Legal developments, scholarship, calls and events admitted by automated confidence thresholds or editorial selection, with source-verification status shown for each record.
Published: 1 September 202658 published recordsTR / EN
02
00 / IN THIS ISSUE
The record at a glance
The contents of this issue are arranged by field of law and record type.
58Total records
04Legal developments
54Academic publications
00Calls and events
28Countries / jurisdictions
58Source records
◉ / MONTHLY RADAR
A concise reading of the issue and its highlighted records.
Theme of the month
Citizenship and migration status, contracts and applicable law
August’s issue contains 30 records: 28 academic publications and two legal developments, making it a publication-led month. The largest clusters are in conflict of laws and the law of foreigners. Nationality law forms a distinct secondary centre, while international civil procedure and international arbitration law appear in smaller numbers. The month’s two concrete developments are the HCCH Note on Article 2 of the 1985 Trusts Convention and Mauritius’s ratification of the Singapore Convention on Mediation. The issue is therefore less about a single operative change than about scholarship addressing citizenship and migration status alongside applicable law in contractual and commercial relationships.
Publications on nationality and the law of foreigners approach, from different settings, the questions of how status is acquired, lost or rendered practically uncertain. In “Family, Migration and Belonging in Japan’s Nationality Act”, Sara Park examines the relationship between descent, family registration and multiple nationality. Vanessa Ruget’s “The securitisation of citizenship in Russia’s 2023 regime” considers naturalisation requirements and denaturalisation alongside military mobilisation and political loyalty. The status and access to social rights of non-returnable third-country nationals in Italy illustrates the distinction between expulsion and regular or international-protection status. The study of Canada’s asylum reforms likewise considers border measures, direct-backs and refugee-protection obligations together.
I / FIELDS OF LAW
Choose a field to open its developments, scholarship and calendar records.
01Conflict of lawsOther 1 · International instruments 1 · Academic publications 2325records
Other
1
01OtherSource language: EnglishInternational / HCCHDate of development: 26 August 2026
On 26 August 2026, the Permanent Bureau of the HCCH published a Note on the application and interpretation of Article 2 of the 1985 Trusts Convention and on institutions analogous to trusts. It addresses the question whether an institution falls within the Convention’s scope. The 1985 Trusts Convention specifies the law applicable to trusts and governs their recognition in Contracting Parties. The Note provides legal practitioners with reference material for assessing these issues and the position of analogous institutions under the Convention.
conflict of lawsacademic researchapplicable lawHCCHinternational conventionscontracts
Shows which legal themes the records in this issue address. Circle size shows how many records cover a theme; lines show how many records address two themes together.
Network reading
Procedure, recognition and enforcement is this month's most-discussed theme, appearing in 22 records; Migration and international protection follows with 15 records. The two themes most often discussed together are procedure, recognition and enforcement and torts and liability, which appear together in 5 records. Because most of the issue is scholarship (54 academic publications, compared with 4 legal developments), this map shows what the literature focused on this month rather than a trend in legislation.
§Source ledgerDeduplicated source links used throughout this issue.58
On the conflict-of-laws and dispute-resolution side, the emphasis is not on a series of decisions but on how applicable law and cross-border processes are structured. The study of multi-nationality successions in Ecuador seeks a connecting factor across habitual residence, unity of succession and the deceased’s autonomy of will. “Qualification of Cross-Border Contractual Obligations” treats qualification without a choice of law as a sequence of analysis. In procedure, the cross-border SLAPP study focuses on international jurisdiction and recognition and enforcement; the Ghana article examines arbitrability and its effect on the circulation of arbitration agreements and arbitral awards. The operative developments are narrower: the HCCH Note addresses the applicable law and recognition framework for trusts, while Mauritius’s ratification places mediated settlement agreements within the Convention regime.
A monthly summary generated by autonomous AI and open to subsequent editorial correction. It is limited to the linked bulletin records and is not a legal opinion.
