Views
Colonialism and German PIL (4) – Exploiting Asymmetries Between Global North and South
This post is part of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. See the introduction here.
As mentioned in the introduction, this series does not intent to automatically pass judgment on a norm or method influenced by colonialism as inherently negative. Instead, the aim is to reveal these influences and to initiate a first engagement with and awareness of this topic and to stimulate a discussion and reflection.
The first post (after the introduction) dealt with classic PIL and colonialism. This second considered structures and values inherent in German or European law, implicitly resonating within the PIL and, thus, expanding those values to people and cases from other parts of the world. The third category discusses an imagined hierarchy between the Global North and Global South that is sometimes inherent in private international law thinking. The fourth and for the moment last (but not least) category deals with PIL rules that allow or at least contribute to the exploitation of a power asymmetry between parties from the Global North and the Global South. For example, this power and negotiation asymmetry, in conjunction with generous rules on party autonomy, can lead to arbitration and choice of law clauses being (ab)used to effectively undermine rights of land use under traditional tribal law.
After the first post, in the comment section a discussion evolved regarding the (non-)application of tribal law. One question asked for an example. This post can also (hopefully) serve as such an example.
Colonialism and German PIL (3) – Imagined Hierachies
This post is part of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. See the introduction here.
As mentioned in the introduction, this series does not intent to automatically pass judgment on a norm or method influenced by colonialism as inherently negative. Instead, the aim is to reveal these influences and to initiate a first engagement with and awareness of this topic and to stimulate a discussion and reflection.
The first post (after the introduction) dealt with classic PIL and colonialism and already sparked a vivid discussion in the comments section. This second considered structures and values inherent in German or European law, implicitly resonating within the PIL and, thus, expanding those values to people and cases from other parts of the world. The third category discusses an imagined hierarchy between the Global North and Global South that is sometimes inherent in private international law thinking, for instances where courts or legislators abstractly or paternalistically apply the public policy to “protect” individuals from foreign legal norms. This is especially evident in areas like underage marriages and unilateral divorce practices found inter alia in Islamic law.
US Ninth Circuit rules in favor of Spain in a decades-long case concerning a painting looted by the Nazis
This interesting case comment has been kindly provided to the blog by Nicolás Zambrana-Tévar, LLM, PhD, KIMEP University
The United States Court of Appeals for the Ninth Circuit has found in favor of Spain as defendant in a property case spanning several decades. A panel of three judges has unanimously ruled that, applying California conflict of law rules, Spain has a stronger interest than the claimants in the application of its own domestic law, including its own rules on prescriptive acquisition of property and the statute of limitations, thus confirming the ownership of a stolen painting, now owned by a Spanish museum.
News
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.
Call for Abstracts: Special Issue of the Italian-Spanish Journal of Procedural Law: “From Gavel to Grid: Reimagining Civil Justice in the Digital Era”
Gina Gioia, Jordi Nieva-Fenoll, and Seyedeh Sajedeh Salehi are inviting submissions for a Special Issue of the Italian-Spanish Journal of Procedural Law, which will be published under the title “From Gavel to Grid: Reimagining Civil Justice in the Digital Era”.
The details can be found in the attached Call for Papers.