,Introduction: What is PIL?
Private International Law
This branch of law deals with legal disputes that involve a cross-border element between private parties.
It focuses on determining which court has jurisdiction, which law applies, and how judgments can be
recognized and enforced internationally.
What does PIL deal with: Three main questions of PIL
Jurisdiction
This refers to the first main question of Private International Law regarding which specific court or
country's legal system is authorized to hear a case. It ensures that a dispute is resolved in a forum that
has a legitimate connection to the parties or the subject matter.
Choice of Law
This concept identifies which substantive national law should be applied to the merits of a cross-border
dispute once jurisdiction is established. It aims to provide legal certainty by selecting the most
appropriate legal system to govern the legal relationship.
Recognition and Enforcement
This third pillar of Private International Law concerns the process of having a judgment from one
country's court accepted and executed in another country. It prevents the need to re-litigate the entire
case and ensures that judicial decisions have international effectiveness.
Examples of PIL & Forum Shopping
Forum Shopping
This practice involves a claimant choosing to bring their case in a specific jurisdiction that offers the most
favorable legal rules or procedural advantages. While often criticized, it is a strategic reality in
international litigation where multiple courts might have jurisdiction.
Libel Shopping
This is a specific form of forum shopping where a plaintiff chooses a jurisdiction with claimant-friendly
defamation laws to sue for libel. It often occurs in cases involving high-profile individuals seeking to
suppress publications in countries with strict speech regulations.
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,SLAPP
Strategic Lawsuits Against Public Participation are legal actions intended to censor, intimidate, or silence
critics by burdening them with the cost of a legal defense. These cases are frequently linked to libel
shopping and represent a significant challenge for freedom of expression in the context of PIL.
HCCH
The Hague Conference on Private International Law is a global intergovernmental organization that
works for the progressive unification of Private International Law rules. It develops international
conventions to facilitate legal cooperation in areas like child abduction, service of documents, and
evidence gathering.
Conflict of Laws in the EU - Jurisdiction
Von Savigny
Friedrich Carl von Savigny was a legal scholar whose "seat theory" significantly influenced the
development of modern Private International Law. He proposed that every legal relationship has a "seat"
or a natural center of gravity that determines the applicable law.
Brussels Ibis Regulation
This is the primary EU instrument governing jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters. It updated previous regulations to further simplify cross-
border litigation and strengthen the principle of mutual trust within the European Union.
Mutual Trust
This is the overriding principle of EU Private International Law, assuming that the legal systems of
Member States are equivalent and worthy of confidence. It facilitates the automatic recognition of
judgments and streamlines judicial cooperation across the European Union.
Scope of application: Ratione Personae
Domicile
This serves as the primary ground for jurisdiction under the Brussels Ibis Regulation, typically meaning
the place where a person has their permanent home or a company has its seat. It provides a predictable
starting point for determining where a defendant should be sued according to Articles 62 and 63.
Exclusive Jurisdiction – Art. 24
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, Exclusive Jurisdiction
These are strict rules under Article 24 of the Brussels Ibis Regulation that mandate specific courts to hear
certain types of cases regardless of the parties' domicile. Examples include disputes concerning rights in
rem in immovable property, the validity of company decisions, or entries in public registers.
Rights in rem
These are legal rights that relate directly to a property itself rather than to a specific person, such as
ownership or mortgages. In the context of PIL, Article 24(1) dictates that the court of the Member State
where the immovable property is situated has exclusive jurisdiction.
Jurisdiction by appearance – Article 26
Jurisdiction by Appearance
This occurs under Article 26 when a defendant enters an appearance before a court without contesting
its jurisdiction. By engaging in the merits of the case, the defendant is deemed to have tacitly accepted
the court's authority to decide the dispute.
Choice of court agreements – Art. 25
Choice of Court Agreement
Also known as a prorogation of jurisdiction, this is a contractual clause where parties agree in advance
which court will handle their potential disputes. Under Article 25 of the Brussels Ibis Regulation, such
agreements are generally given high priority to respect party autonomy.
Lex Fori Prorogati
This term refers to the law of the Member State whose courts have been designated in a choice of court
agreement. It is the law used to determine the substantive validity of the agreement, ensuring that the
chosen court applies its own standards to the consent of the parties.
Art. 8 – Special jurisdiction – multiple parties
Special jurisdiction – multiple parties
This rule allows a plaintiff to sue multiple defendants in the same court, provided that the claims are so
closely connected that it is expedient to hear them together to avoid irreconcilable judgments. Under
Article 8 of the Brussels Ibis Regulation, a person domiciled in a Member State may be sued in the courts
for the place where any one of the co-defendants is domiciled.
