Contracts with international arbitration agreements can engage a complex interaction of different laws: the governing law of the contract, the law of the seat, and the law of the arbitration agreement itself. Parties to international commercial contracts usually address the first two of these issues, but are often silent as to the law of the arbitration agreement. A light has recently shone on this well-known issue by the United Kingdom’s Arbitration Act 2025, which includes a new default rule for determining the law of the arbitration agreement, and similar changes to the Rules of the Singapore International Arbitration Centre, as well as developing case law in other jurisdictions. How might Australian and New Zealand courts react? Read more
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Michael Douglashttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMichael Douglas2025-05-23 01:31:212025-05-23 07:01:00AAPrIL’s June online seminar: The Law of the Arbitration Agreement – Australasian Perspectives
On 16 and 17 April 2025, the Australasian Association of Private International Law (AAPrIL) held its inaugural conference in Brisbane, Australia. Hosted by Griffith University—the home of AAPrIL President Mary Keyes—the conference featured stimulating panel presentations from speakers from around Australia and abroad.
The conference started with a panel on jurisdiction and judgments, chaired by Richard Garnett of Melbourne Law School. Reid Mortensen of USQ kicked things off with a presentation on Australia’s cross-vesting scheme. Priskila Penasthika of the Universitas Indonesia then spoke on ‘The Indonesian Language Contract Requirements versus Arbitration as a Choice of Forum’. Read more
https://conflictoflaws.net/News/2025/04/The-Ship-Inn-6.jpg408626Michael Douglashttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMichael Douglas2025-04-29 01:28:532025-04-29 07:38:26Report from the inaugural conference of the Australasian Association of Private International Law (AAPrIL)
Registration is now open for the inaugural conference of the Australasian Association of Private International Law, to be held at the Ship Inn conference centre at Southbank, Brisbane from 16-17 April 2025.
The program features panels on
• Private International Law and Technology;
• Anti-suit and Anti-enforcement Injunctions;
• Private International Law and Climate Change; and
• Prenuptial Agreements.
Attendance at conference sessions can be used for CPD; check local requirements.
AAPrIL was founded in 2024 by private international lawyers from Australia and New Zealand who have known one another for years through engaging with the discipline of private international law, including through conferences of the Journal of Private International Law, meetings of the Hague Conference on Private International Law, and numerous other academic activities. The inuagural AAPrIL President is Professor Mary Keyes. The Hon Andrew Bell, Chief Justice of New South Wales.
https://conflictoflaws.net/News/2024/12/Brisbane.png9251657Michael Douglashttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMichael Douglas2025-02-28 07:29:022025-02-28 07:30:10Registration open: Australasian Association of Private International Law inaugural conference, Brisbane, Australia, 16-17 April 2025
We are pleased to invite the submission of paper proposals for the conference, on any aspect of private international law, broadly understood. This includes issues of jurisdiction, choice of law, the recognition and enforcement of foreign judgments (including how they relate to cross-border issues within a federation), and all areas of private law that raise cross-border and transnational issues.
Paper proposals should be made on this form by Wednesday 29 January 2025. We also welcome panel proposals; please email aapril2025conference@gmail.com if you have a proposal for a panel. Proposed presenters on any panel will be required to submit paper proposals.
We welcome anyone interested in private international law, including from the judiciary, legal practice, government, and the academy, from any jurisdiction. Attendees, including presenters, will be required to pay a registration fee. A conference dinner will be held on the evening of Wednesday 16 April, at an additional cost.
https://conflictoflaws.net/News/2024/12/Brisbane.png9251657Michael Douglashttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMichael Douglas2024-12-10 05:05:312024-12-10 05:05:31Call for papers: Australasian Association of Private International Law inaugural conference, Brisbane, Australia, 16-17 April 2025
AAPrIL was founded in 2024 by lawyers and academics in Australia and New Zealand who are engaged in private international law. AAPrIL’s aim is to bring together people committed to furthering understanding of private international law in Australia, New Zealand and the Pacific region.
The launch was held at the offices of Corrs Chambers Westgarth in Melbourne. After networking and drinks, the formalities were opened by Cara North, Corrs Special Counsel and AAPrIL Treasurer, who would be known to many following the blog for her work on the HCCH Judgments Project. Cara introduced Jack Wass, New Zealand barrister and AAPRIL’s New Zealand Vice-President, who is co-author of The Conflict of Laws in New Zealand and who was Master of Ceremonies.
The event featured addresses from two of the most influential lawyers in private international law issues from either side of the Tasman Sea.
The Honourable Dr Andrew Bell, Chief Justice of New South Wales, gave a comprehensive pre-recorded address, speaking to the importance of the discipline and the growing number of judgments dealing with cross-border issues in Australia. His Honour has been deeply engaged in private international law for decades; he his author of Forum Shopping and Venue in Transnational Litigation and a co-author of Nygh’s Conflict of Laws in Australia, and acted as counsel in many of Australia’s most significant private international law cases until his appointment to the New South Wales Supreme Court. Chief Justice Bell is the inaugural Patron of AAPrIL.