1
01International instrumentsSource language: EnglishMauritiusDate of development: 17 August 2026
Mauritius ratified the Singapore Convention on Mediation on 17 August 2026, as announced by the United Nations Commission on International Trade Law (UNCITRAL). The Convention establishes a framework for relying on and enforcing international mediated settlement agreements across borders. Mauritius thereby became the Convention’s twenty-third State party. The Convention will enter into force for Mauritius on 17 February 2027.
conflict of lawscross-border relationsinternational conventionsUNCITRALcontracts
Luis Bolívar Marín Carangui and Ana Fabiola Zamora Vázquez address how Ecuador should determine the applicable law where a deceased person had nationality or domicile connections with more than one State. They describe the existing framework as fragmented across the Civil Code, the Bustamante Code and general private international law principles. The qualitative study combines doctrinal, normative and comparative analysis, focusing in particular on Argentine law and Regulation (EU) No. 650/2012. It finds that traditional connecting factors, including the deceased’s nationality and the fragmentation of the estate, no longer adequately address contemporary cross-border successions, and proposes reform centred on habitual residence, unity of succession and the deceased’s autonomy of will.
Nguyen Thi Tuyet Nhung and Thao Ngo Minh Phuong consider how Vietnamese private international law affects women’s rights in marriage and family relationships involving foreign elements, using a feminist legal-theory perspective. The analysis brings together applicable law, international jurisdiction, and the recognition and enforcement of foreign judgments. Using analysis, comparison and synthesis, the article finds that Vietnamese rules largely safeguard women’s rights but leave unresolved issues concerning recognition of marriage, the non-recognition of same-sex marriage, and uncertainty in procedures for recognising foreign judgments.
Franco Ferrari addresses the relationship between uniform substantive law and private international law by asking whether rules were intended to be interpreted and applied in the same way across different legal systems. The entry distinguishes uniform law from national rules that have merely been harmonised or have become similar in practice. Its central distinction is that uniformity depends not on identical wording alone, but on a shared intention to secure common interpretation and application. Differences arising from language, interpretation or practice therefore have to be assessed against the degree of uniformity originally intended.
On 26 August 2026, Giesela Rühl published a reference entry on the foundational concepts and systematic structure of private international law. The entry appears in Edward Elgar Publishing eBooks. Rather than addressing a particular dispute, it focuses on the foundations of conflict of laws and the way the field is systematically organised. The available material does not state a distinct thesis, method or practical finding.
This article addresses the foundations of the principle of mutual trust in EU law, focusing on how it operates between Member States and where its reach ends in relations with third countries. Drawing on Opinion 1/17, the author argues that the apparently closed circle of trust may nevertheless extend to some closely associated third countries, and asks whether the current conception of mutual trust can still be maintained.
P. M. Filippov and I. B. Ilovaysky address how cross-border contractual relations without an express choice of law should be characterised in Russian legal practice, and how that process affects the determination of the applicable law. They focus on the uncertainties that arise when such relations have a complex legal character. The authors set out characterisation as a sequence of preliminary characterisation, primary characterisation and secondary characterisation or resolution of the dispute on the merits. Drawing on formal-legal, comparative-legal, historical-legal and legal-interpretation methods, they argue that the relevant provisions of the Russian Civil Code and the Supreme Court Plenum resolution should be amended or clarified.
Renaldo Alan Saptono and Siti Malikhatun Badriyah investigate the validity under Indonesian law of interfaith marriages celebrated abroad by Indonesian citizens, and the legal consequences of entering those marriages in the civil registry. Drawing on legislation, doctrine and judicial decisions through a normative legal approach, the article finds that a foreign marriage is not automatically recognised in Indonesia where it conflicts with Article 2 of Marriage Law No. 1 of 1974, as amended by Law No. 16 of 2019, and national public policy. Civil registration is treated as a population-administration measure, rather than proof of a marriage’s substantive legal validity.
Tjaša Ivanc’s monograph chapter addresses the European Certificate of Succession (ECS) as a means by which heirs, legatees and/or an executor may prove their status in cross-border succession matters. It considers the Certificate’s evidentiary effects alongside the determining role of the lex rei sitae in land-register entries. The chapter notes that a registry may refuse registration where the immovable property is not sufficiently identified in the ECS, while verifiable electronic copies and machine-readable annexes may support the registration process.
Meirong Zhang’s book, identified by DOI 10.4324/9781003753834, develops a post-eclectic framework arguing that private international law should incorporate ‘global common values’ into its normative foundation. On that basis, it offers a practical roadmap for addressing vertical normative conflicts in the digital economy, decentralised finance, transboundary ecological supply chains and cross-border bioethics, while discussing how domestic systems can adapt jurisdiction, choice of law, and the recognition and enforcement of judgments to protect those values.
