Report on the 2024 Asia-Pacific Colloquium of the Journal of Private International Law (JPIL)
Conflict of Laws
DECEMBER 6, 2024
I hope my fellow southerners join us in the UK at UCL. It got me excited for the 2025 JPIL conference in London.
commercial-litigation-uk 
Crossroads in Private International Law Seminar Series, University of Aberdeen
Conflict of Laws
APRIL 14, 2025
24 April 2025 at 14:00 (UK time) | Collisions and Autonomous Ships: A Challenge for the Collision Convention 1910 by Ms Luci Carey (University of Aberdeen) | online only The introduction of Maritime Autonomous Surface Ships (MASS) whereby human crews are replaced by AI driven navigation systems raises novel legal questions.
Laws 
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Traveling Judges and International Commercial Courts
Conflict of Laws
JULY 6, 2022
International commercial courts —domestic courts, chambers, and divisions dedicated to commercial or international commercial disputes such as the Netherlands Commercial Court and the never-implemented Brussels International Business Court —are the topic of much discussion these days. Written by Alyssa S.
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Third Issue of Journal of Private International Law for 2024
Conflict of Laws
JANUARY 20, 2025
Lastly, this contribution praises Trevor Hartleys exceptional scholarly and pedagogical qualities, as evidenced notably by his widely used International Commercial Litigation. This article canvasses the proposals successes and failures in securing the continuance of litigation in a single forum.
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The Hague Judgments Convention and Commonwealth Model Law: A Pragmatic Perspective
Conflict of Laws
AUGUST 12, 2021
The fact that a foreign judgment can be readily enforced aids the prompt settlement of disputes and makes international commercial transactions more effective.
Laws 98
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UK: Commercial Litigation Podcast Series – Episode 12: General Update - Herbert Smith Freehills
Mondaq
FEBRUARY 4, 2022
In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service.
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UK: Commercial Litigation Podcast Series – Episode 13: General Update (Podcast) - Herbert Smith Freehills
Mondaq
MARCH 31, 2022
This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Philip Lis, a senior associate.
Litigation 40
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UK: Commercial Litigation Summit: A New Horizon In Light Of Compulsory ADR (Video) - Gatehouse Chambers
Mondaq
DECEMBER 2, 2021
Legal Business sat down with Paul Strelitz for his insights on this important discussion. Click below to watch the video.
Litigation 40
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A look back at significant decisions in climate litigation in 2022
ClimateChange-ClimateLaw
DECEMBER 22, 2022
As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. A court in the UK examined the national government’s plan for complying with its climate commitments. By Maria Antonia Tigre.
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How Technology Is Reshaping Litigation Finance
LawTechnologyToday
MARCH 16, 2021
Luckily, changes in litigation finance may be changing the terms of engagement. The best way to understand litigation finance is by looking at the arc of its development over the last decade – but why such a short timeline? Simply put, ten years ago, litigation finance as we know it now didn’t really exist in the United States.
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UK: UK Floats Tougher Push To Settle But One-Size Stance Looks A Poor Fit For Commercial Litigation - Herbert Smith Freehills
Mondaq
FEBRUARY 7, 2022
Laudable aims but Civil Justice Council proposals for more robust pre-action protocols are problematic for commercial disputes.
Litigating 40
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UEA Law School’s Second Podcast Series on Transnational Law
Conflict of Laws
AUGUST 12, 2024
There are two episodes on climate change litigation. The series also consists of recordings from two fascinating events.
Laws 59
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Walking Solo – A New Path for the Conflict of Laws in England
Conflict of Laws
JANUARY 4, 2021
The belated conclusion of the UK-EU Trade and Cooperation Agreement did not dampen the impact of the UK’s departure from the European Union on judicial co-operation in civil matters between the UK’s three legal systems and those of the 27 remaining Members of the Union. That model ( Civil Procedure Rules 1998, rr 6.36-6.37
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Lex Fori Reigns Supreme: Indian High Court (Finally) Confirms Applicability of the Indian Law by ‘Default’ in all International Civil and Commercial Matters
Conflict of Laws
APRIL 9, 2024
This clarification came during the court’s examination of an execution petition stemming from a judgment by the High Court of Justice Business and Property Courts of England and Wales Commercial Court. The Division Bench of the Delhi High Court invoked the precedent set by the United Kingdom Supreme Court in Brownlie v.
