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Conference report ‘European Account Preservation Order: Practical Challenges and Prospects for Reform’ (University of Luxembourg, 3 December 2024)
This report was written by Carlos Santaló Goris, postdoctoral researcher at the University of Luxembourg
Recent developments on the application of the EAPO Regulation
On 3 December 2024, the conference ‘European Account Preservation Order: Practical Challenges and Prospects for Reform’ took place at the University of Luxembourg, organized by Prof. Gilles Cuniberti (University of Luxembourg). The conference also served as an occasion to present the book ‘European Account Preservation Order – A Multi-jurisdictional Guide with Commentary’, published by Bruylant/Larcier. The book was co-edited by Dr. Nicolas Kyriakides (University of Nicosia), Dr. Heikki A. Huhtamäki (Huhtamäki Brothers Attorneys Ltd), and Dr. Nicholas Mouttotos (University of Bremen), and offers a comprehensive overview on the application of the European Account Preservation Order (‘EAPO’) at the national level. It contains a report for each Member State where the EAPO Regulation applies, addressing specific aspects of the EAPO procedure that depend on domestic law.
The conference was structured into two panel discussions. The first panel focused on the specific issues regarding the application of the EAPO Regulation identified by practitioners with first-hand experience with this instrument. The second panel discussion explored the potential reform of the EAPO Regulation and which specific changes should be implemented to improve its application. This report aims to offer an overview of the main highlights and outputs of the presentations and discussions of the conference. Read more
The Art. 2(b) CISG Conundrum: Are Tender Contracts Under the Ambit of an Auction?
Introduction
It is beyond dispute that The Convention of International Sales of Goods, 1980 (CISG) has facilitated international trade disputes. However, Courts and tribunals continue to apply their minds in adjudicating the applicability of CISG before advancing into substantive issues. This exercise is not very prolific as it prolongs proceedings. Chapter 1 of the convention lays down the scope and extent of the CISG. Amongst other things, the CISG application does not apply to contracts formed by, inter-alia, auctions under Art. 2(b) of CISG. The word auction itself is nowhere defined in the convention.
Japanese Court Enforces a Singaporean Judgment Ordering the Payment of Child Living Expenses
I. Introduction
Foreign family law decisions can be recognized, and where necessary, enforced in Japan if they meet the prescribed requirements for this purpose. Prior to 2018, it was an establish practice to apply the same recognition and enforcement regime used for civil and commercial matters to foreign family law decisions. However, discussions existed in literature regarding whether constitutive family law judgments and decrees should be recognized following the choice of law approach, or whether the specific characteristics of foreign family law decisions might justify exceptions, such as the non-application of certain recognition requirements (see Mario Takeshita, “The Recognition of Foreign Judgments by Japanese Courts” 39 Japanese Annual of International Law (1996) 59-61). Read more
News
Marola on International Jurisdiction over Infringements of Personality Rights in EU Private International Law: Book Review
Giacomo Marola’s International Jurisdiction over Infringements of Personality Rights in EU Private International Law (2025 Wolters Kluwer) addresses a deceptively simple but persistently debated question: where should a claimant be entitled to sue when reputation, privacy, or personal data are infringed across borders? As the book makes clear from the outset, this question lies at the intersection of private international law, fundamental rights, and the realities of online communication. Personality rights disputes are structurally conflictual, typically opposing the protection of moral integrity to freedom of expression, while the Internet continues to strain jurisdictional rules built around territorial connecting factors. Against this backdrop, the book offers a timely and systematic assessment of the EU framework.
Chapter I constitutes the analytical core of the work. It provides a detailed examination of Article 7(2) of the Brussels I-bis Regulation and the Court of Justice’s case law on the ‘place of the harmful event’ in personality rights disputes. From Shevill to eDate Advertising, Bolagsupplysningen, Mittelbayerischer and Gtflix, Marola carefully examines the construction of locus actus and locus damni, focusing in particular on the publisher’s place of establishment, the persistence of the ‘mosaic’ approach, and jurisdiction based on the victim’s centre of interests. The chapter goes beyond doctrinal reconstruction by assessing these solutions against the objectives of proximity, predictability, and procedural balance, and by advancing a well-argued proposal de lege ferenda.
Chapter II places the EU approach in comparative perspective through an analysis of US jurisdictional doctrine in defamation and online tort cases. By retracing the path from Keeton and Calder to the rise and decline of the Zippo test and the renewed prominence of the ‘effects’ doctrine, the chapter sheds light on both convergences and structural differences. In doing so, it provides a useful corrective to overly enthusiastic transatlantic borrowings sometimes found in the European literature.