Mukarrum Ahmed uses business and human rights proceedings brought by persons alleging harm from multinational companies’ overseas conduct to explore the different forms taken by forum (non) conveniens in international litigation. The article argues that a methodologically pluralist private international law, driven by global-governance concerns, can accommodate case-specific forum solutions along a jurisdictional continuum, while also addressing the risk that claimant-friendly approaches encourage forum shopping and challenge private international law’s traditional value neutrality.
This book chapter by Meirong Zhang traces the doctrinal evolution of private international law and describes an eclectic methodology that now combines the nineteenth-century idea of an “order of sovereign allocation” with the twentieth-century objective of “substantive fairness”. It says that this framework balances certainty and decisional flexibility in traditional transnational disputes, but remains State-centred and therefore limited when dealing with systemic global harms such as climate change and digital torts; the chapter proposes adding “global common values” to choice-of-law methodology.
Meirong Zhang’s book chapter argues that private international law should expand its regulatory functions in response to ‘vertical normative conflicts’ arising from the mismatch between transnational capital mobility and the territorial limits of global governance. Framed through post-eclecticism, its proposed reconstruction addresses functional characterisation and substantive scrutiny of legal fictions; jurisdiction founded on a liability-based paradigm and the doctrine of appropriate connection; and choice of law through dépeçage, overriding mandatory rules and scrutiny of transnational public policy. For the circulation of judgments, it proposes a dual-track mechanism for recognition, a review standard based on substantive equivalence, and rules for transnational coordinated enforcement.
Meirong Zhang’s book chapter, DOI 10.4324/9781003753834-6, addresses connecting factors for digital assets and central bank digital currencies (CBDCs). It focuses on how non-territorial digital value can be linked to a legal system for private-international-law purposes.
This book chapter by Meirong Zhang examines how Chinese private international law responds to vertical normative conflicts within global governance. It argues that, as transnational disputes expand into areas such as algorithmic monopolies, decentralised assets, ecological supply chains and bioethical controversies, Chinese private international law is moving from passive conflict coordination to active regulatory governance; to operationalise that shift, the chapter discusses jurisdictional rules such as appropriate connection and restrictive immunity, choice-of-law tools including overriding mandatory rules, substantive dépeçage and transnational public policy review, and judicial assistance through presumptive reciprocity and functional enforcement.
Meirong Zhang’s chapter questions the traditional territorially centred approach to private international law in transnational climate disputes and argues for a liability-based reconstruction. It considers strategic climate litigation through general jurisdiction, the joinder of domiciled co-defendants and a reconceptualised lex loci delicti as the place of corporate decision-making; it also addresses the expansion of a parent company’s duty of care, the use of purpose-oriented conflict rules and overriding mandatory rules, and, in voluntary carbon markets, a move away from the place of registration towards the underlying ecological legal relationship.
In this chapter, Meirong Zhang addresses the vertical normative conflicts arising from transnational commercial surrogacy and the problem of limping legal parentage. It argues for anchoring conflict-of-laws method in the child’s best interests, with jurisdiction centred on the child’s habitual residence and forum necessitatis, choice of law handled through functional characterisation and substantive dépeçage, and recognition reviewed through a proportionality-based, consequence-oriented approach.
This book chapter by Meirong Zhang examines how the non-territorial character of artificial intelligence strains traditional connecting factors in jurisdiction, choice of law and enforcement review. It advances a substantive-control approach, with priority for overriding mandatory rules and a transnational public policy control at the enforcement stage.
Innocent Tchamgwé’s article in the Uniform Law Review examines the presumption of cessation of payments that follows recognition of a foreign main collective proceeding in the OHADA area. It focuses on procedural coordination, the national judge’s role and questions of legal certainty.
Intan Pelangi and Adhimaz Kondang Pribadi’s article in Muhammadiyah Law Review addresses the legal vacuum surrounding the status of a child born abroad through surrogacy within Indonesian family law. It notes that Article 58 of Law No. 17 of 2023 permits assisted reproduction only where an embryo created from the spouses’ own gametes is transferred to the wife from whom the ovum originated, and identifies a fourfold gap in cross-border surrogacy cases: substantive parentage rules, conflict-of-laws rules, judicial and registration procedures, and inter-institutional coordination. Drawing on a comparison between Indonesia, France, the United Kingdom and India, the authors propose a two-track status-separation model: one track keeps surrogacy itself prohibited or strictly restricted, while the other secures the child’s birth registration, nationality assessment, judicial determination of parentage, non-abandonment, maintenance and access to origin information in line with the child’s best interests.
