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AI in Arbitration: Will the EU AI Act Stand in the Way of Enforcement?
This guest post was written by Ezzatollah Pabakhsh, Master’s Student at the University of Antwerp
The European Union has taken an unprecedented step by regulating artificial intelligence (AI) through the EU AI Act, which is the world’s first comprehensive legal framework for AI governance. According to Recital 61, Article 6(2) and Annex III, 8(a), AI tools used in legal or administrative decision-making processes—including alternative dispute resolution (ADR), when used similarly to courts and producing legal effects—are considered high risk. These tools must comply with the strict requirements outlined in Articles 8 through 27. Read more
Clearly Inappropriate Down Under: Isaacman v King [No 2] and the Outer Limits of Long-Arm Jurisdiction
By Dr Sarah McKibbin, University of Southern Queensland
The Supreme Court of New South Wales’ decision in Isaacman v King [No 2][1] is the kind of case that tempts one to say ‘nothing to see here’, and yet it richly rewards a closer look. On a conventional application of Voth v Manildra Flour Mills[2] — the leading Australian authority on forum non conveniens — Garling J stayed proceedings that attempted to litigate a New York relationship dispute in Sydney, being ‘well satisfied’ that the NSW Supreme Court was a clearly inappropriate forum.[3] The reasons, though brief by design,[4] illuminate the transaction costs of jurisdictional overreach,[5] show how the Voth framework handles an extreme set of facts, and offer a careful case study for empirical debates about Australian ‘parochialism’ in jurisdictional decision-making. Read more
Indonesian Constitutional Court on International Child Abduction
THE INDONESIAN CONSTITUTIONAL COURT DECISION REAFFIRMED PARENTAL CHILD ABDUCTION IS A CRIMINAL OFFENCE
By: Priskila Pratita Penasthika[1]
INTRODUCTION
The Indonesian Constitutional Court Decision Number 140/PUU-XXI/2023, issued on 3 September 2024, confirms that parental child abduction is a criminal offence under Article 330(1) of the Indonesian Criminal Code. Prior to this Decision, Article 330(1) of the Criminal Code was understood as a provision that could not criminalise someone for child abduction if the abduction was committed by one of the biological parents.
After 3 September 2024, through this Constitutional Court Decision, the abduction of a child by one of the biological parents, when the parent does not have custody based on a final court decision, is reaffirmed as a criminal offence. Read more
News
Crossroads in Private International Law Webinar with on ‘the EU Anti-SLAPP Directive’ 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 Birgit van Houtert (Maastricht University) and Francesca Farrington (University of Liverpool) titled ‘The EU Anti-SLAPP Directive – Comparative Perspectives on Implementation’:
The Centre for Private International Law & Transnational Governance invites you to our next Crossroads in PIL webinar. This session brings together experts on Anti-SLAPP legislation from the UK and the Netherlands to discuss the Anti-SLAPP Directive. With 6 months to go before the Directive’s implementation deadline, this webinar will take stock of emerging best practices and challenges in implementing the directive and flesh out some unresolved questions.
Dr Francesca Farrington (University of Liverpool) will introduce the challenges posed by cross-border SLAPPs, before discussing how the Directive’s provisions on jurisdiction and recognition and enforcement of foreign judgments respond to these challenges. While these provisions represent a positive development, they also leave a number of issues unresolved and raise concerns about the fragmentation of European private international law.
Dr Birgit van Houtert (Maastricht University) will address the Dutch draft act regarding the transposition of the Anti SLAPP Directive. She will focus in particular on the challenges concerning the implementation of Articles 16 and 17 of the Directive. These core private international law provisions aim to provide protection for SLAPP targets against third country proceedings and judgments.
The webinar will be chaired by Prof Justin Borg-Barthet (University of Aberdeen).
Additional information and the link to register can be found here.
Launch of public consultation on a possible new HCCH convention
The Permanent Bureau of the HCCH is pleased to announce the launch of a public consultation on the Draft Text of a possible new convention on parallel proceedings and related actions, to be held from 18 November 2025 to 26 January 2026.
Experts, practitioners and judges from diverse legal traditions with experience in cross-border litigation and private international law more broadly are encouraged to participate in the consultation.
In 2021, the HCCH established a Working Group on matters related to jurisdiction in transnational civil or commercial litigation (WG), comprised of over 60 subject-matter experts from across the globe. The WG, after nine meetings, has developed a Draft Text containing provisions aimed at addressing parallel proceedings and related actions taking place in multiple States, acknowledging the primary roles of both jurisdictional rules and the doctrine of forum non conveniens. The objective of this future instrument would be to enhance legal certainty, predictability, and access to justice by reducing litigation costs and mitigating inconsistent judgments in transnational litigation in civil or commercial matters.
The public consultation seeks feedback on whether the Draft Text would, in practice, assist in addressing such matters and how the provisions in the Draft Text could be improved. The consultation is supported by a Consultation Paper comprising an Executive Summary, a detailed explanation of the key provisions and the operation of the Draft Text, and specific questions. Responses received from this consultation will be submitted to all HCCH Members for consideration in advance of the next meeting of the Council on General Affairs and Policy (CGAP), the governing body of the HCCH, in March 2026, at which the Members of the HCCH will decide on the next steps for the project.
For more information on the public consultation, please visit: https://www.hcch.net/en/projects/legislative-projects/jurisdiction/public-consultation
This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).
LEX and FORUM VOLUME I /2025
The sweeping pace of technological advancement and the accelerated transition to the digital realm are generating novel and complex challenges for the law. Established legal frameworks are increasingly being tested within the digital environment, where cutting-edge technologies — such as digital platforms and artificial intelligence — have come to play a decisive role in both social and economic activity.
Although the European Union may not yet have attained its full technological maturity, it stands at the forefront of confronting the legal implications of the digital era. The Union’s legislative agenda seeks to maintain a delicate equilibrium between, on the one hand, promoting innovation and technological development, and, on the other, safeguarding the fundamental rights of individuals while ensuring transparency and accountability among digital service providers. Read more