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How Technology Is Reshaping Litigation Finance
LawTechnologyToday
APRIL 27, 2021
Luckily, changes in litigation finance may be changing the terms of engagement. The best way to understand litigation finance is by looking at the arc of its development over the last decade – but why such a short timeline? Simply put, ten years ago, litigation finance as we know it now didn’t really exist in the United States.
Finance 64
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Commercial Disputes and anti-suit relief in Anglophone Africa
Conflict of Laws
SEPTEMBER 22, 2023
Courts in Anglophone Africa, and especially those in Nigeria and the Republic of South Africa, have recently given guidance to litigants on the requirements which have to be satisfied in order to obtain anti-suit relief.
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Netherlands PIL journal (NIPR) – issue 2022(1)
Conflict of Laws
APRIL 19, 2022
In this editorial the author gives a short overview of the possible instruments to be used for the recognition and enforcement of judgments by Dutch courts in the UK and vice versa after Brexit. Rosner, The Singapore Convention and commercial mediation in the EU / p. Henckel, Cryptovaluta in het conflictenrecht: een verkenning / p.
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Lancaster Workshop on Challenges in Contemporary International Litigation – 21 June 2023
Conflict of Laws
JUNE 12, 2023
The University of Lancaster has organised a workshop on Challenges in Contemporary International Litigation on Wednesday, 21 June 2023, 12.30 – 5 pm UK time (in person and online via Teams). The programme for the workshop is as follows: 12.30 pm Break 3.15 The programme for the workshop is as follows: 12.30 pm Break 3.15
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Epic’s Fight to #freefortnite: Challenging Exclusive Foreign Choice of Court Agreements under Australian Law
Conflict of Laws
JULY 26, 2021
6] The appeal highlights the tension that exists between holding parties to their promises to litigate abroad and countenancing breaches of contract where ‘serious issues of public policy’ are at play. [7]. 24] Epic also released a video parodying Apple’s famous 1984 commercial called ‘Nineteen Eighty-Fortnite’. [25].
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First Issue of 2021’s Journal of Private International Law
Conflict of Laws
MAY 7, 2021
The first issue of the Journal of Private International Law for 2021 was released today and it features the following articles: Paul Beaumont, Some reflections on the way ahead for UK private international law after Brexit. This article considers the practical steps that the UK should take in the near future.
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Voting Is Open! Pick the 15 Finalists to Compete At Startup Alley at ABA TECHSHOW 2024 in February
LawSites
DECEMBER 4, 2023
VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?
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Day in the life of a legal assistant
SimplyLawJobs
FEBRUARY 7, 2022
I am a legal assistant working at a multi-claimant legal US firm specialising in commercial, employment and consumer class action litigation. In September I got my first full time legal job at Keller Lenkner UK working on the class-action Vehicle Emissions Claims. Introducing, Alia Choudhury . Working at Keller Lenkner .
Prestige of Spanish judgment over the UK arbitral award – not on the principle, but on the conditions to it
Conflict of Laws
JUNE 20, 2022
This morning, the CJEU has pronounced on the interplay between the Brussels I bis Regulation and arbitration, this time in the context of the recognition in the UK of a judgment given by a Spanish court. This case C-700/20 results from the event taking place two decades ago. The Issues. Decision and Reasoning.
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Has the Battle Just Begun for Collective Action against Big Tech Companies?
Conflict of Laws
JANUARY 10, 2022
It is now well known that internet users are widely tracked and profiled by a range of actors and the advancements in data science mean that such tracking and profiling is increasingly commercially profitable [2]. This raises difficult questions about how to balance the value of data with individual privacy.
