Jurisdiction

Court of Appeal decision confirms stay may be granted despite forum non conveniens waiver clause but precise basis uncertain

The Court of Appeal has upheld a decision of the Commercial Court refusing a stay of English proceedings where the contracts contained a non-exclusive English jurisdiction clause combined with a forum non conveniens (FNC) waiver clause: Standard Chartered Bank (Hong … Continue reading

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Singapore takes steps toward ratifying Hague Convention on Choice of Court Agreements

On 4 April 2016, Singapore tabled the Choice of Court Agreements Bill paving the way for ratification of the Hague Convention on Choice of Court Agreements. At the moment the Convention, which aims to uphold jurisdiction clauses and make judgments … Continue reading

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Privy Council finds implied jurisdiction agreement sufficient for enforcement of foreign judgment under common law

The Privy Council has held that a foreign default judgment can be enforced under the common law where a jurisdiction agreement in favour of that country can be implied or inferred. It is not necessary for there to be an … Continue reading

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Article published on unilateral jurisdiction clauses

A unilateral jurisdiction clause gives one party flexibility to choose where to bring proceedings, while requiring the counterparty to bring proceedings in a particular country's courts. In theory, being on the receiving end of a unilateral jurisdiction clause is a good thing. … Continue reading

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Article published on jurisdiction rules applying to claims against directors

A recent decision of the CJEU has considered a number of jurisdiction questions which have significant implications for claims against directors who are also employees of a company. Andrew Taggart, Anna Pertoldi and Donny Surtani have published an article which considers when the special employment jurisdiction rules … Continue reading

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Article published on Hague Choice of Court Convention

The Hague Convention on Choice of Court Agreements, which came into force on 1 October 2015, aims to uphold jurisdiction clauses and to make judgments obtained under those clauses easier to enforce. At the moment the Convention is of limited application, … Continue reading

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French Supreme Court upholds unilateral jurisdiction clause where the countries with jurisdiction could be objectively identified

In a recent decision, the French Supreme Court (Cour de Cassation) gave effect to a unilateral jurisdiction clause where it was possible to identify objectively which courts might have jurisdiction in the case of a dispute (Apple Sales International v … Continue reading

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CJEU rules directors who are employees must be sued in their EU domicile

In a recent decision, the Court of Justice of the EU held that directors who are also employees (within the meaning of EU case law) must be sued in the courts of the member state in which they are domiciled: … Continue reading

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Court of Appeal upholds order deferring to exclusive jurisdiction clause in favour of Monaco courts, despite risk of inconsistent judgments

The Court of Appeal has upheld an order declining English jurisdiction over a claim against a Monaco-domiciled defendant where there was an exclusive jurisdiction clause in favour of the Monaco courts: Jong v HSBC Private Bank (Monaco) SA [2015] EWCA … Continue reading

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Commercial Court orders foreign non-resident company officer to be examined under CPR 71 based on temporary presence in jurisdiction

The Commercial Court has refused to set aside an order under CPR 71 requiring a foreign non-resident director to attend court to provide information about the company's assets for the purpose of aiding enforcement of a judgment against the company: Deutsche Bank … Continue reading

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