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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
[Now Available] Yearbook of Private International Law Vol. XXV – 2023/2024
The latest volume of the Yearbook of Private International Law has been recently published, marking the 25th anniversary of its significant contribution to outstanding legal scholarship in the field of comparative private international law.
Readers will undoubtedly appreciate the Editors’ Foreword as well as the insightful tributes dedicated to this milestone edition written by Professors Nadjma Yassari (A Quarter-Century of Excellence), Symeon C. Symeonides (A Tribute), and Ivana Kunda (Petar Šarcevic – The Intellectual Behind the Name). These contributions, which reflect on the Yearbook’s impact and achievements over the years, are freely available online, offering a fitting celebration of this remarkable anniversary.
The Yearbook’s latest volume features the following table of contents: Read more
5th German Conference for Young Researchers in Private International Law, 14 and 15 Feb 2025, University of Heildeberg
On 14 and 15 February 2025, the 5th iteration of the German Conference for Young Researchers in Private International Law will take place at the University of Heidelberg. The conference – which is being organized by Felix Berner, Andreas Engel, Aron Johanson, Markus Lieberknecht, Sophia Schwemmer, Ann-Kathrin Voß, Charlotte Wendland, and Anton Zimmermann – is dedicated to the topic of ‘Digital transformation and Private International Law. Local connections in boundless spaces’:
After statute theory, Savignyan PIL and Europeanisation, digitalisation has the potential to initiate a fourth evolutionary stage in the history of conflict of laws, which is characterised by decentralisation and delocalisation. We may therefore be on the threshold of a PIL 4.0. At our conference, we would like to discuss how the conflict-of-laws problems arising from the boundless spaces of digitalisation can be solved in European and autonomous German, Austrian and Swiss private international law. At the same time, we would like to look at the possibilities for legal changes at national, European and international level.
A keynote will be given by Christiane Wendehorst (University of Vienna).
The programme can be found here; registration is possible here.
More information can also be found on the conference website.
ICC Institute of World Business Law Prize 2025: Open for Submissions until 7 April 2025
Every two years, the ICC Institute of World Business Law awards a prize worth € 10,000 to the best doctoral dissertation or long essay on on international commercial law (including arbitration) written by an author under the age of 40 in English or French.
Submissions can be made until 7 April 2025.
More information can be found in the flyer and in the prize rules.