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Private International Law
This branch of law deals with legal disputes that involve a cross-border element between private parties.
It focuses on determining which court has jurisdiction, which law applies, and how judgments can be
recognized and enforced internationally.
What does PIL deal with: Three main questions of PIL
Jurisdiction
This refers to the first main question of Private International Law regarding which specific court or
country's legal system is authorized to hear a case. It ensures that a dispute is resolved in a forum that
has a legitimate connection to the parties or the subject matter.
Choice of Law
This concept identifies which substantive national law should be applied to the merits of a cross-border
dispute once jurisdiction is established. It aims to provide legal certainty by selecting the most
appropriate legal system to govern the legal relationship.
Recognition and Enforcement
This third pillar of Private International Law concerns the process of having a judgment from one
country's court accepted and executed in another country. It prevents the need to re-litigate the entire
case and ensures that judicial decisions have international effectiveness.
Examples of PIL & Forum Shopping
Forum Shopping
This practice involves a claimant choosing to bring their case in a specific jurisdiction that offers the most
favorable legal rules or procedural advantages. While often criticized, it is a strategic reality in
international litigation where multiple courts might have jurisdiction.
Libel Shopping
This is a specific form of forum shopping where a plaintiff chooses a jurisdiction with claimant-friendly
defamation laws to sue for libel. It often occurs in cases involving high-profile individuals seeking to
suppress publications in countries with strict speech regulations.
2
,SLAPP
Strategic Lawsuits Against Public Participation are legal actions intended to censor, intimidate, or silence
critics by burdening them with the cost of a legal defense. These cases are frequently linked to libel
shopping and represent a significant challenge for freedom of expression in the context of PIL.
HCCH
The Hague Conference on Private International Law is a global intergovernmental organization that
works for the progressive unification of Private International Law rules. It develops international
conventions to facilitate legal cooperation in areas like child abduction, service of documents, and
evidence gathering.
Conflict of Laws in the EU - Jurisdiction
Von Savigny
Friedrich Carl von Savigny was a legal scholar whose "seat theory" significantly influenced the
development of modern Private International Law. He proposed that every legal relationship has a "seat"
or a natural center of gravity that determines the applicable law.
Brussels Ibis Regulation
This is the primary EU instrument governing jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters. It updated previous regulations to further simplify cross-
border litigation and strengthen the principle of mutual trust within the European Union.
Mutual Trust
This is the overriding principle of EU Private International Law, assuming that the legal systems of
Member States are equivalent and worthy of confidence. It facilitates the automatic recognition of
judgments and streamlines judicial cooperation across the European Union.
Scope of application: Ratione Personae
Domicile
This serves as the primary ground for jurisdiction under the Brussels Ibis Regulation, typically meaning
the place where a person has their permanent home or a company has its seat. It provides a predictable
starting point for determining where a defendant should be sued according to Articles 62 and 63.
Exclusive Jurisdiction – Art. 24
3
, Exclusive Jurisdiction
These are strict rules under Article 24 of the Brussels Ibis Regulation that mandate specific courts to hear
certain types of cases regardless of the parties' domicile. Examples include disputes concerning rights in
rem in immovable property, the validity of company decisions, or entries in public registers.
Rights in rem
These are legal rights that relate directly to a property itself rather than to a specific person, such as
ownership or mortgages. In the context of PIL, Article 24(1) dictates that the court of the Member State
where the immovable property is situated has exclusive jurisdiction.
Jurisdiction by appearance – Article 26
Jurisdiction by Appearance
This occurs under Article 26 when a defendant enters an appearance before a court without contesting
its jurisdiction. By engaging in the merits of the case, the defendant is deemed to have tacitly accepted
the court's authority to decide the dispute.
Choice of court agreements – Art. 25
Choice of Court Agreement
Also known as a prorogation of jurisdiction, this is a contractual clause where parties agree in advance
which court will handle their potential disputes. Under Article 25 of the Brussels Ibis Regulation, such
agreements are generally given high priority to respect party autonomy.
Lex Fori Prorogati
This term refers to the law of the Member State whose courts have been designated in a choice of court
agreement. It is the law used to determine the substantive validity of the agreement, ensuring that the
chosen court applies its own standards to the consent of the parties.
Art. 8 – Special jurisdiction – multiple parties
Special jurisdiction – multiple parties
This rule allows a plaintiff to sue multiple defendants in the same court, provided that the claims are so
closely connected that it is expedient to hear them together to avoid irreconcilable judgments. Under
Article 8 of the Brussels Ibis Regulation, a person domiciled in a Member State may be sued in the courts
for the place where any one of the co-defendants is domiciled.
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