Jurisdiction

Transitory Movement of Funds through New York Banks No Guarantee of Jurisdiction

In a case of interest to foreign parties that routinely use New York’s banking system to facilitate dollar transactions, the New York Court of Appeals has reversed a decision by the Appellate Division that would have foreclosed forum non conveniens … Continue reading

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High Court finds proceedings can be served at English address registered by overseas director under Companies Act 2006

In what appears to be the first case interpreting section 1140 of the Companies Act 2006, a High Court Master has found that service on a director’s English registered address was good service of proceedings, regardless of whether the director … Continue reading

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US Supreme Court rejects jurisdiction over foreign corporation based on its subsidiary’s contacts with the forum

For the first time ever, the United States Supreme Court has addressed whether a foreign corporation may be subjected to a court’s general jurisdiction based on its subsidiary’s contacts with the forum state: Daimler AG v. Bauman, No. 11-965, 2014 WL … Continue reading

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Cartel follow-on damages claim did not come within jurisdiction clause

The Court of Appeal has held that a claim for losses caused by an Italian cartel did not come within a jurisdiction clause giving non-exclusive jurisdiction to the English courts: Ryanair Ltd v Esso Italiana Srl [2013] EWCA 1450. The … Continue reading

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Supreme Court interprets Articles 27 and 28 of Brussels Regulation, but many issues still require clarification from CJEU

The Supreme Court has refused to stay English proceedings under Article 28 where a related action was commenced in Greece seeking to reopen issues litigated and settled in earlier English proceedings. The court also concluded that a stay was not … Continue reading

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Exclusive jurisdiction clause won’t necessarily prevent grant of stay where there are related proceedings, but makes it very unlikely

The Commercial Court has held that the existence of an exclusive jurisdiction clause in favour of the English court does not, when there are proceedings already underway in another EU member state, mean the two sets of proceedings cannot be … Continue reading

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Jurisdiction clause in bank’s terms interpreted as granting exclusive jurisdiction to English courts in claims by hedge fund

The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts in respect of claims made by a hedge fund. It therefore granted an anti-suit injunction restraining proceedings commenced in New York: BNP Paribas SA … Continue reading

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Contract may be made in more than one country for purposes of establishing jurisdiction

The High Court has held that a claimant had a good arguable case that a contract was made in both England and Texas and that this was sufficient to come within the relevant gateway for seeking permission to serve out … Continue reading

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High court decision on where subsidiary domiciled under Brussels Regulation

The place of central administration of a subsidiary will not be where the parent administers its own business unless the parent is, unusually, administering business on behalf of the subsidiary: Vava and others v Anglo American South Africa Limited [2013] EWHC … Continue reading

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UK Supreme Court clarifies when retrospective alternative service out of the jurisdiction is permitted

The Supreme Court has considered when an order can be made retrospectively declaring that steps taken to bring a claim form to the attention of a defendant outside of the jurisdiction amount to good service: Abela and others v Baadarani … Continue reading

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