Jurisdiction

High Court decision highlights that service of proceedings in another EU member state must be carried out under the EU Service Regulation

A decision of the High Court has highlighted a trap for the unwary when serving proceedings in another EU member state: it is not sufficient to serve proceedings in a way that would be valid for service of proceedings begun … Continue reading

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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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Filed under Choice of law, Jurisdiction

Commercial Court decision suggests “torpedo” actions may not be effective where parties have agreed unilateral jurisdiction clause

The recast Brussels Regulation, which applies to proceedings commenced since 10 January 2015, contains various improvements over the previous version. These include provisions aimed at defusing so-called "torpedo" actions by which a party could seek to delay proceedings in the … Continue reading

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Filed under Contract, Jurisdiction

High Court allows group claim to proceed against UK-domiciled parent company in relation to acts of subsidiary company abroad

The High Court has rejected jurisdiction challenges by a UK-domiciled company and its Zambian-domiciled subsidiary, allowing a group claim brought by 1,826 Zambian villagers in respect of alleged environmental pollution in Zambia to proceed against both companies: Lungowe & others … Continue reading

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Filed under Jurisdiction, Tort

Court of Appeal decision confirms stay may be granted despite forum non conveniens waiver clause but precise basis uncertain

The Court of Appeal has upheld a decision of the Commercial Court refusing a stay of English proceedings where the contracts contained a non-exclusive English jurisdiction clause combined with a forum non conveniens (FNC) waiver clause: Standard Chartered Bank (Hong … Continue reading

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Singapore takes steps toward ratifying Hague Convention on Choice of Court Agreements

On 4 April 2016, Singapore tabled the Choice of Court Agreements Bill paving the way for ratification of the Hague Convention on Choice of Court Agreements. At the moment the Convention, which aims to uphold jurisdiction clauses and make judgments … Continue reading

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Filed under Enforcement, Jurisdiction

Privy Council finds implied jurisdiction agreement sufficient for enforcement of foreign judgment under common law

The Privy Council has held that a foreign default judgment can be enforced under the common law where a jurisdiction agreement in favour of that country can be implied or inferred. It is not necessary for there to be an … Continue reading

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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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Filed under Announcements, Contract, Jurisdiction

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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Filed under Announcements, Jurisdiction

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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Filed under Announcements, Jurisdiction