Flux des sites DIP

In its decision of 17 June in HR-2026-1358-A, the Norwegian Supreme Court dismissed an appeal contesting the jurisdiction of the Norwegian courts under the forum delicti rule in the 2007 Lugano Convention. The underlying proceedings concerned a damages claim brought by the Norwegian tax authorities against a person domiciled in Cyprus following the non-payment of VAT […]

This review concentrates principally on the private international law dimensions of Andrew Dickinson and Alexander Thompson’s The State Immunity Act 1978. Although state immunity is fundamentally a subject of public international law, the legislation operates at the point where public and private international law intersect. It determines whether the English courts may adjudicate disputes involving foreign states, how proceedings may be served, and whether judgments or arbitral awards may be recognised and enforced against state property. These questions are of direct importance to private international lawyers, particularly in transnational commercial, employment, property and arbitration disputes.

The authors bring considerable practical expertise to the subject. As the preface indicates, their analysis is informed not only by academic study but also by professional experience of state-immunity litigation. The result is a specialist and authoritative treatment of a technically demanding statute. The chapters generally combine legislative history, an overview of the relevant statutory provisions, and a detailed examination of their judicial application.

Chapter 1 explains the historical development of the State Immunity Act 1978 and the United Kingdom’s movement from absolute to restrictive immunity. Under restrictive immunity, a foreign state remains immune in respect of sovereign acts but may be subject to jurisdiction in relation to commercial and other non-sovereign activities. This distinction provides the organising principle for much of the Act and gives the subject its particular importance for private international law.

Chapter 2 is especially significant because it situates the 1978 Act within the wider legal framework. The Act is mandatory and generally supersedes the pre-existing common-law rules governing state immunity. Although it was influenced by the European Convention on State Immunity 1972, the United Kingdom courts are not required to interpret it as if it faithfully reproduced every aspect of that Convention. At the same time, the Act should, so far as its language permits, be interpreted consistently with customary international law, on the presumption that Parliament did not intend to place the United Kingdom in breach of its international obligations.

The United Nations Convention on Jurisdictional Immunities of States and Their Property  2004 may also inform the interpretation of the Act. It is not, however, binding for this purpose, nor can all its provisions automatically be treated as definitive statements of customary international law. The authors therefore demonstrate that statutory interpretation in this field requires careful engagement with legislation, treaties, customary international law and judicial authority.

The chapter also distinguishes state immunity from related regimes. The State Immunity Act primarily concerns the immunity of foreign states and incorporates exceptions associated with restrictive immunity. The Diplomatic Privileges Act 1964 and Consular Relations Act 1968, by contrast, protects particular persons in the performance of their official functions and is governed by separate legislations. Special missions and international organisations are similarly subject to distinct statutory regimes.

The discussion of human rights identifies a persistent tension between access to justice and respect for sovereign immunity. The United Kingdom courts have generally placed substantial weight on the latter. Provisions of the Act have nevertheless been challenged under Article 6 of the European Convention on Human Rights 1998. Declarations of incompatibility have been made in the employment context, most notably in Benkharbouche v Embassy of Sudan and Secretary of State for Foreign and Commonwealth Affairs v Benkharbouche, while in Kingdom of Spain v Lydia Lorenzo [2024] EWCA Civ 1602, the UK Court of Appeal ruled that a foreign state cannot claim state immunity in an employment discrimination and unfair dismissal case brought by an administrative embassy worker. These cases show that state immunity is not merely a procedural technicality: it may determine whether an individual has any effective opportunity to vindicate substantive rights.

The book also explains the post-Brexit relationship between state immunity and European Union law. EU law no longer has the supremacy it previously enjoyed within the United Kingdom, although retained or assimilated EU law and the European Union (Withdrawal) Act 2018 remain relevant to the historical development and present operation of some rules.

Equally important is the distinction between state immunity and the foreign act-of-state doctrine. Both rest, in part, on ideas of sovereign equality and the independence of states, but foreign act of state is a common-law doctrine rather than a product of the 1978 Act. The doctrines should therefore not be treated as interchangeable.

