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The 2019 Hague Judgments Convention Applied by Analogy in the Dutch Supreme Court
Written by Birgit van Houtert, Assistant Professor of Private International Law at Maastricht University
On 1 September 2023, the 2019 Hague Judgments Convention (HJC) entered into force. Currently, this Convention only applies in the relationship between EU-Member States and Ukraine. Uruguay has also ratified the HJC on 1 September 2023 (see status table). The value of the HJC has been criticised by Haimo Schack inter alia, for its limited scope of application. However, the HJC can be valuable even beyond its scope as this blog will illustrate by the ruling of the Dutch Supreme Court on 29 September 2023, ECLI:NL:HR:2023:1265.
Which Law Governs Subject Matter Arbitrability in International Commercial Disputes?
Written by Kamakshi Puri[1]
Arbitrability is a manifestation of public policy of a state. Each state under its national laws is empowered to restrict or limit the matters that can be referred to and resolved by arbitration. There is no international consensus on the matters that are arbitrable. Arbitrability is therefore one of the issues where contractual and jurisdictional natures of international commercial arbitration meet head on.
Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia
Written by Seung Chan Rhee and Alan Zheng
Suppose a company sells tickets for cruises to/from Australia. The passengers hail from Australia, and other countries. The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. The company is incorporated in Bermuda. Cruises are only temporarily in Australian territorial waters.
News
Second Issue of Lloyd’s Maritime and Commercial Law Quarterly for 2025
The second issue of LMCLQ was recently published.
It contains the following conflict of laws works,
David Foxton, “The Applicable Law of an Arbitration Agreement: Floating or on the Rocks?”
Marcus Teo and Kah-Wai Tan, “Territoriality over Universalism”
Adrian Briggs, “Submission to a Russian Court”
Virtual Workshop (in English) on June 3, 2025: Michael Karayanni on “Voice and Exit in Private International Law: The Case of the Israeli Inter-religious Regime”
On Tuesday, June 3, 2025, 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). Professor Michael Karayanni (Hebrew University of Jerusalem) will speak, in English, about the topic
“Voice and Exit in Private International Law: The Case of the Israeli Inter-religious Regime”
Private international law can play a significant role in countries with inter-religious legal regimes by offering individuals an option to “exit” their personal religious law in favor of secular law in effect in a foreign country. My presentation will examine the development of the lex loci celebrationis choice of law rule within Israel’s inter-religious regime. Additionally, it will investigate whether this development has empowered individuals with an adequate “voice” to challenge community-based religious norms.
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.
RabelsZ: New issue alert
Issue 2 of RabelsZ 89 (2025) is out. All content is Open Access: CC BY 4.0 and more articles are available Online First. The full table of contents is available here.