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The CJEU on Procedural Rules in Child Abduction Cases: private international law and children’s rights law
Comment on CJEU case Rzecznik Praw Dziecka e.a., C-638/22 PPU, 16 February 2023)
Written by Tine Van Hof, post-doc researcher in Private International Law and Children’s Rights Law at the University of Antwerp, previously published on EU live
The Court of Justice of the EU has been criticised after some previous cases concerning international child abduction such as Povse and Aguirre Zarraga for prioritising the effectiveness of the EU private international law framework (i.e. the Brussels IIa Regulation, since replaced by Brussels IIb, and the principle of mutual trust) and using the children’s rights law framework (i.e. Article 24 of the EU Charter of Fundamental Rights and the principle of the child’s best interests) in a functional manner (see e.g. Silvia Bartolini and Ruth Lamont). In Rzecznik Praw Dziecka the Court takes both frameworks into account but does not prioritise one or the other, since the frameworks concur.
Reappreciating the Composite Approach with Anupam Mittal v Westbridge II
Written by: Aditya Singh, BA.LL.B. (Hons) student at the National Law School of India University(NLSIU), Bengaluru and line editor at the National Law School Business Law Review (NLSBLR)
I. INTRODUCTION
The debate surrounding the composite approach i.e., the approach of accommodating the application of both the law applicable to the substantive contract and the Lex Fori to the arbitration clause has recently resurfaced with Anupam Mittal v Westbridge Ventures II (“Westbridge”). In this case, the Singapore Court of Appeal paved way for application of both the law governing substantive contract and the Lex Fori to determine the arbitrability of the concerned oppression and mismanagement dispute. The same was based on principle of comity, past precedents and s 11 of the International Arbitration Act. The text of s 11 (governing arbitrability) does not specify and hence limit the law determining public policy to Lex Fori. In any event, the composite approach regardless of any provision, majorly stems from basic contractual interpretation that extends the law governing substantive contract to the arbitration clause unless the presumption is rebuttable. For instance, in the instant case, the dispute would have been rendered in-arbitrable with the application of Indian law (law governing substantive contract) and hence the Singapore law was inferred to be the implied choice.[1] Read more
Measure twice, cut once: Dutch case Presta v VLEP on choice of law in employment contracts
Presta v VLEP (23 june 2023) illustrates the application of the CEJU’s Gruber Logistics (Case C-152/20, 15 July 2021) by the Dutch Supreme Court. In order to determine the law applicable to an individual employment contract under article 8 Rome I, one must compare the level of protection that would have existed in the absence of a choice of law (in this case, Dutch law) with the level of protection offered by the law chosen by the parties in the contract (in this case, the laws of Luxembourg), thereafter, the law of the country offering the highest level of employee protection should be applied.
News
Conference: “The Next 25 Years of Private International Law: What Does the World Need?”, 23 June 2025 in Groningen
The Ulrik Huber Institute for Private International Law is delighted to announce a special one-day conference entitled:
The Next 25 Years of Private International Law: What Does the World Need?
This conference marks a significant occasion: the celebration of Professor Mathijs ten Wolde’s 25-year tenure as a professor and director of the Ulrik Huber Institute. In honour of his contribution to the field and his mentorship of generations of legal scholars, the event will bring together former PhD students and distinguished colleagues from across the globe to reflect on the future direction of private international law.
Key Themes Include:
- The role of private international law in a changing world;
- Evolving cross-border legal frameworks (e.g. EU Regulations and HccH Conventions);
- Regional vs. global harmonisation efforts;
- The impact of digitalisation;
- New frontiers in family, commercial, IP, transport and procedural law.
We warmly invite all scholars, practitioners and students with an interest in private international law to join us for this day of dialogue and celebration. More information, including the conference programme, is available via the following link: https://www.rug.nl/rechten/agenda/2025/the-next-25-years
New Book and Seminar Heroes of the Judicial Periphery
Last month the book The Heroes of the Judicial Periphery: Court Experts, Court Clerks, and Other Actors in the Shadows, edited by Alan Uzelac and Stefaan Voet (Hart/Bloomsbury Publising, 2025) was published. The book highlights the role of perhaps less prominent, but nevertheless important actors in (international) judicial procedures from a national, comparative and/or international perspective.
The European Civil Justice Centre (Erasmus School of Law) hosts a seminar in collaboration with the editors to launch the book on 4th July 2025 from 10-12 CEST.
Discussions on civil justice mostly focus on procedural rules, and the role of courts, parties and lawyers. This book addresses other actors that are often overlooked in academic and policy debates. It assesses the role of court experts, court clerks and court staff, and other actors on the ‘judicial periphery’ who play an important role and often co-determine the pace, outcome, and tone of the judicial process.
The knowledge and skills of experts may be indispensable at times, but it is among the most expensive, complicated and time-consuming means of evidence. The judges adjudicate, but where experts are involved in the process, they have a decisive impact on the outcome of litigation. Therefore, a principal focus of the book is on experts and how they are appointed, managed, and remunerated across Europe and the world.
The editors will discuss topical issues highlighting these ‘actors in the shadows’ and key experts will present their ideas based on the key findings of the book chapters, followed by discussion.
Registration for free here (hosted through Eventbrite)
Speakers & program:
10.00 Opening and welcome: Xandra Kramer
10.05 Alan Uzelac & Stefaan Voet – Heroes of the Judicial Periphery
10.15 Juraj Brozovic – The Case of Judicial Advisors in Croatia
10.30 Camilla Bernt – Expert Evidence in Custody Disputes and Child Protection Cases
10.50 Discussion
11.05 Michael Stürner – Experts on Foreign Law in German Civil Procedure
11.30 Adriani Dori & Xandra Kramer – The Role of Third-Party Funders in the Shadow of the Procedure
11.45 Discussion
Book on The New Relationship between the United Kingdom and the European Union
A book on The New Relationship between the United Kingdom and the European Union was recently published. The book is edited by Dr. Emmanuel Guinchard (Liverpool John Moores University) and Prof. Carlo Panara (University of Leicester) and may be accessed here.
Overview
- Covers the whole spectrum of the new relationship between the UK and the EU
- Contains original discussion and evaluations of the impact of Brexit on UK sovereignty
- Includes both topics covered in the recent agreements and topics that have been left in a grey area