Jurisdiction

Article published on unilateral jurisdiction clauses

A unilateral jurisdiction clause gives one party flexibility to choose where to bring proceedings, while requiring the counterparty to bring proceedings in a particular country's courts. In theory, being on the receiving end of a unilateral jurisdiction clause is a good thing. … Continue reading

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Article published on jurisdiction rules applying to claims against directors

A recent decision of the CJEU has considered a number of jurisdiction questions which have significant implications for claims against directors who are also employees of a company. Andrew Taggart, Anna Pertoldi and Donny Surtani have published an article which considers when the special employment jurisdiction rules … Continue reading

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Article published on Hague Choice of Court Convention

The Hague Convention on Choice of Court Agreements, which came into force on 1 October 2015, aims to uphold jurisdiction clauses and to make judgments obtained under those clauses easier to enforce. At the moment the Convention is of limited application, … Continue reading

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French Supreme Court upholds unilateral jurisdiction clause where the countries with jurisdiction could be objectively identified

In a recent decision, the French Supreme Court (Cour de Cassation) gave effect to a unilateral jurisdiction clause where it was possible to identify objectively which courts might have jurisdiction in the case of a dispute (Apple Sales International v … Continue reading

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CJEU rules directors who are employees must be sued in their EU domicile

In a recent decision, the Court of Justice of the EU held that directors who are also employees (within the meaning of EU case law) must be sued in the courts of the member state in which they are domiciled: … Continue reading

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Court of Appeal upholds order deferring to exclusive jurisdiction clause in favour of Monaco courts, despite risk of inconsistent judgments

The Court of Appeal has upheld an order declining English jurisdiction over a claim against a Monaco-domiciled defendant where there was an exclusive jurisdiction clause in favour of the Monaco courts: Jong v HSBC Private Bank (Monaco) SA [2015] EWCA … Continue reading

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Commercial Court orders foreign non-resident company officer to be examined under CPR 71 based on temporary presence in jurisdiction

The Commercial Court has refused to set aside an order under CPR 71 requiring a foreign non-resident director to attend court to provide information about the company's assets for the purpose of aiding enforcement of a judgment against the company: Deutsche Bank … Continue reading

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Commercial Court protects express choice of jurisdiction, finding no trespass on administrative acts of another member state

A recent decision of the Commercial Court is one of the first to consider the English court's jurisdiction under the recast Brussels Regulation (Council Regulation (EU) 1215/2012) which applies to proceedings commenced on or after 10 January 2015: Goldman Sachs … Continue reading

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Jurisdiction clause in derivatives contract interpreted as granting exclusive jurisdiction to English courts

The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts, despite the absence of the word "exclusive" in the clause in question: Global Maritime Investments Cyprus Limited v O.W. Supply & Trading A/S [2015] … Continue reading

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High Court considers interaction between recast Brussels Regulation, Insolvency Regulation and schemes of arrangement

A recent judgment of the High Court will serve to remind minority, overseas creditors of any company having a substantial connection with England that their debtor's liabilities could be compromised, restructured or reduced through a scheme of arrangement in England: … Continue reading

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