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The Commercial Court has found that an arbitration clause in a consultancy agreement was superseded by an exclusive English jurisdiction clause in a later settlement agreement: Monde Petroleum SA v Westernzagros Limited [2015] EWHC 67 (Comm).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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Filed under Contract, Jurisdiction

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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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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Filed under Jurisdiction, Miscellaneous

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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Filed under Enforcement, Jurisdiction

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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Upcoming webinar – The recast Brussels Regulation: what it means for commercial parties

The EU rules governing jurisdiction and enforcement of judgments will change significantly from 10 January 2015, when the recast Brussels Regulation (No 1215/2012) will apply in place of the current regime.  On Wednesday 19 November, at 12.45 – 1.45pm GMT, … Continue reading

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US appeals court limits extra-territorial application of anti-fraud provisions of US securities laws

A recent decision of the US Court of Appeals for the Second Circuit has refused to impose liability under § 10(b) of the Securities Exchange Act of 1934 on foreign (non-US) defendants for losses incurred by the plaintiffs in securities-based … Continue reading

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