For private international lawyers, the book’s most important conceptual point is that the 1978 Act limits the adjudicatory jurisdiction that a United Kingdom court would otherwise possess. It does not itself confer jurisdiction. A claimant must first establish jurisdiction under the ordinary rules of civil procedure and private international law. Only then does the separate question arise whether the foreign state is immune from the exercise of that jurisdiction. This distinction between the existence of jurisdiction and immunity from its exercise is fundamental.

Chapter 4 examines the general immunity from adjudicatory jurisdiction. The statutory scheme leans strongly towards protecting foreign states: the claimant bears the burden of establishing an applicable exception to immunity, even where the foreign state declines to appear. This may present a considerable practical obstacle because the facts necessary to establish an exception may be difficult for a private claimant to obtain without the state’s participation.

Chapter 5 considers submission to jurisdiction. A choice-of-court agreement in favour of the courts of any part of the United Kingdom may constitute a waiver of immunity, whereas a choice-of-law clause does not. This distinction is particularly important in drafting international contracts. Selecting English law does not, without more, amount to consent by a foreign state to the jurisdiction of the English courts.

Submission may also occur through a treaty, convention or other international agreement, but it must be express. A state may submit after the dispute has arisen, and although such submission must be express, it need not necessarily be in writing. Submission may additionally result from instituting proceedings, advancing a counterclaim or participating in proceedings beyond what is necessary to assert immunity. The act of submission must be duly authorised by the state. Once valid submission occurs, the state is generally placed in the position of an ordinary litigant for the relevant proceedings. Importantly, however, submission to adjudication does not necessarily amount to consent to enforcement against state property.

Chapter 6 addresses commercial transactions and associated obligations, including contracts to be performed in the United Kingdom. The commercial-transactions exception lies at the heart of restrictive immunity and is shaped by both the earlier common law and the European Convention. It is particularly relevant to private international law because disputes concerning the character of a transaction, contractual performance and the territorial connection with the United Kingdom may determine whether immunity is available.

Chapter 7 concerns employment contracts. As the authors observe, section 4 may justifiably claim to be among the most controversial provisions of the Act. The central authority is Benkharbouche, in which statutory restrictions on claims by state employees were held incompatible with Article 6 of the European Convention on Human Rights and, at the relevant time, Article 47 of the EU Charter of Fundamental Rights. The resulting changes strengthened employees’ access to justice. The chapter is particularly valuable because cross-border employment disputes frequently bring together jurisdiction, applicable law, mandatory employment protection, human rights and the public international law of immunity.

Chapters 8 to 14 examine the statutory exceptions relating to personal injury and damage to property; ownership, possession and use of property; intellectual and industrial property; companies and other collective bodies; arbitration; admiralty proceedings; and taxation. The property provisions remove immunity in defined proceedings concerning property, subject to protections for premises used for diplomatic purposes. The intellectual-property exception reflects restrictive immunity but has generated comparatively little reported litigation.

The arbitration chapter is of special interest to commercial lawyers. Where a state has agreed in writing to submit a dispute to arbitration, immunity from the supervisory or supporting jurisdiction of the courts is generally removed in relation to the arbitration. This provision has been frequently litigated. Nevertheless, the existence of an arbitration agreement and the removal of adjudicatory immunity do not automatically permit execution against state assets. Parties dealing with states must therefore distinguish carefully between consent to arbitration, consent to court proceedings connected with arbitration and waiver of immunity from enforcement.

Chapter 15 examines service of process and default judgments. These procedural matters have substantial private international law significance because the validity of service and the protection afforded to an absent foreign state may determine whether proceedings can advance and whether a judgment will ultimately be effective.

Chapter 16 addresses enforcement jurisdiction, perhaps the area in which the special position of a sovereign state is most pronounced. Coercive measures—including injunctions, contempt proceedings, orders compelling employee reinstatement and execution against state property—are generally considered inappropriate without a sufficient statutory basis. Even where a claimant has successfully established jurisdiction and obtained judgment, enforcement may therefore remain impossible.

The principal exceptions arise where the state has expressly and unequivocally waived immunity from enforcement or where the relevant property is in use, or intended for use, for commercial purposes. A waiver of immunity from adjudication should not lightly be treated as a waiver of immunity from execution. This separation has major practical consequences: a claimant may win the legal dispute yet be unable to obtain the benefit of the judgment. The chapter reinforces the need for contracts involving states to contain carefully drafted and distinct waivers addressing jurisdiction, interim relief and enforcement.

