European Commission’s Notice to Stakeholders confirms its view Hague Choice of Court Convention will apply to exclusive English jurisdiction clauses only if they are entered into after Brexit transition period ends

On 27 August 2020, the European Commission published a Notice to Stakeholders setting out the rules that, in the Commission’s view, will apply in the field of civil justice and private international law once the Brexit transition period comes to an end on 31 December 2020 – assuming no other agreement is reached. At that … Read more

High Court holds claim against anchor defendant must satisfy merits test if it is to be used to establish jurisdiction against co-defendants under recast Brussels Regulation

The High Court has held that the English court will only have jurisdiction against a co-defendant under article 8(1) of the recast Brussels Regulation where a merits test against the anchor defendant has been satisfied: Senior Taxi Aereo Executivo Ltda v Agusta Westland S.p.A [2020] EWHC 1348 (Comm). In doing so, it largely followed obiter … Read more

Russian courts to have exclusive jurisdiction over sanctioned persons

On 19 June 2020, a new Russian federal law will come into force which provides for the Russian state arbitrazh (commercial) courts to have exclusive jurisdiction over disputes involving Russian sanctioned individuals and entities as well as foreign entities controlled by them. Even if the parties have agreed to the jurisdiction of a foreign court … Read more

Video published – Brexit: choosing a jurisdiction clause during the transition period

Anna Pertoldi has published a video for Practical Law in which she discusses the issues to consider when choosing a jurisdiction clause during the Brexit transition period. The video considers the advantages and disadvantages of exclusive, asymmetric and non-exclusive jurisdiction clauses during the transition period, as well as other possible clauses and the key points … Read more