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New rules for extra-territorial jurisdiction in Western Australia
The rules regarding service outside the jurisdiction are about to change for the Supreme Court of Western Australia.
In a March notice to practitioners, the Chief Justice informed the profession that the Supreme Court Amendment Rules 2024 (WA) (Amendment Rules) were published on the WA legislation website on 26 March 2024.
The Amendment Rules amend the Rules of the Supreme Court 1971 (WA) (RSC). The primary change is the replacement of the current RSC Order 10 (Service outside the jurisdiction) while amending other relevant rules, including some within Order 11 (Service of foreign process) and Order 11A (Service under the Hague Convention).
The combined effect of the changes is to align the Court’s approach to that which has been applicable in the other State Supreme Courts for some years.
The changes will take effect on 9 April 2024. Read more
International tech litigation reaches the next level: collective actions against TikTok and Google
Written by Xandra Kramer (Erasmus University Rotterdam/Utrecht University) & Eduardo Silva de Freitas (Erasmus University Rotterdam), members of the Vici project Affordable Access to Justice, financed by the Dutch Research Council (NWO), www.euciviljustice.eu.
Introduction
We have reported on the Dutch WAMCA procedure for collective actions in a number of previous blogposts. This collective action procedure was introduced on 1 January 2020, enabling claims for damages, and has since resulted in a stream of (interim) judgments addressing different aspects in the preliminary stages of the procedure. This includes questions on the admissibility and funding requirements, some of which are also of importance as examples for the rolling out of the Representative Action Directive for consumers in other Member States. It also poses very interesting questions of private international law, as in particular the collective actions for damages against tech giants are usually international cases. We refer in particular to earlier blogposts on international jurisdiction in the privacy case against TikTok and the referral to the CJEU regarding international jurisdiction under the Brussels I-bis Regulation in the competition case against Apple.
Turning Point: China First Recognizes Japanese Bankruptcy Decision
This post is written by Guodong Du and Meng Yu and published at China Justice Observer. It is reproduced here by kind permission of the authors.
Key takeaways:
- In September 2023, the Shanghai Third Intermediate People’s Court ruled to recognize the Tokyo District Court’s decision to commence civil rehabilitation proceedings and the order appointing the supervisor ((2021) Hu 03 Xie Wai Ren No.1).
- This marks not only the first time that China has recognized a Japanese court’s decision in a bankruptcy procedure, but also the first time that China has recognized a Japanese judgment.
- The case establishes a legal precedent for cross-border bankruptcy decisions, demonstrating that prior non-recognition patterns between China and Japan in civil and commercial judgments may not apply in such cross-border scenarios.
- While not resolving the broader recognition challenges between the two nations, this acknowledgment sends a positive signal from the Chinese court, hinting at potential future breakthroughs and fostering hope for improved legal cooperation.
News
Giustizia consensuale No 1/2025: Abstracts
The first issue of 2025 of Giustizia consensuale (published by Editoriale Scientifica) has been released, and it features:
Cesare Cavallini (Professor at Bocconi University, Milan), L’arbitrato come processo e giustizia consensuale (Arbitration as a Process and Consensual Justice; in Italian).
The essay aims to analyze the phenomenon of private autonomy and consensual justice in arbitration as it has evolved through various reforms. The goal is to highlight arbitration as a process and a form of consensual justice that is alternative yet distinct from ordinary judicial proceedings and fully aligned with constitutional principles. This objective becomes even more significant when compared to the very different and controversial issues discussed in American legal doctrine, which instead point to an unceasing erosion of rights through a blending of public interferences in arbitration and private ones in ordinary justice, raising concerns about the legitimacy of private autonomy within the framework of civil protections under constitutional scrutiny. Read more
Call for abstracts on the Succession Regulation (EU) 650/2012
The private international law experts from the University Rovira i Virgili (URV-Tarragona) and the University of Lleida (UdL) together with the Notarial Association of Catalonia, are organizing I INTERNATIONAL CONFERENCE ON THE REVIEW OF REGULATION (EU) 650/2012 AFTER TEN YEARS OF APPLICATION.
– The deadline for receiving abstracts has been extended until 29 September 29 2025.
– The scientific committee will decide on the acceptance on 14 October 2025.
– The conference will take place in Barcelona, on 11 and 12 of November 2025.
The call is open for any of the main thematic areas: scope, definitions, jurisdiction, applicable law, recognition, enforceability and enforcement of decisions and documents, the European Certificate of Succession and other complementary provisions. Communications accepted will be presented in person during the seminar for approximately five or seven minutes each. Applications to present a communication proposal must meet the following requirements: identification of the author and his/her academic category, the subject to which the paper belongs, the title of the communication, an abstract of the communication, which should be between 300 and 500 words in length.
The application should be sent to: reglamentosucesiones@urv.cat
Communications will be selected according to their relevance in terms of the chosen thematic area; quality in the treatment of the topic and originality.
This Conference is part of the research project: “The review of Regulation 650/2012, in matters of succession: application assessment and proposals for amendments”, which is funded by the Spanish Ministry of Science, Innovation and Universities (reference PID2023-149454NB-I00). The duration of the project is four years (2024-2028) and this Conference is the first international scientific meeting planned among the project activities.
More information i available at the official web page.
Advance Article for Issue Three of the Uniform Law Review for 2025
An advanced article on conflict of laws for issue three of 2025 for Uniform Law Review was recently published.
Cayetana Santaolalla Montoya, “The challenges of blockchain arbitration from a private international law perspective”
This article aims to explore the emergence of blockchain arbitration and the legal challenges it poses from a private international law perspective. It examines the legal implications of this new type of arbitration and its feasibility under international regulatory frameworks (including the European Union, the USA, and the 1958 New York Convention), and it assesses leading decentralized justice platforms such as Kleros, Aragon, and Jur. The study highlights the fundamental differences between blockchain arbitration and traditional arbitration, identifying challenges such as the absence of a seat, the anonymity of parties and arbitrators, and the tension between decentralization and legal oversight. Finally, it explores future trends and proposes recommendations to adapt existing regulatory frameworks, concluding that, while blockchain arbitration will not replace classical arbitration in the short term, it could establish itself as a valuable complement to resolve disputes in the global digital economy.