Blogged. Municipio de Mariana v BHP. A groundbreaking liability finding with a sprinkle of conflict of laws: Rome II's evidence and procedure carve-out seen against required claim form detail relevant for limitation purposes. gavclaw.com/2025/11/17/m...

Blogged. WeAreNature.Brussels: Brussels court halts further planning permits in Climate litigation first Pleased to have Elias Van Gool post the 1501th post on the blog, discussing a breakthrough (yes I know there are caveats) climate judgment in Brussels. gavclaw.com/2025/11/16/w...

‘Wonders in jurisdiction, diminished reputation bar’

Big shout out to Thomas Goodhead and his team for their perseverance www.lawgazette.co.uk/news/brazil-...

My post on assignment of investment law claims gavclaw.com/2025/11/12/o...) is the 1500th post Hip hip hurray to the blog! 1st post was released March 2012 gavclaw.com/2012/03/27/e... Readers, feedback and recognition make it much worthwile. To the next 1500 :-)

Successful application for stay ICC arbitrator must decide under Kompetenz Kompetenz principle whether she has jurisdiction (essentially whether valid ADR clause exist between the parties Orange Transgroup Ltd & Anor v Shein Distribution UK Ltd [2025] EWHC 2966 (KB) www.bailii.org/ew/cases/EWH...

Successful application for costs budgeting order, despite claimants' litigation funding & ATE (after the event) insurance As I have said before: would love to have someone write a PhD with me on comparative cost law White ea v Uber London Ltd ea [2025] EWHC 2972 (Comm) www.bailii.org/ew/cases/EWH...

Rome II, law applicable to issues of interest (applying Nicholls gavclaw.com/2024/06/02/n...) JSC Commercial Bank PrivatBank v Kolomoisky & Ors (Rev1) [2025] EWHC 2909 (Ch) www.bailii.org/ew/cases/EWH...

Successful appeal, return order stayed, Hague Convention 'fundamental change in circumstances' R (Children: Setting Aside Hague Return Order) [2025] EWCA Civ 1426 www.bailii.org/ew/cases/EWC...

EU internal, external trade 'ands' CJEU finds HUN restriction of export of building materials are infringement of internal A35, 36 TFEU & external trade rules with GATT background Cannot be justified on by public security C‑499/23 Commission v Hungary

Much attention is being paid to due diligence obligations viz CS3D Consider this CJEU judgment last Thurs To comply with EU Timber Regulation 995/2010, subsidiary must have its own due diligence system Mere access to mother's DDS insufficient C‑117/24 JYSK curia.europa.eu/juris/docume...

Hitting home… www.abc.net.au/news/2025-11...

Beijing International Arbitration Hong Kong Center officially opened and international arbitration rules in eight languages released www.bjac.org.cn#/journalisti...

Host’s dog not appreciating late Friday online meetings.

And jurisdiction, forum non claxon.

Blogged. Operafund (in spe: Blasket) v Spain. In direct contradiction to the Australian view, the English High Court holds incorrectly in my view that ICSID, ECT awards are unassignable. gavclaw.com/2025/11/12/o...

Blogged. Airgas USA v Universal Africa Lines. The Dutch Supreme Court on valid dépeçage within the context of Article 3 Rome I. gavclaw.com/2025/11/12/a...

High Court: ICSID, ECT awards are unassignable Exciting issues viz issue estoppel following foreign judgment (Spain not having submitted in the AUS proceedings) & treaty interpetation, customary international law Operafund v Spain [2025] EWHC 2874 (Comm) www.bailii.org/ew/cases/EWH...

Refusal to stay English injunctions proceedings despite comity objections given intervening Brasilian counter injunctive proceedings Nordic Power Partners P/S v Rio Alto Energia & Ors [2025] EWHC 2875 (Comm) bailii.org/ew/cases/EWH...

We will remember them.

This is going into my conflict of laws class slidedeck.

Upside: current ‘spring’ in Melbourne means I aced a run, seeing as I had to pace consistently just to keep warm…. www.abc.net.au/news/2025-11...

Dutch Supreme Court on valid dépeçage within the context of A3 Rome I choice of law, lex voluntatis Airgas USA v Universal Africa Lines ECLI:NL:HR:2025:1665 deeplink.rechtspraak.nl/uitspraak?id... For the clause at issue see ⬇️

As predicted, the EU is ready to dismantle its Digital Rulebook as it did with the Green Deal. It does so upon US administration’s demand and under Big Tech pressure. It’s a self-inflicted political decision putting the EU on a deregulatory turn on.ft.com/47vqFOl

Mornington Peninsula. With storms slowly brewing in central Melbourne.

Opinion AG at the Dutch SC following CJEU judgment in Athenian Brewery A8(1) BIa, anchor defendants, competition law, liability of mother holding Suggests Court of Appeal judgment should stand. Links and background here gavclaw.com/2025/02/13/a...

Correct application of A31(2) Brussels Ia, stay of Dutch proceedings ordered pending decision by later seized Austrian court whether it has jurisdiction on the basis of A25 choice of court First instance Midden-Nederland X BV v Asfinag ECLI:NL:RBMNE:2025:5217 deeplink.rechtspraak.nl/uitspraak?id...

