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
Talk by Yuko Nishitani on Colonialism and Japanese International Family Law (27 Nov, 12pm noon GMT, Zoom)
This Thursday, the University of Augsburg will be hosting a talk
by Yuko Nishitani (University of Kyoto)
on Colonialism and (International) Family Law from a Japanese Perspektive
(Kolonialismus und Familienrecht aus japanischer Sicht)
27 November 2025, 12pm noon GMT
(= 1pm in Germany / 9pm in Japan)
The talk will be given in German, followed by a discussion.
Everyone interested is warmly invited to join via this Zoom link.
International Conference: EU Succession Regulation – A Decade in Application
An international conference focusing on the EU Succession Regulation (“EU Succession Regulation: A Decade in Application”) will take place in Warsaw on December 9, 2025. Hosted by the Institute of Justice in Warsaw, the event will comprehensively assess the first decade of the Regulation’s application, highlighting its impact and future challenges.
New book: Legal Challenges of China’s One Belt One Road Initative: Private International Law Considerations
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.