Views
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.
„El clásico“ of Recognition and Enforcement – A Manifest Breach of Freedom of Expression as a Public Policy Violation: Thoughts on AG Szpunar 8.2.2024 – Opinion C-633/22, ECLI:EU:C:2024:127 – Real Madrid Club de Fútbol
By Madeleine Petersen Weiner, Research Fellow and Doctoral Candidate at Heidelberg University
Introduction
On 8 February 2024, Advocate General (AG) Szpunar delivered his Opinion on C-633/22 (AG Opinion), submitting that disproportionate damages for reputational harm may go against the freedom of expression as enshrined in Art. 11 Charter of Fundamental Rights of the European Union (CFR). The enforcement of these damages therefore may (and at times will) constitute a violation of public policy in the enforcing state within the meaning of Art. 34 Nr. 1 Brussels I Regulation. The AG places particular emphasis on the severe deterring effect these sums of damages may have – not only on the defendant newspaper and journalist in the case at hand but other media outlets in general (AG Opinion, paras. 161-171). The decision of the Court of Justice of the European Union (CJEU) will be of particular topical interest not least in light of the EU’s efforts to combat so-called “Strategic Lawsuits Against Public Participation” (SLAPPs) within the EU in which typically financially potent plaintiffs initiate unfounded claims for excessive sums of damages against public watchdogs (see COM(2022) 177 final).
Dubai Supreme Court Admits Reciprocity with the UK and Enforces an English Judgment
Introduction:
I have been reporting on this blog some recent cases from the Dubai Supreme Court (DSC) regarding the recognition and enforcement of foreign judgments (see here, here and here). Reading these posts may have given the legitimate impression that the enforcement of foreign judgments in the UAE, and especially in Dubai, is particularly challenging. This post aims to mitigate that perception by shedding light on a very recent case in which the Dubai courts, with the approval of the DSC, ruled in favor of the enforcement of an English judgment. As the comments below indicate, this is probably the very first case in which the DSC has positively ruled in favor of the enforcement of an English judgment by declaring that the judgment in question met all the requirements set out in UAE law, and in particular, the reciprocity requirement.
News
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.
First View Articles on the Third Issue of the International and Comparative Law Quarterly for 2025
The first view article of the third issue of the ICLQ for 2025 was published yesterday. It contains the following article on conflict of laws:
Ardavan Arzandeh, “Anti-Suit Injunctions in Support of Foreign Dispute-Resolution Clauses”
Courts in England ordinarily grant anti-suit injunctions when proceedings are (or will soon be) initiated in a foreign court in breach of clauses which subject disputes to the exclusive jurisdiction of courts, or refer them to arbitration, in England. Would they, however, grant such relief in support of foreign dispute-resolution clauses? In UniCredit Bank v RusChemAlliance, the Supreme Court of the United Kingdom answered this question in the affirmative, thus expanding the English courts’ power to issue anti-suit injunctions. This article seeks to assess the likely extent of this expansion and the future implications it could have for the law on anti-suit injunctions in England. The article also examines the Supreme Court’s pronouncements on the other significant issue in the case concerning the law governing arbitration agreements and their potential effect following the enactment of the Arbitration Act 2025.
Recent report on the Netherlands Commercial Court
Readers of this blog who are keen on the theme of commercial courts might be interested in the recent report ‘An interim assessment during the start-up phase of the Netherlands Commercial Court (NCC)’. This document is authored by T. Geurts, Y.N. Overvelde & M.P.C. Scheepmaker. The authors conducted an empirical study for the Research and Data Centre (WODC), an independent knowledge agency of the Dutch Ministry of Justice and Security.
Along with the full report in Dutch, a summary in English and a helpful accompanying post are available online.
The report provides several insights, including information on the NCC’s caseload in the past years, the countries where the litigating parties were domiciled, and the legal practitioners’ familiarity with the NCC’s work. Furthermore, the authors reflect on the future perspectives of the NCC.
Earlier posts on commercial posts are available here, with further links.