Tag Archives: International litigation

PRC signs up to Hague Convention on Choice of Court Agreements

On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements. The Convention provides greater certainty in cross-border litigation by increasing the effectiveness of exclusive jurisdiction clauses. In essence, it provides that courts of … Continue reading

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Recast European Insolvency Regulation introduces new jurisdiction rules for insolvency-related claims

As a result of the Recast European Insolvency Regulation (“REIR”), which applies to insolvency proceedings commenced since 26 June this year, insolvency practitioners in EU Member States have been given more freedom to commence insolvency-related claims in jurisdictions other than … Continue reading

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Filed under Jurisdiction, Miscellaneous

Court of Appeal considers that merits of claim against anchor defendant are relevant in establishing jurisdiction under Brussels Regulation against co-defendants domiciled in member states

In a recent decision, a majority in the Court of Appeal held, obiter, that the courts should consider the merits of a claim against an “anchor defendant” when exercising their ancillary jurisdiction under Article 6(1) of the Brussels Regulation 44/2001 … Continue reading

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

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 … Continue reading

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Filed under Choice of law, Enforcement, Judgments/Orders

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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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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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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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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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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