Jurisdiction

Commercial Court finds “torpedo” action ineffective where parties agreed asymmetric jurisdiction clause

The Commercial Court has held that an asymmetric jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast Brussels Regulation. The English court was therefore entitled to continue with its proceedings where it was the chosen court … Continue reading

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Filed under Contract, Jurisdiction

Successful challenge to English court jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad

Two companies in the Shell group (domiciled in the UK and Nigeria respectively) have successfully challenged the jurisdiction of the English court to hear claims against them relating to alleged pollution in the Niger Delta in Nigeria: Okpabi and others … Continue reading

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Turkish Court of Appeal takes restrictive view of English jurisdiction clause

A decision of the Turkish Court of Appeal has important implications for parties to agreements with a Turkish element (such as a Turkish counterparty or place of performance in Turkey) who wish their disputes to be litigated in the English courts … Continue reading

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Court of Appeal considers where harmful event occurred for the purpose of jurisdiction in economic tort claim

In a claim alleging conspiracy and unlawful interference in the claimant's business by cutting off supplies, the Court of Appeal has held that the harmful event occurred where the goods should have been delivered to packaging agents. As this was … Continue reading

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Court of Appeal upholds summary judgment for breach of jurisdiction clauses

The Court of Appeal has rejected a jurisdiction challenge and upheld the grant of summary judgment in proceedings claiming damages for the commencement of Italian proceedings in breach of exclusive English jurisdiction clauses: Barclays Bank Plc v Ente Nazionale di … Continue reading

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Upcoming webinar – International Litigation Update

On Tuesday 18 October (12noon – 1.00pm UK time) we will present the first in a new series of webinars for Herbert Smith Freehills clients and contacts, focussing on the issues that arise in litigating cross border disputes. In this webinar: Larry … Continue reading

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Filed under Announcements, Choice of law, Disclosure, Enforcement, 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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