Views
U.S. Supreme Court Decides Great Lakes
On February 21, 2024, the U.S. Supreme Court handed down its decision in Great Lakes Insurance SE v. Raiders Retreat Realty Company, LLC.
The question presented was whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the U.S. state whose law is displaced. In a unanimous opinion authored by Justice Kavanaugh, the Court concluded that the answer to this question was no. It held that choice-of-law provisions in maritime contracts are presumptively enforceable as a matter of federal maritime law. It further held that while there are narrow exceptions to this rule, state public policy is not one of them.
Implied Jurisdiction Agreements in International Commercial Contracts
Authors: Abubakri Yekini (Lecturer in Conflict of Laws at the University of Manchester) and Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham, Senior Research Associate at the University of Johannesburg).
A Introduction
In an increasingly globalised economy, commercial transactions often involve business entities from different countries. These cross-border transactions present complex legal questions, such as the place where potential disputes will be adjudicated. To provide certainty, commercial parties often conclude ex ante agreements on the venue for dispute resolution by selecting the court(s) of a particular state. However, what happens if no such express agreement over venue is reached for resolving a contractual dispute? Could consent to the venue be implicitly inferred from the parties’ conduct or other factors?
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:
News
HCCH Monthly Update: September 2025
HCCH Monthly Update: September 2025
Conventions & Instruments
On 18 September 2025, Argentina deposited its instrument of ratification of the 1996 Child Protection Convention. With the ratification of Argentina, the Convention now has 58 Contracting Parties. It will enter into force for Argentina on 1 January 2026.More information is available here.
Meetings & Events
On 11 and 12 September 2025, the Permanent Bureau of the HCCH hosted a Roundtable and Training on the application of the 1980 Child Abduction and 1996 Child Protection Conventions, in particular concerning the children of Ukraine. More information is available here.
From 17 to 19 September 2025, the Experts’ Group (EG) on Central Bank Digital Currencies (CBDCs) held its fourth working meeting. Pursuant to its mandate, the EG made further progress on the study of the applicable law and jurisdiction issues raised by the cross-border use and transfers of CBDCs. More information is available here.
On 25 and 26 September, the Permanent Bureau of the HCCH hosted training on the HCCH’s core family law Conventions and projects for a group of judges and court officials from 16 States. The training was organised in cooperation with the European Judicial Training Network. More information is available here.
On 26 September 2025, the second meeting of the Working Group (WG) established to finalise the Model Forms pertaining to Chapter II of the 1970 Evidence Convention was held online.
Upcoming Events
Registration is now open to the public for online participation in the “HCCH-IDLO Dialogue on Digitalisation of Public Services and Justice”. The event will be held on Friday 10 October 2025, from 10.00 to 11.30 a.m. (CEST). Interested persons should register no later than Tuesday 7?October 2025 via this registration form. More information is available here.
Vacancies
Applications are now open for the position of Legal Officer. The deadline for the submission of applications is 1 November 2025. More information is available here.
Applications are now open for the position of Finance / Human Resources Assistant. The deadline for the submission of applications is 11 October 2025. 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.
Call for Applications: Lindemann Fellowship for PIL
The University of Hamburg has announced its second Call for Applications for the Lindemann Fellowship for Private International Law. Eligible are researchers based in Europe who recently completed or are close to completing their PhD studies, with a main research focus on conflict of laws and/or international civil procedure.
Becoming a Lindemann Fellow means having a 3-year grant within a vibrant European network, fully funded annual meetings to present and discuss your research, and publication in an open-access collected volume.
More information about the Fellowship is available at the webpage: https://www.jura.uni-hamburg.de/duden/60-fellowship-lindemann.html
Applications (combined into a single PDF) must be submitted by 1 November 2025 to lindemann-fellowship@uni-hamburg.de.
The White Paper on Digital Product Passports and Critical Raw Materials for Batteries: Legal Conflicts and Principles for Cross-Border Cooperation
The White Paper on “Digital Product Passports and Critical Raw Materials for Batteries: Legal Conflicts and Principles for Cross-Border Cooperation” is now formally published on the UNECE website!
The United Nations Economic Commission for Europe White Paper identifies and analyses the critical legal challenges in implementing Digital Product Passports (DPPs) for Critical Raw Materials (CRMs), including cobalt, copper, lithium, and nickel. These materials are essential for Energy Transition, for example, electric vehicles.
Yet, tracing their journey from mines to markets to recycling is legally complex and globally inconsistent. This fragmentation hinders sustainability and transition to circular economy.
The White Paper provides policymakers and businesses with: An analysis of conflicting legal frameworks in implementing DPPs; Guiding principles for cross-border cooperation in CRM-Battery value chains.
Read the full White Paper here.