Chapter 17 discusses the meaning of “the State” and the treatment of separate entities, central banks and constituent territories. Whether a body forms part of the state or is a separate entity may determine both the applicable test for immunity and the availability of assets for enforcement. Central-bank property receives particularly strong protection. These classification questions are often decisive in cross-border litigation, especially where commercial activity is conducted through state-owned corporations or other legally distinct bodies.

The remaining chapters address the power to amend Part I, savings and excluded matters, statutory interpretation, foreign judgments, heads of state and related persons, and certificates concerning facts of state. Chapter 21’s treatment of foreign judgments is particularly relevant to private international law, although the statutory mechanism considered there appears never to have been used against the United Kingdom. More generally, the relationship between foreign judgments and state immunity raises difficult questions: recognition of a judgment, adjudicatory jurisdiction over the state and execution against state property are separate stages and may be governed by different requirements.

Overall, this is a highly specialised work. A sound knowledge of public international law—and, to a lesser extent, private international law—is helpful if the reader is to appreciate its analysis fully. Yet the book is also valuable precisely because it demonstrates that the boundary between the two disciplines is permeable. State immunity is founded in public international law, but it operates through the machinery of private litigation. It affects jurisdiction, choice-of-court agreements, employment disputes, arbitration, service, foreign judgments and enforcement.

Before reading the book, I was sceptical about the practical force of public international law, particularly because powerful states sometimes appear able to disregard its principles without meaningful consequences. This book has caused me to reconsider that view. Public international law is not confined to prominent disputes about war or territorial sovereignty. In the field of jurisdictional immunities, it performs an important stabilising function by mediating between access to national courts and the sovereign equality of states. It thereby contributes to international comity and the orderly conduct of relations among states.

For a private international lawyer, the book’s lasting lesson is that ordinary rules of transnational litigation cannot be applied to foreign states without accounting for their sovereign character. Conversely, public international law principles of immunity acquire practical effect through domestic rules governing civil proceedings. Dickinson and Thompson’s work illuminates that relationship with considerable depth. It merits close attention from practitioners and scholars working on cross-border litigation, international commercial arbitration, employment disputes involving states, and the recognition and enforcement of judgments and awards. It is also a book to which I expect to return as my understanding of the relationship between public and private international law continues to develop.

The Annual Conference of the American Association of Private International Law (ASADIP) will take place from 20 to 23 October 2026 in San Salvador (El Salvador). It is entitled the transformative spirit of Private International Law (“La vocación transformadora del Derecho Internacional Privado”).

The deadline to submit posters has been extended to 13 September 2026.

The second issue of 2026 of the Rivista di diritto internazionale privato e processuale (RDIPP) is out. In addition to recent case law and other materials, it features three contributions. Cristina Campiglio, Il volto «umano» del diritto internazionale privato: la disciplina dell’autodeterminazione di genere (The “Human” Face of Private International Law: The Regulation of Gender […]

The fourth book in the European Association of Private International Law series is out. Published by Edward Elgar, this book is the outcome of the second edition of the EAPIL Winter School in Private International Law. The contributions are based on the lectures given during the course, which took place at the Department of Law, […]

The European Commission has just opened a public consultation on the 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 (recast). A call for evidence is available here (which includes the three policy options being considered).

As indicated in the call for evidence, “[t]he aim of the consultation is to collect evidence, experiences and opinions from relevant stakeholders. These contributions will inform the analysis and assessment of the performance of the Regulation in its current form, the shortcomings identified, possible policy options to address them and their expected impacts.”

The public consultation will run from 1 September 2026 until 24 November 2026 (midnight Brussels time).

