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Brazilian Ruling Recognises US Name Change

Written by Prof Dr João Costa-Neto, Assistant Professor, Faculty of Law, University of Brasília
and Dr Pedro Pagano Payne, Academic Assistant, Faculty of Law, University of Brasília

In April 2025, the highest chamber (Corte Especial) of the Brazilian Superior Court of Justice (STJ), under Justice Maria Isabel Gallotti as rapporteur, ruled on ‘Recognition of a Foreign Judgment’ (HDE) no. 7.091/EX. The case concerned the recognition of a United States ruling changing the last name of a Brazilian national who had acquired US nationality. The Plaintiff sought recognition of (i) his US naturalisation and (ii) a ruling of the Supreme Judicial Court of Suffolk County, Massachusetts, which changed his name from ‘Ariosto Mateus de Menezes’ to ‘Matthew Windsor’. Read more

Anti-Arbitration Injunction in Foreign-Seated Arbitrations: The Delhi High Court’s Controversial Intervention in Engineering Projects (India) Limited v. MSA Global LLC (Oman)

This post is posted on behalf of Arnav Sharma, Jindal Global Law School, Sonipat, India

Introduction

On 25th July 2025, a single judge bench of the Delhi High Court delivered a judgment in Engineering Projects (India) Limited v. MSA Global LLC (Oman) in CS (OS) 243 of 2025[1] that has stirred considerable discourse in international arbitration circles. The fundamental question at issue in the instant case was whether an Indian Court can grant an anti-arbitration injunction to stay proceedings in a foreign-seated arbitration on grounds of the proceedings turning oppressive and vexatious due to procedural impropriety, notwithstanding internationally well-settled principles of minimal judicial intervention, party autonomy, and lex arbitri that govern international commercial arbitration? The Delhi High Court answered in the affirmative, holding that Indian civil courts possess inherent power under Section 9 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) to intervene under exceptional circumstances where the arbitral process itself becomes a vehicle of abuse.

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Cross-Border Personal Data Transfers: The Remaining Issues Following the Indonesian Constitutional Court Decision

Written by Dr Priskila Pratita Penasthika, Assistant Professor, Faculty of Law, Universitas Indonesia

INTRODUCTION

The Indonesian Personal Data Protection Law, Law Number 27 of 2022 (Indonesian PDP Law), came into effect on 17 October 2022. Before its enactment, data protection rules in Indonesia were fragmented across different sector-specific laws and regulations. The Indonesian PDP Law aims to unify these laws and regulations, providing greater clarity and ensuring consistent personal data protection across all sectors in the country. The Indonesian PDP Law sets out normative provisions on personal data protection; however, detailed, practical rules have yet to be specified in the implementing regulations. As of now, the drafting of these implementing regulations is still underway. Read more

News

Out Now: Checa Martínez, Instituciones de estate planning y Derecho internacional privado patrimonial (Marcial Pons 2026)

Miguel Checa Martínez (Kinship Law) has kindly shared the following summary of his latest publication on ‘Instituciones de estate planning y Derecho internacional privado patrimonial’ with us.

https://www.marcialpons.es/media/img/portadas/2026/1/22/9791387913137.jpg

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First Issue of Lloyd’s Maritime and Commercial Law Quarterly for 2026

The first issue of the Lloyd’s Maritime and Commercial Law Quarterly for 2026 was recently published last month. It contains the following works on private international law:

Bulat Karimov, “Arrest of Associated Ships from a Common Law Perspective”

The Arrest Conventions 1952 and 1999 provide for the arrest of ships owned by the person who would be liable for the claim in personam. The widespread use of one-ship companies has effectively circumvented these provisions. It has allowed shipowners to limit or avoid their liability by distributing their fleet between one-ship companies. The only country that has introduced separate associated ship provisions is South Africa. Other countries do not follow this example and generally deal with one-ship companies through beneficial ownership and piercing the corporate veil. The article examines the law and practice of arresting associated ships in South Africa, the US , England, Singapore and Australia. Particular focus is paid to the impropriety criterion, which is part of piercing the corporate veil but is irrelevant to the South African approach. It is concluded that the primary function of impropriety is preventing overreaching, which means subversion of the idea of separate legal personality of a shipowning company. The “objective” and “reasonableness” approaches are suggested as a middle ground to the problem discussed.

Steven Gee, “Enforcement of Judgments against Wealth Structures: Receivers, Trusts, Insolvency Act 1986, S.243 and Mareva Injunctions”

This article considers remedies leading to compelling satisfaction of a judgment, from assets in a wealth structure used by a judgment debtor, or assets produced by them, or from persons who have received such assets. These include (1) enforcement by equitable execution, (2) enforcement disregarding “sham” or invalid trusts or through an undisclosed legal power, (3) the effect of the Model Form of Freezing Injunction, and (4) use of the Insolvency Act 1986, s.423 to unwind transactions prejudicing creditors, including when to attribute to others a debtor’s purpose to prejudice creditors. It considers the relevance of a person having legal or de facto control of assets to the availability of these remedies.

Adrian Briggs, “The Death of Henry v Geoprosco

Michal Hain, “Is a Foreign Judgment a Debt?”

Joseph Khaw, “Going Cherry Picking”

Paul MacMahon, “Pre-emptive Challenges to Recognition of Foreign Arbitral Awards”

Seminar on International Insolvency and 2026 Seminar Series on the Reform of the Brussels I bis Regulation (Universidad Autónoma de Madrid)

The Área de Derecho Internacional Privado of the Universidad Autónoma de Madrid (UAM) announces two initiatives of particular interest for scholars and practitioners of private international law.

1. Seminar: Nuevas perspectivas de la insolvencia internacional: reestructuraciones preconcursales y concursales

On Friday, 6 March 2026 (12:45), a seminar will be held at the Faculty of Law of UAM (Seminario II) in the framework of the research project “Nuevas perspectivas de la insolvencia internacional: reestructuraciones preconcursales y concursales” (PID 2022-140017OB100), coordinated by Professors Iván Heredia Cervantes and Elisa Torralba Mendiola. Read more