In a note published in Trusts, Michele Angelo Lupoi considers the Royal Court of Jersey’s use of its inherent powers to rectify a trustee’s act vitiated by a “genuine error”. He argues that an application for rectification may likewise be made and granted by an Italian court in non-adversarial proceedings, since the remedy concerns the substance of the matter rather than procedure, notwithstanding its basis in common-law equity powers.
Oliver D William addresses the reinsurer’s “follow the settlements” and “follow the fortunes” duties in cross-border reinsurance contracts. Published in the Uniform Law Review, the article examines Article 2.4.3 of the Principles of Reinsurance Contract Law through the divergent approaches of German-speaking legal systems, English law and the United States. It focuses on whether the duty to follow settlements arises without express agreement and the limits within which it operates. The article also considers whether the two duties should be distinguished, and presents the PRICL as an attempt to reduce fragmentation in reinsurance law and improve certainty in the global market.
This article takes a comparative look at the automation of smart construction contracts through blockchain and artificial intelligence, focusing on the legal and operational problems that arise. It identifies uncertainty over contractual validity, the difficulty of determining the governing law and judicial jurisdiction, privacy breaches in public blockchains, liability for coding errors, and algorithmic bias as the main legal obstacles; it also notes, in relation to Iran, the absence of a specific legal framework, weak technical infrastructure and a shortage of specialist training, while pointing to Singapore and Switzerland as stronger examples shaped by supportive legislation and education.
Document / publication ID
10.61838/jhrlp.349
conflict of lawsacademic researchapplicable lawinternational arbitrationartificial intelligencecontractscross-border relationsdigitalisation
Arshiya Sharda’s article in the Journal of International Arbitration examines the interpretive difficulties posed by general public policy exceptions in investment treaties. It proposes an analytical framework for a more balanced reading between states’ regulatory autonomy and investor protection.
In Bahrain v. Shehabi [2026] UKSC 25, the UK Supreme Court dealt with allegations that FinSpy spyware was used on behalf of Bahrain to infiltrate the computers of two human rights activists in the UK between September 2011 and August 2014. In a split decision, the Court held that Bahrain was not entitled to state immunity in the harassment claim, squarely raising the question whether immunity applies in a cross-border cyber-espionage case.
international civil procedureacademic researchcontractscourt decisionscross-border relationshuman rightsinternational conventionsinternational jurisdiction
Gábor Levente Kozma and Murilo Lubambo de Melo address how the European Union and England and Wales can constrain cross-border SLAPPs, focusing on the allocation of international jurisdiction. They also consider the recognition and enforcement of decisions arising from such proceedings. The comparison covers the Brussels I Recast Regulation, the EU Anti-SLAPP Directive, the Court of Justice judgment in Real Madrid v. Le Monde, and relevant English statutory, common-law and procedural rules. The authors conclude that the tools available in both systems can be refined to respond more effectively to the cross-border effects of SLAPPs.
Kerem Uşşakli addresses the legal questions surrounding the loss and reclamation of citizenship in Iraq. The article focuses on citizenship, denaturalisation and the restoration of the citizenship relationship. It places these questions within Iraq’s context of political conflict and governance. No specific method, thesis or finding is established, so the article’s scope can be stated only in these terms.
Ramesh Ganohariti’s book traces how citizenship is constructed in Abkhazia, South Ossetia and Transnistria, three post-Soviet contested states. Drawing on legal analysis, interviews and survey data, it examines the link between citizenship regimes, recognition, sovereignty and the politics of belonging. The book finds that people in these territories must navigate the citizenship rules of contested, claimant, patron and third states, while citizenship is used by authorities as a tool of state and nation-building.
