Views
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:
French Supreme Court ruling in the Lafarge case: the private international law side of transnational criminal litigations
In the Lafarge case (Cass. Crim., 16 janvier 2024, n°22-83.681, available here), the French Cour de cassation (chambre criminelle) recently rendered a ruling on some criminal charges against the French major cement manufacturer for its activities in Syria during the civil war. The decision addresses several key aspects of private international law in transnational criminal lawsuits and labour law.
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.
News
Inaugural event European Civil Justice Centre
In 2025, the European Civil Justice Centre (ECJC) was established at Erasmus School of Law in Rotterdam. This Centre was set up to facilitate the collaboration of scholars and other stakeholders across Europe and beyond in conducting research and related activities with a view to promoting access to justice. The Centre consolidates extensive work spearheaded by Erasmus School of Law civil justice scholars over the past fifteen years (see www.euciviljustice.eu), benefits in particular from support by the KU Leuven, and builds on collaborations with academics, practitioners and policy-makers around the globe. Read more
Crossroads in Private International Law Webinar with on ‘The Digital Afterlife: Digital succession and private international law’ at the University of Aberdeen
The Centre for Private International Law & Transnational Governance of the University of Aberdeen is continuing its Crossroads in Private International Law webinar series with a talk by Kirsten Henckel (Groningen University) titled ‘The Digital Afterlife: Digital succession and private international law’:
Over the past two decades, our daily lives have become ever more digital. This digitization has fundamentally reshaped the nature of property and inheritance. Digital assets ranging from social media accounts, emails and cloud-based archives to cryptocurrencies, NFTs and digital subscriptions now form an integral part of modern estates. These assets frequently lack clear legal classification and existing laws, largely designed for tangible property, struggle to accommodate their unique characteristics.
This webinar examines the emerging field of digital succession through the lens of private international law, highlighting issues that arise when digital estates span multiple jurisdictions. Key issues include determining jurisdiction and applicable law as well as enforcing rights across borders.
Additional information and the link to register can be found here.
Rivista di diritto internazionale privato e processuale (RDIPP) No 3/2025: Abstracts
The third issue of 2025 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) will be released shortly. It features:
Cristina Campiglio, Professor at the University of Pavia, Cittadinanza iure sanguinis e nazionalità: riflessioni internazionalprivatistiche [Citizenship by Birthright and Nationality: Private International Law Reflections; in Italian] Read more