Choice of law

Court of Appeal clarifies that “mandatory rules” do not override chosen law in contracts with an international element

In two recent decisions, the Court of Appeal has clarified that Article 3(3) of the Rome Convention does not apply to override the chosen law where there is an international element to the contract. In both cases, defendants seeking to … Continue reading

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UK clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

On Tuesday 22 August, the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should continue to apply as between the UK and … Continue reading

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India related commercial contracts: dispute resolution and governing law clauses

Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related commercial contracts. The Guide is intended to assist in-house counsel who handle India-related commercial contracts on behalf of non-Indian … Continue reading

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CJEU limits situations in which insolvency laws relating to transaction avoidance may override Parties’ contractual choice of law

In a recent judgment, the Court of Justice of the European Union (CJEU) confirmed the extent to which an English law governed contract can be subject to the transaction avoidance provisions of the insolvency law of other another member state … Continue reading

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EU clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

Yesterday (29 June) the European Commission published its Position Paper on Judicial Cooperation in Civil and Commercial Matters which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should … Continue reading

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High Court applies narrow interpretation of “client” for purposes of legal advice privilege

In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews conducted by a bank's solicitors with its employees were not covered by legal advice … Continue reading

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Upcoming webinar – International Litigation Update

On Tuesday 18 October (12noon – 1.00pm UK time) we will present the first in a new series of webinars for Herbert Smith Freehills clients and contacts, focussing on the issues that arise in litigating cross border disputes. In this webinar: Larry … Continue reading

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Filed under Announcements, Choice of law, Disclosure, Enforcement, Jurisdiction

Upcoming webinar – Dispute resolution choices for finance parties: A practical look at recent developments affecting dispute resolution options

On Thursday 14 July (12.45 – 1.45pm BST), Adam Johnson, Nick Peacock and Vanessa Naish (chair) will deliver a webinar for Herbert Smith Freehills clients and contacts looking at dispute resolution choices for finance parties.  Finance parties are often inclined to revert … Continue reading

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Commercial Court considers when a contract is “manifestly more closely connected” with another country for the purpose of determining applicable law

The Commercial Court has considered the meaning of "manifestly more closely connected" with another country in Article 4 of the Rome I Regulation ((EC) No 593/2008), holding that this escape clause only applies if the cumulative weight of the factors … Continue reading

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Choice of English law / jurisdiction will not always mean a dispute will be heard in England and English law applied

Two recent Court of Appeal decisions are a reminder that an exclusive English jurisdiction clause and choice of English law clause will not always ensure that any disputes are heard in England and that English law is applied. In the … Continue reading

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