Sara Park’s book chapter, published on 19 August 2026, explores Japan’s Nationality Act at the intersection of family, migration and national identity. It considers the relationship between the jus sanguinis regime and family registration and marital status, the effect of the 1985 reform and 2008 amendment on parenthood and parent-child relationships, and current debates on multiple nationality. The chapter combines legal history with sociological research on family and national identity, policy debates, materials from organisations supporting multicultural families, case studies and legal controversies. Park argues that Japanese nationality law does more than regulate membership of the state: it also shapes normative understandings of family, kinship, gender and belonging.
Esra Tekin’s article considers the European Court of Human Rights’ judgment of 11 October 2011 in Genovese v. Malta, in which the Court found that denying Maltese nationality through paternal filiation to a child born out of wedlock to a Maltese father violated Articles 8 and 14 of the ECHR. The Court held that the refusal adversely affected the applicant’s social identity and should therefore be assessed within the scope of private life. The article assesses, in light of that case-law, the provision on establishing paternal filiation in Article 7 of the Turkish Citizenship Act No. 5901.
Jade Roberts examines the legality of the United Arab Emirates’ 2008 arrangement with the Comoros to provide Comorian passports to the UAE’s stateless bidun population. The article also considers a similar arrangement contemplated by Kuwait in 2014 and compares both cases with bilateral responses to asylum seeking and irregular migration. Roberts argues that the comparison shows bilateral agreements in both contexts to be indicative of a growing deterritorialisation and commodification of protection. The analysis therefore considers responses to statelessness through the question of how protection is transferred between states.
Emil Śliwiński examines how terrorism-based deprivation of citizenship should be assessed for proportionality under the European Convention on Human Rights. The article compares ECtHR cases involving citizenship deprivation on terrorism grounds with citizenship case law arising in other contexts.
The Court’s approach centres on two questions: whether the deprivation is arbitrary and what consequences denationalisation has for the individual. Śliwiński argues that the content of both elements remains insufficiently clear and draws on Article 8 ECHR, Article 3 of Protocol No. 1 and Article 3 of Protocol No. 4 to develop a more coherent set of proportionality criteria.
Document / publication ID
10.1080/13642987.2026.2711674
nationality lawacademic researchcitizenshipcomparative lawhuman rightsinternational conventionsloss of nationality
Vanessa Ruget analyses how Russia’s 2023 citizenship law and several subsequent decrees instrumentalise citizenship. The framework reshapes naturalisation through a new civics test, revised oath-of-allegiance requirements, compulsory military registration and an emphasis on “traditional” values. The article also considers passports for people who sign contracts with the armed forces and the 2023 expansion of offences triggering denaturalisation. Taken together, these measures securitise citizenship in order to promote loyalty to the regime, support military recruitment and constrain dissent by naturalised citizens.
nationality lawacademic researchcitizenshipcitizenship by descentcomparative lawlegislationloss of nationalitynaturalisation
Published on 21 August 2026, the independent Declaration asserts a right for people with experience of forced displacement or statelessness to participate in decisions that directly or indirectly affect their protection and human rights. Its scope includes refugees, asylum seekers, internally displaced persons, trafficked persons and stateless persons. The text responds to the exclusion of affected people from decision-making and to participation that remains tokenistic, superficial or symbolic. It sets out procedural safeguards such as access to information and genuine influence over decisions, providing an independent normative framework for processes involving States, United Nations bodies, civil society organisations and other decision-makers.
The African Union issued the document titled “African Union Guidelines for Collection and Utilization of Quality Administrative Sata for Labor Migration Statistics” on 14 August 2026. It sets out guidance on the collection and use of administrative data for labour migration statistics.
migration and asylumcross-border relationslegislation
Publication / institution
African Union — Treaties, Conventions, Protocols and Charters
Melis Avşar’s article in the Ankara University Law Faculty Journal addresses the deportation of stateless persons from Turkey within the framework of Article 51 of the Law on Foreigners and International Protection and the 1954 Convention relating to the Status of Stateless Persons. The abstract explains that stateless persons form a vulnerable group because they cannot rely on state protection; it also states that deportation is possible only where there is a serious threat to public order or public security, and that these safeguards depend on a statelessness determination under Article 50 of the LFIP.
This article by Cansu Kaya Ülken, published on 13 August 2026, addresses the legal nature and operation of obligations that may be imposed in place of administrative detention on foreigners subject to deportation orders under the Foreigners and International Protection Act. It examines the types of obligations used, the procedure for issuing the measure, the available remedy against the decision and the termination of the measure, and notes that regulating the scope and conditions of some obligations by regulation rather than statute raises issues of legality and legal certainty.
