Tag Archives: Jurisdiction
Dispute resolution clauses: Putting yourself in the best position
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 … Continue reading
Filed under ADR, Choice of law, Contract, Jurisdiction
Supreme Court holds English court has jurisdiction over tort claim where conspiracy hatched in England
The Supreme Court has held that the place of the event giving rise to damage in a claim alleging the tort of conspiracy to injure by unlawful means is where the conspiratorial agreement was made. As that was England, the … Continue reading
Filed under Jurisdiction, Tort
Court of Appeal confirms English Court lacks jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad
The Court of Appeal has held that the English court does not have jurisdiction to hear claims against two companies in the Shell group (domiciled in the UK and Nigeria respectively) relating to alleged pollution in the Niger Delta in … Continue reading
Filed under Collective actions, Jurisdiction, Tort
Supreme Court considers that there is no requirement of direct damage in England for permission to serve tort claim outside the jurisdiction at common law
The Supreme Court has found, by a majority and in obiter comments, that direct damage in the jurisdiction is not required to come within the tort jurisdictional gateway in the CPR, disagreeing with the Court of Appeal: Lady Christine Brownlie … Continue reading
Filed under Jurisdiction, Service, Tort
Supreme Court confirms that the situs of a debt due under a letter of credit is the location of the issuer
In a departure from previous authority, the Supreme Court has confirmed that the situs of a debt created by a letter of credit is the place of residence of the issuing bank: Taurus Petroleum Limited v State Oil Marketing Company … Continue reading
Filed under Jurisdiction
Article published – Don’t forget: the Recast Brussels Regulation can apply to non-EU defendants
It is easy to fall into the trap of thinking that the Brussels jurisdiction regime applies to EU domiciled defendants and the common law rules apply to everyone else, so that you need the court’s permission to serve proceedings on … Continue reading
Filed under Announcements, Jurisdiction
Court of Appeal clarifies approach to exclusive jurisdiction provisions of Brussels regime relating to validity of corporate decisions
The Court of Appeal has held that the English courts had exclusive jurisdiction to hear a claim brought by an English subsidiary company against Turkish domiciled defendants including its parent company: Koza Ltd & Anor v Akcil & Ors [2017] … Continue reading
Filed under Jurisdiction
Cross-Border Litigation – international perspectives
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 … Continue reading
Filed under Choice of law, Courts, Disclosure, Enforcement, Fraud, Jurisdiction
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
Filed under Jurisdiction
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
Filed under Jurisdiction, Miscellaneous