IMO plainly wrong decision of Dutch first instance judge holding reflexive effect of A24(1) Brussels Ia, viz ownership of house in Morocco (with both partners domiciled in the Netherlands) ECLI:NL:RBMNE:2025:5478 deeplink.rechtspraak.nl/uitspraak?id...

Interesting, unsuccessful application for judicial review of permitted waste incineration facility, based on (initially EU) waste hierarchy in particular the proximity principle Stop Portland Waste Incinerator v [HMG] [2025] EWCA Civ 1405 www.bailii.org/ew/cases/EWC...

Successful appeal, A12 Hague Convention, 'settled into its new environment' exception (A13(b) appeal unsuccessful) B (Child Abduction: Settlement) (Rev1) [2025] EWCA Civ 1382 www.bailii.org/ew/cases/EWC...

‘Do not let your hearts be troubled…In my Father’s house are many rooms’. —All Saints, All Souls.

Emiliou AG yesterday took a nuanced view in first of many CJEU cases re Maltese betting companies & consumer law C‑198/24 TQ v Mr Green curia.europa.eu/juris/docume... This Opinion re APO Account Preservation Order Regulation. More soon, background is here gavclaw.com/2025/03/08/m...

Blogged. The CJEU in [Pome], yesterday: Member States cannot hide rules clearly restrictive of choice of court behind Article 25 Brussel Ia's lex fori prorogati rule. Re-emphasises party autonomy as a foundational principle under Brussels Ia. gavclaw.com/2025/10/31/t...

Interesting viz discovery forum shopping www.lawgazette.co.uk/news/bhp-ask...

Blogged The impact of full (rights and obligations) and partial (rights only) assignment on choice of court under Article 25 Brussels Ia. The CJEU in E.B. v K.P. gavclaw.com/2025/10/27/t...

Anti-suit partially lifted to allow settlement in USA even though E&W courts & English law say they are right on the matter Held commercial freedom takes priority over the theory of private international law Cape v Protopapas[2025] EWHC 2706 (Ch) www.bailii.org/ew/cases/EWH...

The Court of Justice this morning on assignment of claims in the event of transfer of rights only but not obligations, and their impact on choice of court, Article 25 Brussels Ia C‑682/23 E.B. v K.P. lnkd.in/eHidw98u More on my first take here www.linkedin.com/posts/geert-...

Interesting case of petitioner having asked & been declared bankrupt on domicile grounds (part of the English test) using Brexit to block the estate being wound up seeing Austria will not recognise the order: COMI is in Austria Nilsson ea v Jones [2025] EWHC 2652 (Ch) www.bailii.org/ew/cases/EWH...

Exercise of inherent jurisdiction in the Family Law Act FLA exercised in light of lack of Hague 1996 jurisdiction The quagmire of the oft-amended FLA JK (Return Order Under Inherent Jurisdiction) [2025] EWCA Civ 1309 www.bailii.org/ew/cases/EWC...

Exercise of jurisdiction despite ICC arbitration: length of ICC proceedings, lack of contractual arbitral interim relief necessitates intervention of court in ordinary IT restructuring has no impact: debt concerned not covered A'dam Albatross v Rizzani deeplink.rechtspraak.nl/uitspraak?id...

Another wonky GDPR, Brussels Ia jurisdictional finding (but with stay of the case pending CJEU review in Rotterdam Amazon case) in WAMCA collective proceeding More on the blog soon SOMI and DPS v various Mata /Facebook entities ECLI:NL:RBAMS:2025:7489 deeplink.rechtspraak.nl/uitspraak?id...

WOLSPEDTRANS v COMPENSA TOWARZYSTWO Good example of how choice of court clauses may be too clever by half, therefore unclear and invalid Dutch court accepts jurisdiction on the basis of A13 Brussels Ia, insurance deeplink.rechtspraak.nl/uitspraak?id...

Questions.

'Objective' science.

Successful appeal on application for security for costs, with a side issue on pre-Brexit Brussels /Lugano parties and amended CPR Qatar IAPDH v Phoenix Ancient Art SA [2025] EWCA Civ 1300 (re Nike statue: for background see ial.uk.com/final-judgme...) www.bailii.org/ew/cases/EWC...

Blogged. Cabris Investments v Revetas Capital Advisors. A very open door kicked open by the CJEU: Brexit has no impact on validity of choice of court by UK domiciled companies. gavclaw.com/2025/10/09/c...

Blogged. Deutsche Lufthansa v AirHelp Germany. More on forum contractus of assigned claims viz delayed flights: an area where the now withdrawn EC proposal on the PrivIntLAw implications of assignment might have helped.... gavclaw.com/2025/10/09/d...

Interesting (unsuccessful) appeal re limitation period viz mistake in law, established in various CJEU authority: when was the mistake discoverable, hence triggering start of limitation period? BAT Industries ea v [HMG] [2025] EWCA Civ 1271 www.bailii.org/ew/cases/EWC...

Blogged. The Courts at Amsterdam do not imo have the right moves in appeals decision viz locus damni jurisdiction in #TikTok collective claims. gavclaw.com/2025/10/08/t...

Hum. Not quite. on.ft.com/47lgwCD EU pressure builds on Belgium to allow use of Russia’s frozen assets