Views
The Public Law-Private Law Divide and Access to Frozen Russian Assets
By Csongor István Nagy, Professor of Law at the University of Galway, Ireland, and at the University of Szeged, Hungary, and research professor at the HUN-REN Center for Social Sciences, Hungary.
The overwhelming majority of the international community condemned Russia’s war against Ukraine as a gross violation of international law and several countries introduced unilateral measures freezing Russian assets. It has been argued that countries should go beyond that and use these assets for the indemnification of Ukrainian war damages. Confiscation would, however, be unprecedented and raise serious international law concerns. While states have, with good reason, been reluctant to react to one wrongful act with another, this question has given rise to intensive debate. Recently, the EU authorized the use of net profits from the frozen assets but not the assets themselves to support Ukraine.
Tesseract: Don’t Over-React! The High Court of Australia, Proportionate Liability, Arbitration, and Private International Law
By Dr Benjamin Hayward
Associate Professor, Department of Business Law and Taxation, Monash Business School
X: @LawGuyPI, @MonashITICL
On 7 August 2024, the High Court of Australia handed down its long-awaited decision in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24. The dispute arose out of a domestic commercial arbitration seated in South Australia, where the Commercial Arbitration Act 2011 (SA) is the relevant lex arbitri. That Act is a domestically focused adaptation of the UNCITRAL Model Law on International Commercial Arbitration (with its 2006 amendments).
The respondent to the arbitration sought to rely upon proportionate liability legislation found in the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) and in the Competition and Consumer Act 2010 (Cth). The High Court was asked to determine whether those proportionate liability regimes could be applied in the arbitration. A very practical difficulty arose here, reflected in Steward J noting (in dissent) that the High Court was ‘faced with an invidious choice’: see [228]. Were the proportionate liability laws not to apply in the arbitration, the respondent might find themselves liable for 100% of the applicant’s loss, when they would not be liable to that same extent in court proceedings applying the same body of South Australian law. But were the proportionate liability laws to apply, the applicant might find themselves able to recover only a portion of their loss in the arbitration, and might then have to then pursue court proceedings against another third party wrongdoer to recover the rest: given that joinder is not possible in arbitration without consent. Read more
News
HCCH Monthly Update: September 2025
HCCH Monthly Update: September 2025
Conventions & Instruments
On 18 September 2025, Argentina deposited its instrument of ratification of the 1996 Child Protection Convention. With the ratification of Argentina, the Convention now has 58 Contracting Parties. It will enter into force for Argentina on 1 January 2026.More information is available here.
Meetings & Events
On 11 and 12 September 2025, the Permanent Bureau of the HCCH hosted a Roundtable and Training on the application of the 1980 Child Abduction and 1996 Child Protection Conventions, in particular concerning the children of Ukraine. More information is available here.
From 17 to 19 September 2025, the Experts’ Group (EG) on Central Bank Digital Currencies (CBDCs) held its fourth working meeting. Pursuant to its mandate, the EG made further progress on the study of the applicable law and jurisdiction issues raised by the cross-border use and transfers of CBDCs. More information is available here.
On 25 and 26 September, the Permanent Bureau of the HCCH hosted training on the HCCH’s core family law Conventions and projects for a group of judges and court officials from 16 States. The training was organised in cooperation with the European Judicial Training Network. More information is available here.
On 26 September 2025, the second meeting of the Working Group (WG) established to finalise the Model Forms pertaining to Chapter II of the 1970 Evidence Convention was held online.
Upcoming Events
Registration is now open to the public for online participation in the “HCCH-IDLO Dialogue on Digitalisation of Public Services and Justice”. The event will be held on Friday 10 October 2025, from 10.00 to 11.30 a.m. (CEST). Interested persons should register no later than Tuesday 7?October 2025 via this registration form. More information is available here.
Vacancies
Applications are now open for the position of Legal Officer. The deadline for the submission of applications is 1 November 2025. More information is available here.
Applications are now open for the position of Finance / Human Resources Assistant. The deadline for the submission of applications is 11 October 2025. 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.
Call for Applications: Lindemann Fellowship for PIL
The University of Hamburg has announced its second Call for Applications for the Lindemann Fellowship for Private International Law. Eligible are researchers based in Europe who recently completed or are close to completing their PhD studies, with a main research focus on conflict of laws and/or international civil procedure.
Becoming a Lindemann Fellow means having a 3-year grant within a vibrant European network, fully funded annual meetings to present and discuss your research, and publication in an open-access collected volume.
More information about the Fellowship is available at the webpage: https://www.jura.uni-hamburg.de/duden/60-fellowship-lindemann.html
Applications (combined into a single PDF) must be submitted by 1 November 2025 to lindemann-fellowship@uni-hamburg.de.
The White Paper on Digital Product Passports and Critical Raw Materials for Batteries: Legal Conflicts and Principles for Cross-Border Cooperation
The White Paper on “Digital Product Passports and Critical Raw Materials for Batteries: Legal Conflicts and Principles for Cross-Border Cooperation” is now formally published on the UNECE website!
The United Nations Economic Commission for Europe White Paper identifies and analyses the critical legal challenges in implementing Digital Product Passports (DPPs) for Critical Raw Materials (CRMs), including cobalt, copper, lithium, and nickel. These materials are essential for Energy Transition, for example, electric vehicles.
Yet, tracing their journey from mines to markets to recycling is legally complex and globally inconsistent. This fragmentation hinders sustainability and transition to circular economy.
The White Paper provides policymakers and businesses with: An analysis of conflicting legal frameworks in implementing DPPs; Guiding principles for cross-border cooperation in CRM-Battery value chains.
Read the full White Paper here.