Tag Archives: International litigation

Supreme Court refuses to apply a special jurisdiction rule to the tort of inducing breach of a jurisdiction clause

The Supreme Court has refused to craft a special rule for the tort of inducing a breach of contract where the contractual term which has been breached is an exclusive jurisdiction clause. It held that, where proceedings were commenced in … Continue reading

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Filed under Jurisdiction, Tort

Another successful challenge to jurisdiction of English court to hear claims against English domiciled parent companies in relation to acts of subsidiaries abroad

The High Court has struck out a claim against a UK incorporated parent company and set aside permission to serve a claim form out of the jurisdiction on its Kenyan domiciled subsidiary: AAA & Ors v Unilever Plc & Anor … Continue reading

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Filed under Collective actions, Jurisdiction, Tort

Court of Appeal gives further guidance on how jurisdiction rules apply in economic tort claim

The Court of Appeal has held that the place of the event giving rise to damage in a claim alleging conspiracy to injure by unlawful means is where the conspiracy was hatched. As the claimant bank had far the better … Continue reading

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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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Filed under Collective actions, Jurisdiction, Tort

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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Filed under Jurisdiction

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

High Court decision highlights that service of proceedings in another EU member state must be carried out under the EU Service Regulation

A decision of the High Court has highlighted a trap for the unwary when serving proceedings in another EU member state: it is not sufficient to serve proceedings in a way that would be valid for service of proceedings begun … Continue reading

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Filed under Jurisdiction, Service

Upcoming webinar – Dispute resolution choices for finance parties: A practical look at recent developments affecting dispute resolution options

On Thursday 14 July (12.45 – 1.45pm BST), Adam Johnson, Nick Peacock and Vanessa Naish (chair) will deliver a webinar for Herbert Smith Freehills clients and contacts looking at dispute resolution choices for finance parties.  Finance parties are often inclined to revert … Continue reading

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Filed under Choice of law, Jurisdiction