Litigation Notes

Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice

High Court finds mere recognition of foreign insolvency under Cross-Border Insolvency Regulations 2006 not sufficient to disapply "immovables rule"

Court of Appeal finds bankruptcy petition cannot be presented on basis of unrecognised foreign judgment

Court of Appeal grants UniCredit's request to discharge final anti-suit injunction in its favour in order to avoid Russian court-imposed penalty

Supply chain risk: Court of Appeal finds claims against Dyson relating to actions of Malaysian manufacturer should proceed in England

Court considers conflicting dispute resolution provisions in reinsurance contracts

Two recent decisions show the need to pay careful attention to dispute resolution clauses in market standard contracts.

Commercial Court declares arbitral tribunal lacks jurisdiction following bank's invocation of asymmetric option clause

This is a rare example of the English court considering a clause that provides for arbitration with a unilateral option to require disputes to be heard …

Hague 2005 Choice of Court Convention now applies to Switzerland

Jurisdiction clauses: High Court finds English courts have exclusive jurisdiction under bespoke ISDA clause

The decision illustrates the court's approach where there are questions as to the validity and interpretation of a jurisdiction clause.

High Court had no jurisdiction over claims under contracts containing English jurisdiction clauses as the defendants were not parties to those contracts as undisclosed principals

Court of Appeal clarifies restrictions on adding new claims to existing claim form despite arguable limitation defence

Supreme Court gives reasoned judgment upholding anti-suit injunction in support of foreign-seated arbitration

The decision in UniCredit v RusChemAlliance shows the court's strong support for arbitration agreements