Category: Choice of law

Upcoming webinar – Cross Border Litigation Update

20 February, 2019

On Wednesday 27 February 2019 (1.00 - 2.00pm GMT), Anna Pertoldi and Gary Milner-Moore will deliver the latest in our series of webinars for Herbert Smith Freehills clients and contacts spotlighting legal and practical issues relevant to litigating cross-border disputes. This webinar will examine a… Read more

Article published – No-deal Brexit and disputes: what do parties need to know?

22 January, 2019

If the UK leaves the EU without a deal on 29 March, what impact will that have on court proceedings? Different questions arise depending on the stage reached in the disputes process. Anna Pertoldi has published a post on Practical Law’s… Read more

Brexit, deal or no deal: a litigator’s perspective

29 November, 2018

Over the past couple of weeks, the government has published the final text of the draft Withdrawal Agreement setting out the arrangements for the UK’s withdrawal from the EU on 29 March 2019 and the draft Political Declaration on the future relationship between the… Read more

Court will ordinarily apply English law in absence of evidence of relevant foreign law, unless defendant shows it would be inappropriate to do so

12 November, 2018

The High Court has held that where a claim was, in principle, governed by foreign law, but the claimant had not pleaded or proved the content of that law, the court would apply English law to the claim. The claimant… Read more

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

13 September, 2018

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… Read more

New podcast – English governing law and jurisdiction clauses after Brexit

4 September, 2018

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… Read more

Brexit White Paper reiterates aims for civil judicial cooperation

12 July, 2018

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… Read more

UK publishes framework for UK-EU partnership on civil judicial cooperation

14 June, 2018

On 13 June, the UK government published a presentation setting out its proposals for continued judicial cooperation once the UK leaves the EU. The presentation is part of a series produced by the UK negotiating team for discussion with the… Read more

Dispute resolution clauses: Putting yourself in the best position

26 April, 2018

All too often, dispute resolution clauses may be treated as part of the boilerplate: the usual wording thrown in, with perhaps little thought for the particular circumstances. But the question of how a dispute will be resolved – whether by… Read more

Choice of law, jurisdiction and enforcement of judgments post-Brexit: No surprises in EU’s draft withdrawal agreement

6 March, 2018

So far as choice of law, jurisdiction and enforcement of judgments are concerned, the EU's draft withdrawal agreement, published last week, is largely consistent with its previously declared negotiating position, as set out in its June 2017 position paper outlined… Read more

Cross-Border Litigation – international perspectives

8 November, 2017

We are pleased to publish the second issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm's leading commercial litigators across the globe, the… Read more

Court of Appeal clarifies that “mandatory rules” do not override chosen law in contracts with an international element

25 August, 2017

In two recent decisions, the Court of Appeal has clarified that Article 3(3) of the Rome Convention does not apply to override the chosen law where there is an international element to the contract. In both cases, defendants seeking to… Read more

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

24 August, 2017

On Tuesday 22 August, the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should continue to apply as between the UK and… Read more

India related commercial contracts: dispute resolution and governing law clauses

17 August, 2017

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… Read more

CJEU limits situations in which insolvency laws relating to transaction avoidance may override Parties’ contractual choice of law

14 July, 2017

In a recent judgment, the Court of Justice of the European Union (CJEU) confirmed the extent to which an English law governed contract can be subject to the transaction avoidance provisions of the insolvency law of other another member state… Read more

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

30 June, 2017

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… Read more

High Court applies narrow interpretation of “client” for purposes of legal advice privilege

8 December, 2016

In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews conducted by a bank's solicitors with its employees were not covered by legal advice… Read more

Upcoming webinar – International Litigation Update

12 October, 2016

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… Read more

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

8 July, 2016

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… Read more

Commercial Court considers when a contract is “manifestly more closely connected” with another country for the purpose of determining applicable law

26 January, 2016

The Commercial Court has considered the meaning of "manifestly more closely connected" with another country in Article 4 of the Rome I Regulation ((EC) No 593/2008), holding that this escape clause only applies if the cumulative weight of the factors… Read more

Choice of English law / jurisdiction will not always mean a dispute will be heard in England and English law applied

11 March, 2015

Two recent Court of Appeal decisions are a reminder that an exclusive English jurisdiction clause and choice of English law clause will not always ensure that any disputes are heard in England and that English law is applied. In the… Read more

High Court applies English law to questions of privilege in applications under Insolvency Act 1986

28 August, 2013

In the context of joint liquidators' applications for documents "belonging to" the company or "relating to" its affairs (under sections 324 and 326 of the Insolvency Act 1986), the High Court confirmed that English law applied to determine whether documents could… Read more

Herbert Smith publishes briefing on Eurozone crisis

12 June, 2012

On Wednesday 30 May 2012, Herbert Smith hosted a webinar focussing on some of the legal implications of the escalating Eurozone crisis, including the prospect of a Greek departure from the currency union (the Eurozone) and the remedies available for… Read more

Eurozone crisis: economic challenges and legal risks

10 January, 2012

On 14 December 2011, Herbert Smith hosted a seminar to discuss the economic challenges and legal risks arising from the eurozone crisis, including practical issues that companies might consider taking to mitigate these risks. Presentations were given by Bill Robinson,… Read more

Webinar alert – Dispute resolution clauses: how to avoid pitfalls

9 November, 2011

On Wednesday 23 November Adam Johnson and Pamela Kiesselbach will deliver a live audio webinar exploring a number of practical issues to consider when drafting dispute resolution clauses (12:45 to 1:45 UK time). The webinar will provide an update on recent case… Read more

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