Jurisdiction

Hague Convention on Choice of Court Agreements will apply to Singapore from 1 October 2016

The Convention aims to increase the effectiveness of jurisdiction clauses and make judgments obtained under those clauses easier to enforce. Currently the Convention applies only as between Mexico and the EU member states (other than Denmark), so the addition of … Continue reading

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Commercial Court finds it did not have jurisdiction to permit service of an application for Norwich Pharmacal relief out of the jurisdiction

In a recent decision, the Commercial Court found that it did not have jurisdiction to permit service out of the jurisdiction in respect of an application for Norwich Pharmacal relief, ie an application requiring a third party who had been … Continue reading

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Filed under Disclosure, Jurisdiction

Article published on when jurisdiction clause in prospectus will bind secondary purchaser of securities

The CJEU decision in Profit Investment Sim SpA v Ossi (C-366/13, 20 April 2016) provides guidance on when a secondary market purchaser of securities will be bound by an exclusive jurisdiction clause in the relevant prospectus. However, as the decision means that … Continue reading

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Court of Appeal considers jurisdiction test in tort claims against employees under Brussels regime

The Court of Appeal has held that claims in conspiracy against former employees did not come within the employment jurisdiction provisions in the Lugano convention (which require an employer to sue an employee in his or her domicile in matters … Continue reading

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Article published on recent CJEU decision which increases predictability of jurisdiction in tort cases

Under EU rules, a tort claim may be brought in the courts of the member state where the harmful event occurred, as an alternative to suing in the courts of the defendant's domicile. The reference to "where the harmful event … Continue reading

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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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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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