Litigation Notes
Tag: international litigation
Showing 120 out of 205 results
Court of Appeal decision confirms stay may be granted despite forum non conveniens waiver clause but precise basis uncertain
The Court of Appeal has upheld a decision of the Commercial Court refusing a stay of English proceedings where the contracts contained a non-exclusive …
Our new global cross-border M&A report: litigation risk likely to increase
Litigation risk is a mounting problem for businesses pursuing cross-border M&A, with almost three-quarters of companies questioned for Herbert Smith …
Singapore takes steps toward ratifying Hague Convention on Choice of Court Agreements
On 4 April 2016, Singapore tabled the Choice of Court Agreements Bill paving the way for ratification of the Hague Convention on Choice of Court …
Privy Council finds implied jurisdiction agreement sufficient for enforcement of foreign judgment under common law
The Privy Council has held that a foreign default judgment can be enforced under the common law where a jurisdiction agreement in favour of that country …
Commercial Court considers when a contract is "manifestly more closely connected" with another country for the purpose of determining applicable law
The Commercial Court has considered the meaning of "manifestly more closely connected" with another country in Article 4 of the Rome I Regulation ((EC) …
Article published on jurisdiction rules applying to claims against directors
A recent decision of the CJEU has considered a number of jurisdiction questions which have significant implications for claims against …
Article published on Hague Choice of Court Convention
The Hague Convention on Choice of Court Agreements, which came into force on 1 October 2015, aims to uphold jurisdiction clauses and to make judgments …
French Supreme Court upholds unilateral jurisdiction clause where the countries with jurisdiction could be objectively identified
In a recent decision, the French Supreme Court (Cour de Cassation) gave effect to a unilateral jurisdiction clause where it was possible to identify …
CJEU rules directors who are employees must be sued in their EU domicile
In a recent decision, the Court of Justice of the EU held that directors who are also employees (within the meaning of EU case law) must be sued in the …
Court of Appeal upholds order deferring to exclusive jurisdiction clause in favour of Monaco courts, despite risk of inconsistent judgments
The Court of Appeal has upheld an order declining English jurisdiction over a claim against a Monaco-domiciled defendant where there was an exclusive …
Commercial Court orders foreign non-resident company officer to be examined under CPR 71 based on temporary presence in jurisdiction
The Commercial Court has refused to set aside an order under CPR 71 requiring a foreign non-resident director to attend court to provide information …
Commercial Court protects express choice of jurisdiction, finding no trespass on administrative acts of another member state
A recent decision of the Commercial Court is one of the first to consider the English court's jurisdiction under the recast Brussels Regulation (Council …
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