The Honourable David Goddard, Judge of the Court of Appeal of New Zealand, then delivered a live online address that also spoke to the importance of the discipline. His Honour advocated for the continued modernisation of domestic laws to harmonise approaches to private international law problems between legal systems, encouraging governments to adopt instruments of the Hague Conference on Private International Law (HCCH). Justice Goddard is perfectly placed to speak to the subject: he was the Chair of the Diplomatic Session of the HCCH that adopted the 2019 HCCH Judgments Convention, Vice-President of the Diplomatic Session that adopted the 2005 Choice of Court Convention, and a member of the drafting committee for that Convention. Read more
https://conflictoflaws.net/News/2024/12/PXL_20241205_063700938.jpg13511988Michael Douglashttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMichael Douglas2024-12-09 04:37:382024-12-09 07:46:25Report on the launch event of the Australasian Association of Private International Law
On 5–6 December 2024, 18 private international lawyers from Australia, Hong Kong, Japan, New Zealand and Singapore came together at the University of Melbourne for the 2024 Asia-Pacific Colloquium of the Journal of Private International Law (JPIL).
The colloquium was the first since 2018, when it had been held in Japan. The 2024 event was expertly hosted by Professor Richard Garnett and Professor Ying Khai Liew of the University of Melbourne Law School, and held at University House at UniMelb’s Parkville campus. Read more
https://conflictoflaws.net/News/2024/12/jpril.jpg19222268Michael Douglashttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMichael Douglas2024-12-07 02:18:362024-12-07 09:29:15Report on the 2024 Asia-Pacific Colloquium of the Journal of Private International Law (JPIL)
Join us online tomorrow for a free seminar on the CISG in Australia, delivered by Dr Benjamin Hayward.
Abstract
Australia adopted the United Nations Convention on Contracts for the International Sale of Goods (CISG) – a treaty intended to harmonise cross-border sale of goods law – in 1989. Australia gives the treaty local effect via a range of State, Territory, and Commonwealth Acts. A problem has arisen, however, with respect to the wording of that legislation. Some Australian courts consider that the treaty only applies, on a provision-by-provision basis, where it is inconsistent with local law. According to international understandings, however, the CISG is intended to displace local law to its subject-matter extent when it applies.
With reference to Australia’s statutory interpretation rules, and the legislative histories preceding the CISG’s adoption in Australia, this seminar identifies a parliamentary intention to apply the CISG in full in Australia. It therefore identifies that Australia intended to adopt the CISG in a manner consistent with its internationally understood effect. This seminar also examines the nature of Australia’s CISG cases to-date, and identifies how future courts can better engage with the treaty in order to realise its objectives of supporting international trade. Read more
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Michael Douglashttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMichael Douglas2024-11-18 01:23:242024-11-18 08:21:27Tomorrow’s AAPrIL seminar: Benjamin Haward on The UN Convention on Contracts for the International Sale of Goods: Adoption and interpretation in Australia
The 2024 Asia-Pacific Colloquium of the Journal of Private International Law (JPIL) will be held on 5-6 December 2024 at the Melbourne Law School of the University of Melbourne in Australia.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Jeanne Huanghttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngJeanne Huang2024-09-18 23:58:282024-09-18 23:58:282024 Asia-Pacific Colloquium of the Journal of Private International Law (JPIL)
The respondent to the arbitration sought to rely upon proportionate liability legislation found in the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) and in the Competition and Consumer Act 2010 (Cth). The High Court was asked to determine whether those proportionate liability regimes could be applied in the arbitration. A very practical difficulty arose here, reflected in Steward J noting (in dissent) that the High Court was ‘faced with an invidious choice’: see [228]. Were the proportionate liability laws not to apply in the arbitration, the respondent might find themselves liable for 100% of the applicant’s loss, when they would not be liable to that same extent in court proceedings applying the same body of South Australian law. But were the proportionate liability laws to apply, the applicant might find themselves able to recover only a portion of their loss in the arbitration, and might then have to then pursue court proceedings against another third party wrongdoer to recover the rest: given that joinder is not possible in arbitration without consent. Read more
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Michael Douglashttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMichael Douglas2024-08-19 04:06:122024-08-19 07:53:30Tesseract: Don’t Over-React! The High Court of Australia, Proportionate Liability, Arbitration, and Private International Law
At a meeting on 11 July 2024, 22 lawyers and academics voted to form the Australasian Association of Private International Law (AAPrIL). Professor Mary Keyes (Griffith University) was elected the inaugural President and the Honourable Dr Andrew Bell, Chief Justice of New South Wales, has agreed to be AAPrIL’s patron.
The AAPrIL’s first elected officers are as follows:
President: Professor Mary Keyes (Griffith University, Queensland)
Secretary: Professor Reid Mortensen (University of Southern Queensland)
Treasurer: Ms Cara North (Corrs Chambers Westgarth, Melbourne)
Australian Vice-President: Dr Michael Douglas (Bennett, Perth)
New Zealand Vice-President: Mr Jack Wass (Stout Street Chambers, Wellington)
AAPrIL has been established to promoted understanding, awareness and the reform of private international law in Australia, New Zealand and the Pacific Islands, and to provide a regional organisation for cooperation with similar private international law associations across the world. It plans to hold an annual conference, support regular seminars and roundtables, engage with governments in Australasia on private international law issues and reform, publish a regular newsletter on events and legal developments in the region, and encourage cooperation with the Hague Conference on Private International Law and other private international law inter-governmental organisations.
More details about AAPrIL can be found on its website. Any enquiries can be made to AAPrIL’s Secretary, Professor Reid Mortensen: reid.mortensen@unisq.edu.au.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Michael Douglashttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMichael Douglas2024-07-26 03:23:562024-07-28 12:20:55Formation of the Australasian Association of Private International Law