Francesca Cimino, Beatrice Grasso and Fabio Perocco examine the status and access to social rights of third-country nationals in Italy who are subject to expulsion orders but cannot be returned for legal, practical or policy-related reasons. The study finds that these migrants remain in an uncertain position between regular and irregular status, particularly in relation to health care, education, work and housing. Drawing on an analysis of policy and legal frameworks and interviews with experts, state agents and migrants, the research concludes that non-returnability does not amount to regularisation. Administrative discretion, changing policy frameworks and local context produce different social conditions and levels of access to rights among migrants in comparable situations.
Ravit Talmi-Cohn’s article in the Journal of Ethnic and Migration Studies examines how Zera Beta Israel (ZBI) migrants navigate Israel’s overlapping migration regimes through the concept of “limited hybridity.”
Efrat Arbel traces how Canada’s asylum reforms between 2020 and 2026 transformed its refugee-protection system and affected its legal obligations towards asylum seekers. The analysis covers the Covid-19 border closure, the 2023 Additional Protocol to the Safe Third Country Agreement and the reforms enacted through Bill C-12 in 2026. The article argues that the pandemic-era direct-back policy deferred protection, displaced legal responsibility and obscured the effects on racialized asylum seekers, particularly those from the Global South. Drawing on an in-depth interview with an asylum seeker, it criticises the conversion of temporary measures into permanent law and policy and calls for closer scrutiny of the legal fictions sustaining the system.
Abdurrahman Boyraz’s article in Göç Araştirmalari Dergisi, DOI 10.70972/gad.1896334, considers the use of artificial intelligence in the residence-permit categories and related administrative decision-making processes under Law No. 6458. It finds that short-term and student residence-permit procedures are particularly suitable for AI-supported routine tasks such as document checking and time calculations at the application and assessment stages, while stressing that AI should remain a support tool under human control rather than the final decision-maker.
Ingrid V Eagly addresses the difficulties unaccompanied migrant children face in accessing legal information, guardians and free legal assistance during international-protection and status-regularisation procedures in EU Member States. Without information they can understand and effective representation, children seeking protection are placed in an even more precarious position. The analysis examines the Migration and Asylum Pact’s provisions on child-friendly, good-quality legal information, more rigorous standards for legal guardians and free legal counselling in administrative proceedings. Although the Pact’s acceleration and externalisation of border procedures and greater reliance on detention may deepen existing obstacles, its legal-service safeguards provide a framework for future programme design, advocacy and research.
A correction to Jane McAdam and Geoff Gilbert’s article on international protection in the context of climate change and disasters was published in the International Journal of Refugee Law on 29 August 2026. It concerns a quotation and citation in the article’s discussion of protection for people displaced across international borders. The notice supplies the corrected wording of the quotation associated with footnote 32 and changes “para 433” to “page 145, paragraph 433”. It reports no new thesis or finding concerning the article as a whole.
Document / publication ID
10.1093/ijrl/eeag024
migration and asylumacademic researchhuman rightsrefugee status
Guy S Goodwin-Gill focuses on the role of the 1951 Convention relating to the Status of Refugees in relation to refugee status and international protection. The article addresses the legal relationship between the Convention and those protection frameworks. The available information does not establish the article’s method, principal thesis or findings. Its scope can therefore be stated only in terms of the Convention’s place in the international law of refugees.
Justin Robertson traces how investment migrants acquire foreign status, second passports and residencies while continuing to live in China. The analysis connects this practice of “migration without leaving” with household registration, capital transfers and the regulation of investment migration. Interviews, digital ethnography and observation at industry conferences place these transactions in grey zones where formal prohibitions coexist with uneven enforcement and tacit tolerance. Investment migration serves both domestic business and education advantages and the hedging of private wealth, while some actors continue to move capital abroad and retain their Chinese household registration.
Francesco Spera addresses how the European Union’s use of soft-law instruments in responding externally to migration and asylum crises relates to the principles of the Treaties and the integration process. The book places those instruments within the EU’s external governance and its role as a global actor. Drawing on newer theories of EU integration and constitutional principles, Spera considers case studies including the New Pact on Migration and Asylum, the Strategic Compass and REPowerEU. He proposes a taxonomy of EU external-relations soft law distinct from both international soft law and internal EU soft law.
