Tag Archives: International litigation

India related commercial contracts: dispute resolution and governing law clauses

Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related commercial contracts. The Guide is intended to assist in-house counsel who handle India-related commercial contracts on behalf of non-Indian … Continue reading

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Filed under Announcements, Choice of law, Jurisdiction

EU clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

Yesterday (29 June) the European Commission published its Position Paper on Judicial Cooperation in Civil and Commercial Matters which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should … Continue reading

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Filed under Choice of law, Enforcement, Jurisdiction

Upcoming webinar – Cross-Border Litigation Update

On Thursday 29 June (1.00 – 2.00pm UK time) we will present the second in our series of webinars for Herbert Smith Freehills clients and contacts spotlighting legal and practical issues relevant to litigating cross-border disputes. In this webinar: Thomas Riley, … Continue reading

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Filed under Announcements, Jurisdiction

US Supreme Court finds that Hague Service Convention does not prohibit service of process by mail in US lawsuits

In Water Splash, Inc v Menon, the US Supreme Court examined the question of whether the Hague Service Convention prohibits service of process by mail on non-US parties sued in US cases. The US Supreme Court unanimously found that service … Continue reading

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Filed under Service

Cross-border litigation – international perspectives

Herbert Smith Freehills has published the first issue of a new periodic publication "Cross-Border Litigation", designed to highlight legal and practical issues specific to litigation with an international aspect. The publication will tap into the expertise of the firm's leading commercial … Continue reading

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Filed under Announcements

Article published – Choice of law and jurisdiction post-Brexit: business as usual so far?

Recent reports from Parliament have identified the problems and risks that could arise post-Brexit if the current rules on choice of law and jurisdiction no longer apply, and there are no acceptable replacements negotiated. But are clients turning away from English choice of law … Continue reading

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Filed under Announcements, Jurisdiction

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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Filed under Jurisdiction, Tort

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