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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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The Commercial Court has found that an arbitration clause in a consultancy agreement was superseded by an exclusive English jurisdiction clause in a later settlement agreement: Monde Petroleum SA v Westernzagros Limited [2015] EWHC 67 (Comm).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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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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High Court provides guidance on waiver of sovereign immunity

In a recent decision, the High Court considered the scope of sovereign immunity provided by section 1 of the State Immunity Act 1978 (the “1978 Act“): High Commissioner for Pakistan In the United Kingdom v National Westminster Bank [2015] EWHC 55 (Ch). … Continue reading

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Contracts with consumers – where can a business sue and be sued?

Where a business has directed its activities to an EU member state in which a consumer is domiciled, two consequences follow: (i) it can generally only sue the consumer in that member state; and (ii) the consumer can choose to … Continue reading

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Recast Brussels Regulation applies to proceedings commenced from today onwards

The recast Brussels Regulation introduces significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings commenced from today, 10 January 2015 (Regulation (EU) 1215/2012). The key practical implications for parties based both within and outside the … Continue reading

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New EU jurisdiction rules apply from 10 January: Do you know where you can sue and be sued?

New EU rules on jurisdiction and the enforcement of judgments will apply to proceedings commenced from 10 January 2015, in the form of the recast Brussels Regulation (Regulation (EU) 1215/2012). Though similar in most respects to the original version of … Continue reading

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Our new “Handy client guide to jurisdiction under recast Brussels Regulation: England and Wales”

In light of the upcoming changes to the EU rules governing jurisdiction and the enforcement of judgments, which will apply to proceedings commenced from 10 January 2015, we have published a new client guide to the English court’s jurisdiction under the … Continue reading

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