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The Jurisdiction Puzzle: Dyson, Supply Chain Liability and Forum Non Conveniens
Written by Dr Ekaterina Aristova, Leverhulme Early Career Fellow, Bonavero Institute of Human Rights, University of Oxford
On 19 October 2023, the English High Court declined to exercise jurisdiction in Limbu v Dyson Technology Ltd, a case concerning allegations of forced labour and dangerous conditions at Malaysian factories which manufactured Dyson-branded products. The lawsuit commenced by the migrant workers from Nepal and Bangladesh is an example of business and human rights litigation against British multinationals for the damage caused in their overseas operations. Individuals and local communities from foreign jurisdictions secured favourable outcomes and won jurisdictional battles in the English courts over the last years in several notable cases, including Lungowe v Vedanta, Okpabi v Shell and Begum v Maran.
Navigating Global Jurisdiction: The Indian Courts’ Approach to Online IP Infringement
Written by Akanksha Oak, Jindal Global Law School, India
Introduction
The modern commerce landscape faces a significant challenge: the widespread infringement of intellectual property (“IP”) rights due to online interactions that enable instant global access. This issue is exacerbated by cross-border activities, necessitating the application of private international law (“PIL”). However, IP protection remains territorial, guided by the principle of “lex loci protectionis.” This results in complexities when it intersects with PIL. Online IP infringement further convolutes matters due to the internet’s omnipresence and accessibility, making the establishment of jurisdiction a complicated process for legal professionals. A pivotal development in this arena occurred in 2021 when the Delhi High Court rendered a judgement in the case of HK Media Limited and Anr v. Brainlink International Inc.,[1] illuminating India’s legal framework for determining jurisdiction in cases of online IP infringement within the context of cross-border disputes.
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.
News
New Editor
We are delighted to announce another addition to our Editorial Board: Elsabe Schoeman.
Elsabe has long been one of the leading scholars of private international law in South Africa, having authored countless publications in the areas of jurisdiction in cross-border commercial litigation and choice of law in contract, delict/tort and selected areas of family law, with a recent focus on access to justice for victims of human rights infringements and environmental torts. She has also advised a variety of law commissions and private law firms on these topics.
Elsabe has just left the office of Dean of the Faculty of Law at the University of Pretoria and will be focusing her work for the blog on legal developments in South Africa.
Case note on Oilchart International v. Bunker Nederland BV
Vesna Lazic (Asser Institute, Utrecht University) has published an interesting case note on the complex case of CJEU Judgment C-394/22 Oilchart International NV v O.W. Bunker Nederland BV, ING Bank NV in Revue de Droit Commercial Belge. This case dealt with the interaction between the Brussels I-bis Regulation and the Insolvency Regulation. You can read it here: 2025 Note rdc_tbh2025_2p308 .
In this case, the Court held that:
Article 1(2)(b) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, must be interpreted as not applying to an action brought in a Member State against a company seeking payment for goods delivered which does not mention either the insolvency proceedings opened previously against that company in another Member State or the fact that the claim was already declared in the insolvency estate.
Asser Institute Conference: Adapting Private International Law in an Era of Uncertainty
Announcement prepared by Eduardo Silva de Freitas (Asser Institute and Erasmus University Rotterdam)
The T.M.C. Asser Institute is organising the conference “Adapting Private International Law in an Era of Uncertainty” as part of its 60 Years Series. The event will take place in The Hague (The Netherlands) on Friday, 24 October 2025, and will gather academics, practitioners, and early career researchers who will address current topics in Private International Law, including developments in the digital age and the protection of weaker parties.
The programme is available by clicking here: asser-institute-60-years-series_final.pdf
To register for the conference, please visit: T.M.C. Asser Instituut Registration Form
For more information you can contact the organisers at: E.Silva.de.Freitas@asser.nl or V.Lazic@asser.nl