Tag: jurisdiction
Showing 57 out of 57 results
High Court finds SFO can compel production of documents held by foreign company outside the jurisdiction
In a recent decision in the context of a judicial review, the High Court held that the SFO was able to compel a foreign company to produce documents …
Court of Appeal finds ISDA jurisdiction clause trumps 'theoretically competing' clause in separate agreement governing wider relationship
Consistent with recent authority, the Court of Appeal has given primacy to an English jurisdiction clause in an ISDA Master Agreement (overturning the …
High Court holds ISDA jurisdiction clause trumps competing jurisdiction clause in separate but related agreement
The decision of the High Court in BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2018] EWHC 1670 (Comm) confirms that an express …
Supreme Court confirms that the situs of a debt due under a letter of credit is the location of the issuer
Jurisdiction clause in derivatives contract interpreted as granting exclusive jurisdiction to English courts
The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts, despite the absence of the word …
Goldman Sachs & Ors v Novo Banco: Commercial Court considers Recast Brussels Regulation
The recent decision of the Commercial Court in Goldman Sachs International and Others v Novo Banco S.A.[2015] EWHC 2371 (Comm) is one of the …
Reforms to Brussels Regulation now finalised
On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and …
Unilateral jurisdiction clauses may not always be effective
It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will …
UK Supreme Court refuses to enforce US judgment made in insolvency proceedings against English resident defendants
In Rubin v Eurofinance SA [2012] UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal’s unanimous decision and …