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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
Hague Academy Collected Courses published in 2025
The following information was kindly shared with us by De Gryuter Brill.
The Hague Academy is a renowned international institution dedicated to the study and teaching of public and private international law. Supported and recognized by the United Nations, the Academy aims to foster rigorous and impartial analysis of legal issues arising from international relations. Its courses address both theoretical and practical dimensions of international law, including legislation and case law. In principle, all courses are published in the Collected Courses of The Hague Academy of International Law in the language in which they were originally delivered. The courses on private international law that were published in 2025 are:
- Volume 451: Garcimartin, F.: Responses to a Legally Fragmented World: A Private Law Perspective (General Course of Private International Law)
- Volume 449: Esplugues, C.: New Dimensions in the Application of Foreign Law by Courts (and Arbitrators) and Non-Judicial Authorities
- Volume 446: Dickinson, A.: Natural Justice in Recognition and Enforcement of Foreign Judgments
- Volume 446: McLachlan, C.: On the Interface Between Public and Private International Law (General Course on International Law)
- Volume 445: Rodríguez Benot, A.: Le régime économique des couples en droit international privé
For a full listing, including the courses on public international law and international arbitration, please visit The Hague Academy Collected Courses Online / Recueil des cours de l’Académie de La Haye en ligne.
Virtual Workshop (in English) on February 3, 2026: Stellina Jolly on “Forging a Path for Climate Justice: Integrating Public and Private International Law in Transboundary Litigation in India”
On Tuesday, February 3, 2026, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Stellina Jolly (South Asian University) will speak, in English, about the topic
“Forging a Path for Climate Justice: Integrating Public and Private International Law in Transboundary Litigation in India”
Cross-border climate litigation, gaining traction globally, requires active engagement with private international law for effective dispute adjudication. Although Indian climate jurisprudence has not yet substantively addressed cross-border disputes, emerging trends suggest that this scenario may soon evolve. The talk analyses three plausible litigation scenarios involving Indian and foreign parties to assess the readiness of Indian private international law in addressing transboundary climate harm. Firstly, Indian plaintiffs filing cases in foreign jurisdictions against transnational corporations headquartered abroad, alleging climate-related harm caused within India; secondly, foreign plaintiffs filing cases before Indian courts for the harm caused by Indian transnational corporations in their jurisdictions; thirdly, foreign plaintiffs filing cases before Indian courts for the transboundary harm caused by Indian companies as a result of their Greenhouse gas (GHG) emissions. The talk evaluates the adequacy of Indian private international law in addressing cross-border climate cases and proposes incorporating environmental and human rights considerations in the determination of choice of law.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
New Book: La circolazione dello statuto personale / La circulation du statut personnel
A new collective volume entitled “La circolazione dello statuto personale / La circulation du statut personnel” has recently been published by Pacini Giuridica. Edited by Gustavo Cerqueira (Nice), Nicolas Nord (Strasbourg) and Claudio Scognamiglio (Rome), the book brings together the proceedings of an international conference held on 19 January 2024 in Rome, in the prestigious Giallombardo Hall of the Italian Court of Cassation. Read more