Jurisdiction

French Supreme Court refuses to apply a unilateral jurisdiction clause

In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction clause requires one party to bring proceedings in one jurisdiction only, while the other may choose to … Continue reading

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Court of Appeal considers conflicting jurisdiction clauses in insurance service agreements

In the recent case of Trust Risk Group SPA v AmTrust Europe Ltd [2015] EWCA Civ 437 the Court of Appeal held that there was a good arguable case that the jurisdiction clause in an earlier contract gave the English … Continue reading

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Filed under Contract, Jurisdiction

Article published on risk of parallel prospectus liability claims in different EU jurisdictions

Issuers of listed securities will be conscious of their exposure to prospectus liability claims in the UK and elsewhere in the EU. The prospect of facing parallel claims from investors in multiple jurisdictions has arguably been increased by the recent … Continue reading

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Supreme Court takes restrictive approach to the opening of secondary proceedings in England under EC Insolvency Regulation

The Supreme Court has held that, in order to open secondary proceedings in England under EC Regulation 1346/2000 on Insolvency Proceedings, the company’s “establishment” within the jurisdiction must be a fixed place of business that is involved in a business … Continue reading

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Dangers of filing further acknowledgement of service when appealing jurisdiction judgment

The Court of Appeal has held that filing a further acknowledgement of service following an unsuccessful jurisdiction challenge amounts to submission to the English jurisdiction. This is so even if the defendant is appealing against the jurisdiction judgment: Deutsche Bank … Continue reading

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Filed under Interim applications, Jurisdiction

Commercial Court stays claim against guarantors pending arbitration relating to underlying debts

The Commercial Court has granted a stay of proceedings against guarantors, despite the guarantees containing an exclusive jurisdiction clause in favour of the English court, pending the resolution of related arbitration proceedings regarding the debts underlying those guarantees: Stemcor UK Ltd v Global Steel … 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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Filed under Choice of law, Jurisdiction

Inconsistent dispute resolution clauses – Commercial Court emphasises presumption of “one-stop adjudication”

The Commercial Court has found that an arbitration clause in a consultancy agreement was superseded by an exclusive English jurisdiction clause in a later settlement agreement: Monde Petroleum SA v Westernzagros Limited [2015] EWHC 67 (Comm). The court emphasised the presumption … Continue reading

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Article published on changes to jurisdiction rules under recast Brussels Regulation

The recast Brussels Regulation has introduced significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings commenced from 10 January 2015. Adam Johnson, Anna Pertoldi, Nick Peacock and Hannah Ambrose have published an article in PLC … Continue reading

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Filed under Announcements, Jurisdiction

When can the court stay proceedings against an English domiciled defendant in favour of proceedings in a non-EU court?

The High Court has held that it had power to stay proceedings against an English domiciled defendant in favour of the courts of Western Australia, as the dispute came within an exclusive jurisdiction clause in favour of those courts: Plaza … Continue reading

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