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The Chinese Court Recognizes an English Commercial Judgment for the First Time
Conflict of Laws
MAY 16, 2022
The Chinese Court Recognizes an English Commercial Judgment for the First Time. On 17 March 2022, Shanghai Maritime Court of PRC issued a ruling of recognizing and enforcing a commercial judgment made by the English High Court, with the approval of Supreme People’s Court (“SPC”). Written by Zilin Hao, Anjie Law Firm, Beijing, China.
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Virtual Hearing in China’s Smart Court
Conflict of Laws
NOVEMBER 13, 2021
By Zheng Sophia Tang, Wuhan University (China) and Newcastle University (UK). The pandemic causes serious disruption to litigation. In 2015, the Provisions of the SPC on Several Issues Concerning Registration and Filling of Cases provides the People’s courts should provide litigation services including online filing. [1]
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52 Webinar: Asia-Pacific Commercial Dispute Resolution in the Aftermath of the Pandemic
Conflict of Laws
MARCH 7, 2021
The COVID-19 Pandemic has impacted on commercial dispute resolution in China, Singapore and Australia. The important question is whether these impacts will be transformed into legal doctrines and shape the development of law for commercial dispute resolution in the long term.
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The Volkswagen emissions scandal in NL – a first hearing just took place and a ruling on certain issues is expected in early March 2021, as well as recent developments in Spain and the CJEU
Conflict of Laws
FEBRUARY 3, 2021
See also our previous posts: Mass Litigation in Times of Corona and Developments in the Netherlands , Jurisdiction over financial damages – the A-G Opinion in the Volkswagen Case before the CJEU (CJEU) and The VW NOx Emissions Group Litigation, [2019] EWHC 783(QB), and (some aspects of) CoL (UK).
Litigation 52
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Delhi High Court Grants Rare Anti-Enforcement Injunction: Implications for International Disputes
Conflict of Laws
OCTOBER 1, 2024
This is a significant turning point in the intersection of arbitration and cross-border litigation in India since the remedy of anti-enforcement injunction is rarely granted by judicial authorities across jurisdictions. 44 of UK Arbitration Act as a defence, the court held that S.9 44 of UK Arbitration Act and S.37
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First edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Current Trends on International Commercial and Investment Dispute Settlement”
Conflict of Laws
JANUARY 4, 2024
This uncertainty during the discussions is the main reason why the Working Group has taken the unusual course of action to produce not only the Convention but also the amended UNCITRAL 2018 Model Law on International Commercial Mediation. 4 of the Convention?),
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Global Value Chains and Transnational Private Law Workshop at Edinburgh Law School – Report
Conflict of Laws
AUGUST 1, 2024
This research aims to shed light on the issues surrounding governance gaps and the various challenges and opportunities that arise from private international law, examining UK domestic law pertaining to food supply relationships, taking the EU level regulation into account, and providing potential examples of its implementation.
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Overview of the 2023 Amendments to Chinese Civil Procedure Law
Conflict of Laws
SEPTEMBER 21, 2023
However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. The new law widens the category of disputes previously covered from “contractual disputes or other property rights disputes” to “litigation other than disputes involving personal relationships” (Art. Jurisdiction 2.1 276, para.
Views and News from the 9th Journal of Private International Law Conference 2023 in Singapore
Conflict of Laws
AUGUST 14, 2023
The conference was kicked off by a keynote speech by Justice Philip Jeyaretnam (Singapore International Commercial Court), providing an in-depth analysis of the Court of Appeal’s decision in Anupam Mittal v Westbridge Ventures II [2023] SGCA 1 (discussed in more detail here ). Hence, giving equal weight to the choices of the parties.
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Review of Recognition and Enforcement of Foreign Arbitral Awards (Ferrari, Rosenfeld, & Kotuby Jr.)
Conflict of Laws
SEPTEMBER 12, 2023
My previous knowledge of international commercial arbitration was derived from Nigerian case law, together with the much-cited West Tankers decision and its relationship with Brussels Ia. Recognition can similarly be used to avoid the re-litigation of a dispute. The book contains 10 chapters across 170 pages, wherein Ferrari et al.
