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French Supreme Court upholds asymmetric jurisdiction clauses in Lastre follow-up
by Jean-Charles Jais, Guillaume Croisant, Canelle Etchegorry, and Alexia Kaztaridou (all Linklaters)
On 17 September 2025, the French Cour de cassation handed down its decision on the Lastre case. This followed a landmark preliminary ruling of February 2025 from the CJEU, which laid out the conditions for a valid asymmetric jurisdiction clause under article 25 of the Brussels I recast regulation.
Asymmetric jurisdiction clauses allow one party to initiate proceedings in multiple courts or any competent court, while the other party has fewer options or is restricted to a specific jurisdiction. Such clauses are common in financial agreements (read more in our previous blog post here).
In the latest development of the Lastre case in France, the French Supreme Court opted for a pro-contractual autonomy stance, favouring the validity of asymmetric jurisdiction clauses.
Using Foreign Choice-of-Law Clauses to Avoid U.S. Law
Can private actors utilize choice-of-law clauses selecting the laws of a foreign country to avoid laws enacted by the United States? In this post, I argue that the answer is a qualified yes. I first examine situations where the U.S. laws in question are not mandatory. I then consider scenarios where these laws are mandatory. Finally, the post looks at whether private parties may rely on foreign forum selection clauses and foreign choice-of-law clauses—operating in tandem—to avoid U.S. law altogether.
Read more
Civil Personal Status Law Litigation in the UAE – Between Lofty Ideals and Sour Realities
I. Introduction
It is not uncommon for scholars to debate whether private international law is needed as a distinct discipline, and whether it is truly indispensable. After all, could one not save the effort and complexity of applying foreign law by simply treating all cases as purely domestic? From a theoretical standpoint, the answer is yes, since no State is under an inherent obligation to apply foreign law. Yet, such an approach entails serious shortcomings, particularly when it comes to respecting vested or acquired rights, meeting the legitimate expectations of the parties, and fostering cross-border commerce. It follows that the costs of refusing to recognize and apply foreign law are far greater than the difficulties associated with maintaining a system of private international law. It is therefore unsurprising that private international law has established itself as a common language for managing the legal diversity inherent in transnational relations. Read more
News
AAPrIL’s November seminar: Mary Keyes on Jurisdiction Agreements in International Family Litigation
This week, the Australasian Association of Private International Law (AAPrIL) is co-hosting a free online seminar on ‘Jurisdiction Agreements in International Family Litigation’, to be presented by Professor Mary Keyes of Griffith University.
The seminar will be held online and in-person at UniSQ, Toowoomba, Queensland. The details are:
Online (Zoom): Wednesday 26 November 2025, 12.30 to 1.30pm AEST.*
In-person: Wednesday 26 November 2025, 12.30 to 1.30pm AEST, Wonderley & Hall Moot Court, Room Q420, Toowoomba Campus, University of Southern Queensland.
Please register by the details in the attached flyer:
Flyer_UniSQ and AAPrIL Seminar 2025-4
*Note the times given are in Australian Eastern Standard Time (UTC+10).
[Out Now!] Sooksripaisarnkit and Garimella on Legal Challenges of China’s One Belt One Road Initative: Private International Law Considerations
This note was kindly prepared by Dr. Poomintr Sooksripaisarnkit.
A new book Legal Challenges of China’s One Belt One Road Initative: Private International Law Considerations edited by Dr Poomintr Sooksripaisarnkit and Dr Sai Ramani Garimella has now been released by Routledge.
This book is a sequel to the book China’s One Belt One Road Initiative and Private International Law which was published by Routledge in 2018.
Here is the publisher’s blurb:
“This book covers new legal developments of the One Belt One Road (OBOR) project and assesses how litigation may be organised to enforce and compensate for defaults for its related initiatives.
