Views
Anti-Arbitration Injunction in Foreign-Seated Arbitrations: The Delhi High Court’s Controversial Intervention in Engineering Projects (India) Limited v. MSA Global LLC (Oman)
This post is posted on behalf of Arnav Sharma, Jindal Global Law School, Sonipat, India
Introduction
On 25th July 2025, a single judge bench of the Delhi High Court delivered a judgment in Engineering Projects (India) Limited v. MSA Global LLC (Oman) in CS (OS) 243 of 2025[1] that has stirred considerable discourse in international arbitration circles. The fundamental question at issue in the instant case was whether an Indian Court can grant an anti-arbitration injunction to stay proceedings in a foreign-seated arbitration on grounds of the proceedings turning oppressive and vexatious due to procedural impropriety, notwithstanding internationally well-settled principles of minimal judicial intervention, party autonomy, and lex arbitri that govern international commercial arbitration? The Delhi High Court answered in the affirmative, holding that Indian civil courts possess inherent power under Section 9 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) to intervene under exceptional circumstances where the arbitral process itself becomes a vehicle of abuse.
Cross-Border Personal Data Transfers: The Remaining Issues Following the Indonesian Constitutional Court Decision
Written by Dr Priskila Pratita Penasthika, Assistant Professor, Faculty of Law, Universitas Indonesia
INTRODUCTION
The Indonesian Personal Data Protection Law, Law Number 27 of 2022 (Indonesian PDP Law), came into effect on 17 October 2022. Before its enactment, data protection rules in Indonesia were fragmented across different sector-specific laws and regulations. The Indonesian PDP Law aims to unify these laws and regulations, providing greater clarity and ensuring consistent personal data protection across all sectors in the country. The Indonesian PDP Law sets out normative provisions on personal data protection; however, detailed, practical rules have yet to be specified in the implementing regulations. As of now, the drafting of these implementing regulations is still underway. Read more
HUK-COBURG II: A Case on Mandatory Overriding Law or Jurisdiction?
By Ross Pey, Western University, Canada
1. Introduction
In Case C-86/23 E.N.I. and Y.K.I. v HUK-COBURG-Allgemeine Versicherung AG II (‘HUK-COBURG II’), the principal issue that arose was whether a Bulgarian compensation provision may be interpreted as having mandatory effect. In suggesting that it does not, the Court required the facts to have sufficiently close links with the forum. (Hereinafter the ‘sufficient connexion test’) Ostensibly, a freestanding sufficient connexion test could be viewed as a disguised jurisdictional control of the forum rather than part of a mandatory law analysis. In doing so, parallels to renvoi and forum non conveniens are drawn. Read more
News
Stigma in the Lives of Refugees Living in Turkey
You are invited to the next Migration Talk organized by the Jean Monnet Chair in Legal Aspects of Migration Management in the European Union and in Türkiye.
Speakers: Dr. Hamed Abdollahpour Ranjbar (Istinye University), Khaled Elazab, MA (Clark University), Yomna Nassar, MA (Koç University), Farah Amayreh (Koç University), Dr. Ibrahim Yigit (Florida State University), Prof. Dr. Janet Molzan Turan (Koç University), and Prof. Dr. Bülent Turan (Koç University)
Title:Stigma in the Lives of Refugees Living in Turkey
Date and Time: Monday, May 4, 2026 – 12:30 PM – 1:20 PM (Turkish Time)
Event Location: via Zoom (The Zoom link shall be provided upon request: migration@bilkent.edu.tr)
The event will be held in English.
Abstract
The research is conducted with Syrian and Afghan refugees living in Istanbul, Turkiye to explore and examine effects of stigma and microaggressions in these populations.
It is based on 8 focus groups separately for men and women, four groups with Syrian refugees and four with Afghan refugees, with 4-10 participants in each group. Participants shared that stigma and microaggressions were central forces shaping every dimension of their daily life, well-being, and future plans. The intensity and ubiquity of these experiences appeared to exceed what is commonly documented in other stigmatized populations, owing in part to the visibility and politicization of refugee identity in the current sociopolitical climate in Türkiye, which allows and condones stigma and microaggressions against these populations. Refugees described that they and their children experienced mental and physical health problems not only due to trauma and difficulties faced before and during migration, but also due to post-displacement stigma and microaggressions that they experienced on a daily basis. Refugees employed a range of coping strategies to deal with these challenges, avoidance of interactions with Turks, forms of identity concealment (e.g., not revealing nationality, changing names, or not speaking their native language in public), avoidance of confrontation, and in some cases educating their neighbors to confront and correct stereotypes.
In the quantitative phase of the research, the research group developed the Refugee Stigma Scale (RSS) informed by the literature and qualitative and quantitative data. The scale includes four theoretical dimensions of stigma: perceived community stigma, experienced stigma, anticipated stigma, and internalized stigma. In a sample of 404 Syrian and 447 Afghan refugees in Türkiye, confirmatory factor analysis supported the hypothesized four-factor structure of the RSS. Results also supported convergent validity of the four subscales showing correlations with validated measures of depression, anxiety, post-traumatic stress disorder (PTSD), somatic symptoms, post-migration difficulties, and contact experiences.
The research group also developed a subscale assessing microaggressions (subtle/ambiguous discriminatory remarks or behaviors). Convergent validity of the Microaggression Scale for Refugees (MSR) was supported by high correlations between microaggressions and experienced stigma, somatic symptoms, post-migration difficulties, and contact experiences with the host country. Importantly, both experienced stigma and microaggressions contributed independently to explaining variance in psychological and somatic symptoms.
It is also explored the concept of identity denial in the context of refugee stigma using the new scales. Even after many years of immigrating, immigrants can have their new cultural identity (in this case, their Turkish identity) denied or unacknowledged. Based on a survey of 156 young Syrian adults living in Türkiye for many years, the research found that Turkish identity denial was associated with higher depressive symptoms and lower psychological well-being, mediated by perceived and anticipated stigma. Furthermore, a challenged sense of belonging was an independent parallel mediating mechanism by which identity denial was associated with psychological well-being and depressive symptoms.
EAPIL Conference in Geneva (18-20 June 2026): Registration closes on 17 May 2026
As report earlier on this blog, the third bi-annual conference of the European Association of Private International Law (EAPIL) will take place in Geneva, Switzerland, from 18 to 20 June 2026. Under the title “Shaping the Future of Private International Law in Europe – Putting Together the Pieces & Filling Gaps”, the conference will address structural developments, unresolved issues, and emerging challenges in European private international law. The program is available on the conference’s website.
Registration will close in two weeks, on 17 May 2026. You are welcome to register using this link.
EAPIL is looking forward to seeing you in Geneva!
Law without Borders? Extraterritorial Regulation and Unilateral Action
In an increasingly multipolar world, national and regional actors are reasserting regulatory control over cross-border economic activities. States such as the United States and China, as well as the European Union, are increasingly relying on unilateral measures with extraterritorial reach – particularly in areas such as sanctions, digital regulation, supply chains, competition law, and data protection. At the same time, the multilateral order appears to be under strain: international organizations are being sidelined, agreements are terminated or ignored, and established norms are openly challenged.
To explore the implications of these developments for international (economic) law and the future of global economic cooperation, the German Society of International Law (DGIR) will host a conference in Munich on 11–12 June 2026. Focusing on “Law without Borders? Extraterritorial Regulation and Unilateral Action” the event promises to provide a timely and critical forum for discussing the evolving role of extraterritorial regulation and unilateralism in shaping the international legal order.