The fifth issue of IPRax (Praxis des Internationalen Privat- und Verfahrensrechts) for 2026 was published on 1 September. The following advance abstracts have been kindly provided by the editor of the journal. B. Steinrötter, The UNIDROIT Conflict-of-Laws Rule on the Law of Crypto-Assets. A contribution to the classification of Principle 5 of the UNIDROIT Principles […]

September 2026 promises to be a busy month for the Court of Justice of the European Union. A series of significant judgments, Advocate General opinions, and a noteworthy arbitration-related hearing will address questions ranging from the scope of the Rome II Regulation and cross-border succession disputes to the interpretation of the European Small Claims Procedure, […]

In a decision of 14 July, the Swedish Supreme Court clarified whether standing to bring maintenance proceedings is governed by the law applicable to the maintenance obligation appointed by the 2007 Hague Protocol on the Law Applicable to Maintenance Obligations or by the law of the forum under the principle of lex for regit processum. […]

The Ravenna Summer School on Cross-Border Litigation (Università di Bologna) is organizing its III Reunion on 19-20 November 2026 in Bologna (Italy).  The program of the reunion will include two sessions dedicated to the presentations of young researchers:  Session I: Rules of cross-border jurisdiction in times of conflicts and growing unilateralism   Session II: Recognition and enforcement […]

Susanne Gössl (Bonn), Frederick Rieländer (Bremen), and Benedikt Schmitz (Groningen) are happy to announce the creation of the European Group on the Digitalisation of Justice (EGDJ), a Chapter-based collaborative research network dedicated to analysing, evaluating, and shaping the ongoing digital transformation of judicial systems across Europe. It focuses on end-users, the judiciary as well as public administrations, and broader systematic changes.

EGDJ is intra-disciplinary, reflecting all areas of procedural law, including private international law. It is also comparative, as it delineates and compares existing approaches to the digitalisation of justice in Europe. Furthermore, it aims to provide EU-wide solutions that streamline digitalisation across the entire bloc.

Inspired by the insights of a comparative symposium held in Groningen in May 2026, EGDJ is launching with the Netherlands and Germany as its inaugural chapters. A chapter represents either a country or a region and is headed by one or more “leads”. Chapters must participate in group-wide projects but may also conduct their own national initiatives. Leads are responsible for convening a group of scholars, practitioners, and policymakers from all procedural fields of law (PIL, civil procedure, administrative procedure, criminal procedure). The number of members for each chapter is not limited. A Chapter can also be a pre-existing group on national level.

Given EGDJ’s clear aspiration to be truly European, we are now looking for interested persons to take on the position as lead for their country/region. For a list of already existing Chapters, see: https://egdj.org/who-we-are/. This list will be updated on a rolling basis.

After passing of the (soft!) deadline, we will convene an online meeting to discuss the ins and outs of this new European Group on the Digitalisation of Justice, inviting you to directly influence its future direction.

Express your interest before 1 October 2026

Please send an email to the EGDJ coordinators at info@egdj.org, containing the following:

• Your name, position, and professional affiliation
• The country/region you would like to represent
• Your motivation for doing so
• And, if applicable, prior experience in the area of digitalisation of justice

The soft deadline to express your interest is before 1 October 2026. You may send an email at a later stage, too, but this might not be in time for the inaugural online meeting.

Questions?

If you have any questions, please contact Benedikt Schmitz at b.schmitz@rug.nl.

The third issue of the Journal du droit international for 2026 has been released. It contains one article and several case notes relating to private international law issues. In their contribution, Gustavo Cerqueira (University of Nice) and Nicolas Nord (University of Strasbourg / CIEC) analyse the Brazilian draft general act on private international law (Commentaire […]

In the context of the annual meeting of the European Group of Private International Law (GEDIP), hosted this year by the Faculty of Law of Maastricht University, a half-day hybrid workshop titled The “Brussels Effect”: A Brussels I Regulation for the World?  will be held on 17 September 2026. Following the European Commission’s report on […]

This announcement has kindly been provided by Matthias Lehmann and Lukas Petschning (University of Vienna).

On 30 November and 1 December 2026, the University of Vienna (Section for Comparative, Uniform and Private International Law) will host a conference entitled „Conflict of Laws in International Arbitration“.

Four thematic sessions will consider current issues revolving around the law governing (1) arbitrability and the arbitration agreement, (2) the conduct of proceedings, (3) privilege and document production, as well as (4) the merits of the dispute. The panels include academics and practitioners from Asia, Europe, and the Americas, with plenty of time reserved for discussion and networking.

Early winter is an optimal time to visit Vienna, and Christmas markets will already be in full swing. A Mulled Wine Reception in the evening of the first conference day will hopefully spread a festive mood among participants, and will be followed by the optional Conference Dinner at Vienna City Hall.