This book is structured into five themes, consisting of essays which assess the decade of BRI’s existence in the context of international economic engagement and the rule of law, private international law, dispute resolution mechanisms – including mediation and judgment mobility. The chapters in the book strike new ground and cover recent developments such as the establishment of China’s International Commercial Court, engagements in multiple Belt and Road Initiative (BRI) construction and investment projects.
The book will be of interest to researchers, academics, policymakers and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies and the politics of international trade”.
The table of contents and contributors include:
Poomintr Sooksripaisarnkit and Sai Ramani Garimella: Current Developments of the One Belt One Road Project and the Emerging Private International Law Issues
Dilini Pathirana: Sri Lanka’s Loan Agreements with China under the BRI: A Reflection of Selected Infrastructure Project-Related Loans
Atul Alexander: China and Foreign State Immunity Law: Legal Implications on State-Owned Entities
Mark McLaughlin: Global Standards, Local Realities: An Analysis of Singapore Convention on Mediation in the Context of Chinese State-Owned Enterprises
Zhengxin Huo: China’s International Commercial Court and Their Operation
Beligh Elbalti: Choice of Law in Contracts and Foreign Law before MENA Arab Courts from the Perspective of Belt and Road Initiative
Anna Wysocka-Bar: Circulation of Judgments Between EU Member States and China: A Path Through Complicated Framework Examined on the Example of Poland
Nobumichi Teramura: Recognition and Enforcement of Chinese judgments in Cambodia: Uncertain Foundations of the Rigid Reciprocity Standard in Cambodian Law
Jie (Jeanne) Huang: Recognition and Enforcement of Chinese Judicially Confirmed Mediation Decisions Abroad: The Challenges of Finality
Poomintr Sooksripaisarnkit: Private International Law Dimensions of Blockchain-Based Bills of Lading
Poomintr Sooksripaisarnkit and Sai Ramani Garimella: Conclusion and Reflection
The book can be ordered directly from Routledge: https://www.routledge.com/Legal-Challenges-of-Chinas-One-Belt-One-Road-Initiative-Private-International-Law-Considerations/Sooksripaisarnkit-Garimella/p/book/9781032805733
Anyone can use the below discount code to obtain 20% discount (available until 31st March 2026:
The editors are in the process of planning a book launch event (online). Currently, it is scheduled on 26th January 2026 between 8:00 -9:00 p.m (Australian Eastern Daylight Time). Further details will be announced once the full programme of event is available.
Crossroads in Private International Law Webinar with on ‘the EU Anti-SLAPP Directive’ at the University of Aberdeen
The Centre for Private International Law & Transnational Governance of the University of Aberdeen is continuing its Crossroads in Private International Law webinar series with a talk by Birgit van Houtert (Maastricht University) and Francesca Farrington (University of Liverpool) titled ‘The EU Anti-SLAPP Directive – Comparative Perspectives on Implementation’:
The Centre for Private International Law & Transnational Governance invites you to our next Crossroads in PIL webinar. This session brings together experts on Anti-SLAPP legislation from the UK and the Netherlands to discuss the Anti-SLAPP Directive. With 6 months to go before the Directive’s implementation deadline, this webinar will take stock of emerging best practices and challenges in implementing the directive and flesh out some unresolved questions.
Dr Francesca Farrington (University of Liverpool) will introduce the challenges posed by cross-border SLAPPs, before discussing how the Directive’s provisions on jurisdiction and recognition and enforcement of foreign judgments respond to these challenges. While these provisions represent a positive development, they also leave a number of issues unresolved and raise concerns about the fragmentation of European private international law.
Dr Birgit van Houtert (Maastricht University) will address the Dutch draft act regarding the transposition of the Anti SLAPP Directive. She will focus in particular on the challenges concerning the implementation of Articles 16 and 17 of the Directive. These core private international law provisions aim to provide protection for SLAPP targets against third country proceedings and judgments.
The webinar will be chaired by Prof Justin Borg-Barthet (University of Aberdeen).
Additional information and the link to register can be found here.