Views
A note on “The BBC Nile” in the High Court of Australia – foreign arbitration agreement and choice of law clause and Article 3(8) of the Amended Hague Rules in Australia
By Poomintr Sooksripaisarnkit
Lecturer in Maritime Law, Australian Maritime College, University of Tasmania
Introduction
On 14th February 2024, the High Court of Australia handed down its judgment in Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4. The case has ramifications on whether a foreign arbitration clause (in this case, the London arbitration clause) would be null and void under the scheme of the Carriage of Goods by Sea Act 1991 (Cth) which makes effective an amended version of the International Convention on the Unification of Certain Rules of Law relating to Bills of Lading, Brussels, 25 August 1924 (the “Hague Rules”). The argument focused on the potential effect of Article 3(8) of the Amended Hague Rules, which, like the original version, provides:
French Supreme Court ruling in the Lafarge case: the private international law side of transnational criminal litigations
In the Lafarge case (Cass. Crim., 16 janvier 2024, n°22-83.681, available here), the French Cour de cassation (chambre criminelle) recently rendered a ruling on some criminal charges against the French major cement manufacturer for its activities in Syria during the civil war. The decision addresses several key aspects of private international law in transnational criminal lawsuits and labour law.
Looking but not Seeing the Economic Unit in Cartel Damage Claims – Opinion of Advocate General in Case C-425/22, MOL Magyar Olaj- és Gázipari Nyrt. v Mercedes-Benz Group AG
By Professor András Osztovits*
I. Introduction
The heart of European economic integration is the Single Market, which can only function properly and provide economic growth and thus social welfare if effective competition rules ensure a level playing field for market players. The real breakthrough in the development of EU competition policy in this area came with Regulation 1/2003/EC, and then with Directive 2014/104/EU which complemented the public law rules with private law instruments and made the possibility to bring actions for damages for infringement of competition law easier.
News
Making private law resilient: The role of private litigation in a democracy – PhD scholarship at Leuphana University Lüneburg, Germany
Axel Halfmeier (Leuphana University Lüneburg, Germany) has kindly shared the following advertisement for a 3-year PhD scholarship with us, which will be part of a research project on ‘Making private law resilient: The role of private litigation in a democracy’.
The research project will investigate the role of private litigation in a democracy, in particular collective litigation, public interest actions or strategic litigation. There is an ongoing discussion about these phenomena and whether they support deliberative democracy by empowering citizens or are anti-democratic in the sense that they transfer excessive power to the judiciary in political questions. To answer this question, normative (legal doctrine, legal theory, political theory) but also empirical approaches are possible. The project can also focus on specific areas of private law, such as media and data protection law, climate litigation, capital markets or tort law in general. The exact study design will be discussed with a view to the interests and qualifications of the candidate.
Application deadline is October 1st, 2025.
Further information on the ‘Embracing Transformation’ scholarships can be found here.
Further information on the specific research project on ‘Democratic Resilience’ is available here.
Questions may be directed to Axel Halfmeier.
HCCH Monthly Update: June 2025
Conventions & Instruments
On 17 June 2025, the Republic of Korea deposited its instrument of ratification of the 1993 Adoption Convention. With the ratification of the Republic of Korea, the 1993 Adoption Convention now has 107 Contracting Parties. It will enter into force for the Republic of Korea on 1 October 2025. More information is available here.
On 30 June 2025, Denmark signed the 2007 Child Support Convention and deposited its instrument of approval of the Convention. With the approval of Denmark, 55 States and the European Union are bound by the 2007 Child Support Convention. It will enter into force for Denmark on 1 October 2025. More information is available here.
Meetings & Events
On 5 June 2025, the first meeting of the Working Group established to finalise the Good Practices document relevant to the 1965 Service, 1970 Evidence, and 1980 Access to Justice Conventions was held online, hosted by the Permanent Bureau. More information is available here.
On 13 June 2025, the Working Party on Cross-Border Family Mediation in the Context of the Malta Process met online. More information is available here.
From 16 to 18 June 2025, the Experts’ Group on Digital Tokens met for the first time. More information is available here.
From 25 to 27June 2025, HCCH Asia Pacific Week 2025 was held in Seoul, co-hosted by the Republic of Korea and the HCCH. The conference brought together over 400 participants from across Asia and the Pacific and beyond for wide-ranging discussions on the most recent developments relating to the HCCH’s key Conventions and instruments, ongoing normative projects, and possible future work. More information is available here.
Other Developments
On 2 June 2025, the Host Seat Agreement between Morocco and the HCCH was signed in Rabat, establishing the Regional Office for Africa of the HCCH. More information is available here.
These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.