The preliminary agenda for the conference is now available here.

Registration is possible here and free of charge for full-time academics, students, and public servants; early-bird prices of EUR 80 are still available for other participants.

A charge of EUR 60 applies for the optional conference dinner.

We are looking forward to welcoming many of you to Vienna!

The author of this post is Johan Tufte-Kristensen who is an Associate Professor of Private and Procedural Law at the University of Copenhagen. In a decision of 12 June 2026, the Danish Supreme Court ordered a Cypriot-registered company to provide security for costs in appeal proceedings in Denmark. The decision concerned a question of interest […]

This announcement has kindly been shared with us by Roger Michalski (University of Oklahoma).

We are excited to announce that the Third Conflict of Laws Annual Workshop (CLAW3) will be hosted by the University of Pennsylvania Carey Law School on Friday, November 13, 2026 with a welcome dinner the night before. The CLAW aims to provide a forum to discuss new work in conflict of laws. The CLAW welcomes work on all aspects of conflict of laws, including civil, criminal, domestic and transnational conflict of laws. We welcome all those writing and working in the field of conflict of laws to attend.

Call for Papers

Those wishing to present a paper for discussion should submit a one-page abstract by September 18. Please email abstracts in Word or PDF format to roger.michalski@ou.edu, asimowitz@willamette.edu, and krooseve@law.upenn.edu.

Logistics

The CLAW will provide meals for registrants. Participants must cover travel and lodging costs. We will provide information about reasonably priced hotels as the date approaches.

Please do not hesitate to contact us if you have any questions.

All the best,

Kim, Roger, & Aaron

Augustin Gridel (University of Nancy, France) has posted Registered Shares in Private International Law -A French and European Perspective on SSRN. The abstract reads: The private international law rules governing the ownership of shares have long rested on the modalities of their transfer, which afforded considerable significance to the form they take (registered or bearer). […]

Keio University Law School in Tokyo (KLS) will be hosting a seminar entitled “Keio University Law School Book Series Seminar:  Hart’s Studies in Private International Law – Asia” at Room 2B12 in South Building, Keio University Mita Campus, on Friday, 25 September 2026, from 3 to 4pm.

As the readers of ConflictofLaws.net are well aware, Studies in Private International Law – Asia is a forum for discussion and analysis of private international law issues in Asian jurisdictions, which is published under Hart’s celebrated series Studies in Private International Law.  This seminar aims to provide an overview of the book series to the audience. Legal practitioners, government officials, academics and students who are interested in Asian law, private international law (broadly defined) and/or law and development are welcome to join.

The seminar will be followed by a networking tea, during which interested participants may explore future publication opportunities in the Studies in Private International Law – Asia series and other Hart Publishing outlets with Justice Anselmo Reyes (General Editor of Studies in Private International Law – Asia and International Judge at Singapore International Commercial Court) and Dr Roberta Bassi (Publisher at Hart Publishing).

There is no registration fee for this event, but registration is required for catering purposes. Visit here to register.

 

Programme

3.00pm Opening remarks by Professor Hiroshi MATSUO (Vice Dean and Director of Global LLM Program at Keio University Law School) 3.10pm Book series introduction by Justice Anselmo Reyes and

Dr Roberta Bassi 3.30pm Experience sharing by Dr Nobumichi TERAMURA (Associate Professor at Keio University Law School) 3.40pm Q&A 4pm End of the seminar and networking tea

SPIL-A series seminar Keio

By Faraz Firouzi Mandomi

Iran’s use of property measures against critics abroad is no longer hypothetical. In March 2026, Iran’s Prosecutor-General’s Office warned Iranians living abroad that support for, or cooperation with, states regarded by Iran as hostile could result in confiscation of their property. Reuters reported the warning on the basis of statements carried by Iranian state media.

The policy has since acquired a more concrete form. In May 2026, Amnesty International reported judicial orders to identify, freeze and seize bank accounts, properties and other assets belonging to persons accused of cooperating with “enemy states” or “hostile media”. Iranian authorities had reportedly announced measures affecting more than 750 persons inside and outside Iran, including journalists living abroad.