Mathias Audit investigates the legal difficulties surrounding investor-State arbitration claims and their assignment. He places those claims in the context of bilateral and multilateral investment treaties, free trade agreements, foreign investment codes and domestic investment law. The analysis shows that assignment can entangle arbitral proceedings and the enforcement of arbitral awards. It examines the point at which investment law, arbitration law and private-law mechanisms for transferring claims meet.
The article addresses how third-party funding (TPF) can widen access to international arbitration while creating risks for cost recovery and procedural balance, including situations where respondents face substantial exposure if funded claimants cannot satisfy adverse awards. It compares approaches in leading common law jurisdictions and evaluates disclosure obligations, capital requirements and security-for-costs practice, then proposes reforms that would in limited circumstances allow tribunals to allocate costs directly to funders, strengthen presumptions in favour of security for costs, and improve transparency and solvency standards.
Jafar Nezamolmolki’s article in the Journal of International Arbitration explains that identifying the applicable substantive law in international investment arbitration has been complicated by the development of investment law, Article 42(1) of the ICSID Convention and the approach taken in certain arbitral tribunals. It argues that existing theories do not provide a satisfactory mechanism and that, in interpreting and applying investment treaties, both domestic and international law rules must be taken into account; it also states that, in the relevant conceptualisation, ‘international law’ is confined to the general principles of law.
Prashant Narang and Ishika Tanwar’s article in the Journal of International Arbitration critically appraises the Supreme Court of India’s decision in Disortho S.A.S. v. Meril Life Sciences Pvt. Ltd. It examines a hybrid dispute resolution clause that combined Indian governing law and Gujarat courts with Bogotá as the place of arbitration, and analyses why the Court treated Bogotá as a venue rather than a juridical seat while applying Indian law to the arbitration agreement. The piece places the decision within India’s post-BALCO seat-centred case law and in dialogue with Sulamérica, Enka and recent comparative developments, and argues through an error-cost and institutional-efficiency lens for a seat-default presumption.
Document / publication ID
10.54648/joia2026021
international arbitration lawacademic researcharbitration agreementcomparative lawcourt decisionscross-border relations
Prashant Narang and Ishika Tanwar assess how the Supreme Court of India interpreted the hybrid dispute-resolution clause in Disortho S.A.S. v. Meril Life Sciences Pvt. Ltd. The clause combined Indian law and Gujarat courts with arbitration in Bogotá under the Bogotá Chamber of Commerce Rules; the Court held that Indian law governed the arbitration agreement and construed Bogotá as a venue rather than the juridical seat. The article places that reasoning alongside India’s post-BALCO seat-centred case law, Sulamérica, Enka and recent comparative developments, and argues that a presumption treating the named place as the juridical seat and applying its law to the arbitration agreement reduces error costs and improves institutional efficiency.
The article addresses the role of arbitration in disputes arising from the expansion of digital asset markets, with a close focus on the limits of arbitration clauses in consumer-facing cryptoasset transactions through Payward, Inc. d/b/a Kraken, Payward Ventures, Inc. & Payward Ltd v. Chechetkin. Set against the Arbitration Act 1996, as amended in 2025, and the New York Convention, it examines mandatory consumer protection, the operation of public policy at the enforcement stage, and the heightened scrutiny applied to standard-form arbitration clauses in cross-border digital transactions.
international arbitration lawacademic researchcourt decisionscross-border relationsdigitalisationinternational conventionslegislationNew York Convention
Nandini Bhavsar’s article, published in the Journal of International Arbitration under DOI 10.54648/joia2026018, addresses the institutional problems that arise in multi-contract arbitration when a single commercial dispute is split across multiple contracts, parties, and arbitral tribunals. Using doctrinal analysis and comparative review of the rules of leading institutions including the ICC, SIAC, LCIA and HKIAC, the paper examines consolidation, joinder and procedural coordination, identifies persistent gaps in procedural coherence, tribunal constitution and award enforceability, and advances reform through institutional harmonisation and contractual architecture such as unified arbitration clauses, project-level protocols and back-to-back provisions.
