High Court grants declaration confirming exclusive jurisdiction of the English courts in order to assist Indian court to determine it did not have jurisdiction

The English High Court has granted limited declaratory relief confirming the exclusive jurisdiction of the English courts under the jurisdiction provisions of certain counter-guarantees provided to the claimant Afghan bank by the defendant Indian bank: Afghanistan International Bank v Yes Bank Ltd [2023] EWHC 3294 (Comm). The decision was made against the backdrop of proceedings … Read more

Digital assets: Law Commission consults on private international law issues and draft legislation recognising a third category of personal property rights

On 22 February 2024, the Law Commission published two documents relating to digital assets: (i) a call for evidence on private international law issues relating to digital assets and electronic trade documents; and (ii) a consultation on draft legislation to confirm the existence of a third category of personal property for assets such as crypto-tokens. … Read more

High Court refuses Norwich Pharmacal disclosure order in aid of foreign proceedings

In a significant recent decision, the High Court refused to grant a ‘Norwich Pharmacal’ disclosure order (NPO) on the grounds that the information was sought for the purpose of foreign proceedings, which is an impermissible use of such orders: Green v CT Group Holdings Limited [2023] EWHC 3168 (Comm). The NPO procedure enables a victim of wrongdoing … Read more

High Court grants anti-suit and anti-anti-suit injunctions to restrain Russian proceedings brought by sanctioned parties

The High Court has granted an anti-suit injunction (ASI) to restrain sanctioned counterparties from bringing Russian court proceedings, in breach of a London seated LCIA arbitration clause, in order to benefit from the Russian law which allows the Russian courts to take exclusive jurisdiction over cases involving sanctions. It also granted an anti-anti-suit injunction (AASI) … Read more

Supply chain risk: England not appropriate forum for ESG-related claims against Dyson relating to actions of Malaysian manufacturer

The High Court has declined to exercise jurisdiction over claims brought by migrant workers against English and Malaysian companies in the Dyson group regarding alleged abusive employment practices by one of Dyson’s suppliers in Malaysia: Limbu v Dyson Technology Ltd [2023] EWHC 2592 (KB). For some time, large multinational corporations have faced claims brought by … Read more

Law Society publishes report on global position of English and Welsh law

The Law Society of England and Wales has recently launched a new initiative to highlight the attractions of English law and of England and Wales as a leading international legal centre, with key benefits including an independent judiciary, reliable courts and predictable outcomes. Its International Data Insights Report 2023: Global Position of English Law is … Read more

Climate disputes – Parent company and supply chain risk

In recent decades, there has been a marked increase in the number of actions brought in the UK and elsewhere based on alleged environmental and human rights-based failings by large multinational corporations. As these claims have developed in the English courts, the typical model is for groups of foreign claimants to allege a UK-domiciled company … Read more