Tag Archives: International litigation

Brexit “no deal” notice on jurisdiction and enforcement of judgments

As part of its second batch of “no deal” technical notices, the government has today published a guidance notice entitled: Handling civil legal cases that involve EU countries if there’s no Brexit deal. The notice contains little that was not … Continue reading

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Filed under Choice of law, Jurisdiction

New podcast – English governing law and jurisdiction clauses after Brexit

On the new Herbert Smith Freehills Podcast channel, Anna Pertoldi, Maura McIntosh and Tom Henderson discuss what businesses need to know about the impact of Brexit on their continued use of English governing law clauses and English jurisdiction clauses in their … Continue reading

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Court of Appeal finds ISDA jurisdiction clause trumps ‘theoretically competing’ clause in separate agreement governing wider relationship

Consistent with recent authority, the Court of Appeal has given primacy to an English jurisdiction clause in an ISDA Master Agreement (overturning the first instance decision that had declined to do so), in circumstances where there was a “theoretically competing” … Continue reading

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Court of Appeal re-opens gateway for service of claims against foreign parties in respect of transactions defrauding creditors

Disagreeing with the High Court, the Court of Appeal has ruled that a claim by a creditor under section 423 of the Insolvency Act 1986 falls within the jurisdictional gateway permitting service out of the jurisdiction at common law for … Continue reading

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Court of Appeal gives wide interpretation to common law gateways for service out of the jurisdiction

The Court of Appeal has given a wide interpretation to the interaction between the “necessary or proper party” gateway and the relatively new gateway permitting claims against the same defendant arising out of the same or closely connected facts (gateway … Continue reading

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Filed under Jurisdiction, Service

High Court holds ISDA jurisdiction clause trumps competing jurisdiction clause in separate but related agreement

In a recent decision, the High Court found that the jurisdiction clause in a 1992 ISDA Master Agreement was effective over a ‘competing’ jurisdiction clause in a separate but related agreement between the same parties. This was despite a provision … Continue reading

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Brexit White Paper reiterates aims for civil judicial cooperation

The UK government has today published its White Paper detailing its proposal for the future relationship between the UK and the EU. The short section on civil judicial cooperation echoes the aims set out in the government’s Framework for the … Continue reading

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Filed under Choice of law, Enforcement, Jurisdiction

Holding company liability for acts of a subsidiary: Court of Appeal finds English court lacks jurisdiction on basis no duty of care owed

In the latest in a line of jurisdiction rulings in cases of so-called “class action tourism”, the Court of Appeal has held that the English court does not have jurisdiction to hear tortious claims against two companies in the Unilever … Continue reading

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Filed under Class actions, Jurisdiction, Tort

Anti-suit injunction refused for EU proceedings but granted for non-EU proceedings

In a recent decision, the High Court refused to grant an anti-suit injunction to restrain Cypriot court proceedings brought in breach of an arbitration clause, but granted an injunction in respect of Russian proceedings: Nori Holdings Limited et al v PJSC Bank Okritie … Continue reading

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Agreement reached in principle on Brexit transitional provisions for jurisdiction and enforcement of judgments

On 19 June, the UK and EU negotiators published a joint statement outlining the progress made on the draft Withdrawal Agreement since it was last published in March 2018. The joint statement confirms that agreement has been reached in principle … Continue reading

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Filed under Enforcement, Jurisdiction