The final chapter turns to the General Data Protection Regulation and its interaction with the Brussels I-bis Regulation. Chapter III examines both public and private enforcement mechanisms, with particular attention to Article 79 GDPR and its implications for jurisdictional choice in data protection litigation. By integrating GDPR disputes into the broader analysis of personality rights, the book captures an increasingly central area of cross-border litigation.
Overall, the monograph combines doctrinal precision, critical insight, and pragmatic proposals, making it a valuable contribution for scholars and practitioners engaged with jurisdictional questions at the crossroads of EU private international law and fundamental rights.
AAPrIL’s Feb 2026 Seminar: Pitel on ‘Reconsidering the “Proper Party” Basis for Jurisdiction’
On Thursday 12 February 2026, the Australasian Association of Private International Law (AAPrIL) is hosting its first seminar of 2026, as Professor Stephen Pitel presents free online and in-person (Qld, Australia) on the topic, ‘Reconsidering the “Proper Party” Basis for Jurisdiction’.
Abstract:
In several jurisdictions the fact that a defendant is a ‘proper party’ to a legal proceeding constitutes a sufficient basis for taking jurisdiction over that defendant. Advocates of the proper party basis rely on considerations of fairness and efficiency to support it. Do these considerations support the proper party basis, especially if it is given a wide scope? Recently Canadian courts have been reconsidering their approach to the proper party basis, as seen (somewhat opaquely) in Sinclair v Venezia Turismo, 2025 SCC 27. This presentation will explore that reconsideration and offer thoughts for changes in other jurisdictions including Australia and New Zealand.
Chair:
Mary Keyes is Professor of Law at Griffith University, and President of AAPrIL. She is a leading scholar on questions of international jurisdiction and international family law. Mary is co-author of Private International Law in Australia, and is a member of the Working Group on Jurisdiction at the Hague Conference on Private International Law.
Presenter:
Stephen Pitel Stephen G.A. Pitel is a Professor in the Faculty of Law at Western University. His research and teaching are focused on private international law, tort law, civil procedure and legal ethics. Stephen is the author of Conflict of Laws (3rd ed. 2025) and co-author of Private International Law in Common Law Canada: Cases, Text and Materials (5th ed. 2023) and Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act (2012). His tort law scholarship includes co-authoring Fridman’s The Law of Torts in Canada (4th ed. 2020) and Cases and Materials on the Law of Torts (11th ed. 2023). In the field of legal ethics, Stephen is a contributor to Lawyers’ Ethics and Professional Regulation (4th ed. 2021). He is a former President of the Canadian Association for Legal Ethics.
Details:
Date and time: Thursday 12 February 2026, 5:00pm to 6:00pm (AEST)*
Date and time Thursday 12 February 2026, 5:00pm to 6:00pm (AEST)
in person: Griffith University, Southbank, Brisbane: Room 4.03 Building S07. The map is available here.
RSVP (essential): Please register via this link by COB Wednesday 11 February 2026, and advise whether you are attending in person or online. Please access the Teams link here. There is no cost.
* NZ. 8:00pm-9:pm; ACT, NSW, Tas and Vic. 6:00pm-7:00pm; SA, 5:30pm-6:30pm; Qld, PNG. 5:00pm-6:00pm; NT, 4:30pm-5:30pm; WA, 3:00pm-4:00pm
Open Online Conference: “Cross-Border Enforcement of Child Support: Pros and Cons of the Different National Systems” on January 28th, 2026 3-5:30pm CET
The Child Support Forum in cooperation with the International Union of Judicial Officers is pleased to invite every interested stakeholders of the cross border child support recovery to an open conference on January 28th, 2026 from 3 to 5:30 pm (CET).
According to Art. 41 of Regulation (EC) No. 4/2009 and Art. 32 of the 2007 Child Support Convention, the enforcement procedure shall be governed by the law of the state of enforcement. But in practice, the prospects of successfully initiating cross-border enforcement proceedings are not always easy to assess. In order to enforce successfully, it is necessary to know the specifics of the legal system of the state of enforcement (the Requested state).
Key questions in this context are:
- What does the process of enforcement of child support looks like in different states?
- Are maintenance claims given a degree of priority?
- How do Central Authorities facilitate the ongoing enforcement of maintenance decisions?
- What are the conditions for children to be exempted from costs?
The meeting aims to review the international legal framework and provide an overview of the various national enforcement systems. Finally, the advantages and disadvantages of the different systems from a legal policy perspective shall be discussed.
The participation is free of charge but registration is required.
To register, click here.