Administrative measures adopted in 2026 have also brought security screening into the use of consular powers of attorney. A circular concerning power of attorney issued abroad required inquiries where such instruments were presented in Iran and contemplated prosecutorial action where the grantor was identified as an opponent of the Islamic Republic abroad.

For present purposes, this situation can be described as political immobilization. Ownership may formally remain intact, while access to the legal mechanisms required to sell, mortgage, partition or administer the property is conditioned by political or security considerations.

The immediate concern is one of human rights. A separate question arises in private international law once the consequences of such measures are relied upon before courts outside Iran.

Property and the Lex Situs

The conventional starting point is the lex rei sitae. Article 966 of the Iranian Civil Code provides that possession, ownership and other rights over movable and immovable property are governed by the law of the country in which the property is situated. Proprietary questions concerning land situated in Iran therefore fall, in principle, under Iranian law.

That rule does not dispose of every dispute connected with Iranian property. A transaction involving land in Iran may also generate questions of contractual liability, restitution, succession, matrimonial property or insolvency before a foreign court. Those questions require separate characterization and may be governed by a law other than the law governing title itself.

Suppose, for example, that an Iranian resident abroad contracts to sell property in Tehran but cannot complete the transaction because the authorities prevent the use of a power of attorney on security grounds. Proceedings may subsequently be brought abroad for repayment or damages. The foreign court would first have to determine the nature of the claim and the law applicable to it. An Iranian administrative instruction addressed to prosecutors, consular authorities, notaries or registries does not automatically govern contractual liability in another legal system.

An additional distinction is important. The Iranian restriction might appear before the foreign court simply as a fact explaining why performance could not occur. In that situation, public policy cannot make the factual impediment disappear. A different problem arises where a party asks the forum to attribute legal effect to the measure itself, whether through the applicable foreign law, a claimed proprietary consequence, or recognition of an Iranian decision.

Human Rights and Public Policy

Human rights do not replace ordinary conflicts rules, nor do they ordinarily operate as connecting factors permitting a court to disregard foreign law merely because its application produces an objectionable result.

Their influence is nevertheless visible within established mechanisms of private international law. A useful contemporary restatement appears in the Institut de Droit international’s 2021 Resolution on Human Rights and Private International Law. Article 8 provides that, in assessing whether the application of foreign law designated by conflicts rules complies with international public policy, due consideration must be given to human rights, notably the principle of non-discrimination. Public policy therefore remains an exceptional control mechanism, not a competing choice-of-law rule. It may permit the forum to refuse effect to a consequence of otherwise applicable foreign law that is incompatible with its fundamental principles.

The distinction between territorial effectiveness and legal effect abroad is familiar in conflicts jurisprudence. In Luther v Sagor, English courts accepted the proprietary consequences of Soviet confiscatory legislation concerning property situated within Soviet territory. Oppenheimer v Cattermole demonstrated that such deference was not unlimited where foreign legislation was fundamentally incompatible with public policy. In Kuwait Airways v Iraqi Airways, the House of Lords likewise began from ordinary choice-of-law principles concerning proprietary rights but refused effect to Iraqi confiscatory legislation on public-policy grounds. Belhaj v Straw subsequently discussed Oppenheimer and Kuwait Airways within this public-policy line of authority.

The comparison is doctrinal, not historical. The Iranian measures are not equated with Soviet nationalization, Nazi persecution or Iraqi confiscation. These authorities instead illustrate that the territorial operation of foreign law and the legal consequences accorded to it by another legal system are separate questions.

Iranian law will ordinarily govern proprietary rights in assets situated in Iran. The private international law issue arises only when a consequence of the Iranian measure is invoked before a foreign court. The forum must first characterize the issue, determine the applicable law and establish the scope of the relevant foreign rule. Only then can public policy become relevant. Where the consequence for which legal effect is sought rests on discrimination based on political opinion or opposition activity, human-rights considerations may properly enter that assessment.

Political immobilization thus becomes a private international law problem when a measure effective within Iran is invoked as the basis for legal consequences outside Iran.

The second edition of Conflict of Laws Within the UK by Kirsty J Hood, Senator, College of Justice, Scotland, has been published by Oxford University Press. The blurb reads: The operation of conflict of law rules within the UK has changed drastically since the first edition of Conflict of Laws Within the UK published in […]