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Conference Report: EAPIL YRN Conference on National Rules on Jurisdiction and the Possible Extension of the Brussels Ia Regulation
Conflict of Laws
MAY 18, 2022
– Is your country party to any (bilateral or multilateral) treaty that provides direct rules of jurisdiction in civil and commercial matters? Only two of these countries still give relevance to nationality of either party to a litigation in that regard.
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2025: Abstracts
Conflict of Laws
FEBRUARY 26, 2025
This article provides an overview of developments in Brussels in the field of judicial cooperation in civil and commercial matters from January 2024 until December 2024. Wagner: European Conflict of Law 2024: Business as usual? State jurisdiction is to become more attractive, especially for cross-border disputes.
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Anti-Suit Injunctions and Dispute Resolution Clauses
Conflict of Laws
MARCH 24, 2025
The Court of Appeal, hearing the appeal from a decision of the Singapore International Commercial Court (SICC), held that it was an abuse of process for Asiana to argue that the arbitration agreements were null and void given that it had not pursued previous opportunities to raise this point.
Tort 45
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Third-party arbitration funding – Comparative analysis and Indian Perspective
LexForti
JUNE 2, 2022
It can be observed commonly in commercial and investor-state arbitrations. Common law traditions that are being followed in India have been acquired from the UK but still the doctrines of “maintenance” and “champerty” have not been followed strictly here. CURRENT SCENARIO THROUGH A JUDICIAL LENS. Balaji [17].
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Conference Report: The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law
Conflict of Laws
OCTOBER 9, 2021
Next to the organizers, Maria Mercedes Albornoz , Centro de Investigación y Docencia Económicas (MEX), Duncan French , University of Lincoln (UK), and Marta Pertegás , Maastricht University (NL), took on the role of discussants. Afterwards, the floor was opened to questions from the audience. ” Here, first Klaus D.
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China’s 2022 Landmark Judicial Policy Clears Final Hurdle for Enforcement of Foreign Judgments
Conflict of Laws
JUNE 30, 2022
The judicial policy is the “Conference Summary of the Symposium on Foreign-related Commercial and Maritime Trials of Courts Nationwide” (hereinafter the “2021 Conference Summary”) issued by the China’s Supreme People’s Court (SPC) on 31 Dec. However, this situation is now changed. This decision has previously been highlighted here.
From Copyright to Contracts, a Look at the Legal Risks and Regulations that Come with Fashion’s Embrace of NFTs
The Fashion Law
SEPTEMBER 21, 2021
In reality, most brands will want the NFT to grant a bespoke licence under which the buyer can use the digital asset for personal purposes, but will prohibit the commercial exploitation of the asset. She is a member of the firm’s Dispute Resolution Group, specializing in litigation, digital, technology, retail and fashion. .
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Serving Defendants in Ukrainian Territory Occupied by Russia
Conflict of Laws
DECEMBER 10, 2022
Both Russia and Ukraine are member states of the 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention (HSC)). A practical question for litigators is how to conduct service of process in the Occupied Areas? University of Sydney Law School.
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Arbitration-Favored Policy Has its Boundary: Case Study and Takeaways for China
Conflict of Laws
DECEMBER 17, 2022
Nearly 8 months after the commencement of the litigation, the company raised jurisdictional objection by invoking the omitted arbitration agreement and filed the motion to compel arbitration under the 1925 Federal Arbitration Act (hereinafter “FAA”). But a court may not devise novel rules to favor arbitration over litigation. ” [iii].
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Conflict of Laws and Diversity of Opinions—A View of The Nigerian Jurisdiction
Conflict of Laws
JUNE 13, 2024
PIL rules are used as a toolbox to assist litigants in resolving these problems that arise from complex litigations. Except where matters can commence directly at the Supreme Court, these lower courts serve as clearing houses for disputes on most commercial subjects within the country. Zapata Off-Shore Co., [10]
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