06International civil aviation lawNo records in this issue0records
NETWORK FOCUSProcedure, recognition and enforcement ↔ Torts and liability · 5 shared records
01
Procedure, recognition and enforcement22
Conflict of laws · International civil procedure · Nationality law · Law of foreign nationals · International arbitration law · 2 legal development⇄Blowing together: Torts and liability · AI and digital relationships · Family and personal status
02
Migration and international protection15
Nationality law · Law of foreign nationals · 1 legal development⇄Blowing together: Nationality status · Family and personal status · Procedure, recognition and enforcement
Strategic Lawsuits Against Public Participation in a Cross-Border Context: Anti-SLAPP Legislation and the Role of the Private International Law Regimes in the EU and England
02A hybrid model for defining arbitrability in GhanaBaffour Yiadom-Boakye · African Journal of International and Comparative Law · Publication date: 1 August 2026Journal articleGhana; Switzerland; Tunisia; England and Wales; United States of America; Singapore⌄
Baffour Yiadom-Boakye addresses how the boundaries of arbitrability are determined in Ghanaian international arbitration and how those boundaries affect recognition of arbitration agreements and recognition and enforcement of arbitral awards. The analysis places Ghana’s approach alongside those of Switzerland, Tunisia, England and Wales, the United States and Singapore. The comparison considers legislative, judicial and hybrid models. Yiadom-Boakye recommends that Ghana combine legislative clarity with judicial flexibility to strengthen its arbitration regime and align it with evolving international standards.
Remigijus Jokubauskas and J. M. G. J. (Gert-Jan) Boon examine the powers and cooperation duties of insolvency practitioners when main and secondary proceedings run in parallel under the European Insolvency Regulation. The central question is whether cooperation can increase the value of separate insolvency estates and which remedies are available when practitioners dispute the treatment of assets between them. The article places the Court of Justice of the European Union’s 2024 Air Berlin decision at the centre of that analysis. It considers the implications of the decision’s acceptance of a secondary insolvency practitioner’s standing to bring an avoidance action against the main practitioner for the roles of practitioners and the available remedies in cross-border insolvency.
04AI-Assisted Online Mediation in Travel DisputesWan Farahiyah Izni W ABD Rahman; Nur Farahiyah Mohd Nasir · Issues and Perspectives in Business and Social Sciences · Publication date: 12 August 2026Journal articleGlobal⌄
The article addresses travel agency disputes arising from online travel transactions and considers how artificial intelligence can be integrated into online dispute resolution and online mediation. Using a doctrinal method with reference to Malaysia and the European Union, it concludes that AI-driven ODR may improve efficiency and accessibility, but doctrinal reform is needed to protect consumer rights.
Gabriella Breczkáné dr. Békési’s article in Debreceni Jogi Műhely addresses harmonisation in the field of service of documents and its impact on national civil procedure rules. The abstract focuses in particular on the effects of the 1965 Hague Service Convention and the first EU Service Regulation of 29 May 2000 on French, German and Hungarian rules.
Document / publication ID
10.24169/djm/2026/1-2/1
international civil procedureacademic researchcompany lawcontractsEU private international lawHCCHservice abroadinternational conventions
Nationality law · Law of foreign nationals⇄Blowing together: Migration and international protection · Family and personal status · Procedure, recognition and enforcement
04
Arbitration and dispute resolution7
International arbitration law⇄Blowing together: Procedure, recognition and enforcement · AI and digital relationships · Consumer relationships
05
AI and digital relationships6
Conflict of laws · International civil procedure · Law of foreign nationals · International arbitration law⇄Blowing together: Procedure, recognition and enforcement · Consumer relationships · Migration and international protection
06
Family and personal status6
Conflict of laws · Nationality law⇄Blowing together: Procedure, recognition and enforcement · Nationality status · Migration and international protection
07
Other cross-border private-law relationships6
Conflict of laws · 1 legal development
08
Torts and liability5
Conflict of laws · International civil procedure · 1 legal development⇄Blowing together: Procedure, recognition and enforcement · AI and digital relationships
09
Contracts and commercial relationships3
Conflict of laws · International arbitration law⇄Blowing together: Arbitration and dispute resolution
10
Consumer relationships2
International civil procedure · International arbitration law⇄Blowing together: AI and digital relationships · Procedure, recognition and enforcement · Arbitration and dispute resolution