026
FAMIMOVE 3.0 is an international project co-funded by the European Commission under the JUST-2025-JCOO program. The project’s full name is Families on the Move: The Coordination between international family law and migration law.
This project seeks to build on the results of FAMIMOVE 2.0 by focusing on children on the move in vulnerable situations and by consolidating the networks already established of experts in family law, child protection and migration law. It involves 7 universities in 6 EU Member States.
The duration of the project is two years from 1 March 2026 to 29 February 2028.