Conference programme

The session will discuss the classic topic of finding the right forum for non-contractual disputes involving several jurisdictions, but with a fresh perspective of recent developments and novel issues. The panel will introduce the critical aspects of jurisdiction under the Brussels I Recast Regulation (Regulation (EU) No 1215/2012) in cross-border non-contractual disputes, while also exploring particular post-Brexit issues arising out of the UK common law approach (implications of the Brownlie decision). Based upon this general framework, the distinguished speakers will focus on jurisdictional issues particularly arising out of non-contractual disputes involving antitrust damages, product liability, defamation and privacy claims, financial tort claims, and illicit gambling. As a review of the Brussels I Recast Regulation is currently ongoing, the topic is of high relevance in identifying legal and practical challenges involved in cross-border non-contractual disputes and offering possible solutions to tackling them.

This session will explore the rapidly evolving landscape of ESG (Environmental, Social, and Governance) disputes from a private international law perspective. With the increasing prominence of ESG obligations and the growing trend of cross-border litigation in this area, the session will examine the key principles and practical challenges that arise in these complex disputes. Topics will include the interplay between human rights and private international law, the impact of the EU Corporate Sustainability Due Diligence Directive and recent high-profile cases. The panel will consider the practical implications for claimants, corporates, and their advisers.

The session will explore the impact of the case UniCredit Bank GmbH v RusChemAlliance LLC and place it into the larger context of case law concerning anti-suit and anti-enforcement-injunctions. After an introduction to the case, the panel will look at the most important developments in England (such as changes under the Arbitration Act 2025) and the EU (such as the reaction of some EU Member States to issue "anti-anti-suit injunctions" and their effects under the Brussels Ia Regulation), also considering cases from Asia and the US. The panel will take a comparative approach in answering the questions most relevant when confronted with anti-suit injunctions, including particular protection offered in the various jurisdictions against the enforcement and potential involvement of third-party affiliates.