Litigation Notes
Tag: international litigation
Showing 132 out of 205 results
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 …
High Court considers interaction between recast Brussels Regulation, Insolvency Regulation and schemes of arrangement
A recent judgment of the High Court will serve to remind minority, overseas creditors of any company having a substantial connection with England that …
New "gateways" for serving proceedings on defendants out of the jurisdiction at common law
The circumstances in which English proceedings can be served on non-EU domiciled defendants who have no presence in England and Wales will be expanded …
Court of Appeal grants anti-suit injunction restraining US proceedings brought against employee by US parent company under exclusive US jurisdiction agreement
The Court of Appeal has given a wide interpretation to the meaning of 'employer' in the recast Brussels Regulation (No 1215/2012), holding that a company …
A company can be sued in the claimant's domicile where there is a direct claim also against the liability insurer
The Court of Appeal has held that a claimant could bring a claim in tort against a Spanish hotel company in England, the claimant's domicile, where the …
Court of Appeal holds direct damage in England required for permission to serve tort claim outside the jurisdiction
The Court of Appeal has held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively …
Our latest UK Banking Litigation Update published
We have published our latest Banking Litigation Update, summarising some of the more important cases and developments affecting UK financial institutions …
Commercial Court finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens
The Commercial Court has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver clause does not preclude the …
CJEU confirms validity of jurisdiction clauses agreed electronically by "click-wrapping"
In a very recent decision, the Court of Justice of the EU has clarified the requirement under the Brussels Regulation for a jurisdiction agreement to be …
French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction …
Court of Appeal considers conflicting jurisdiction clauses in insurance service agreements
In the recent case of Trust Risk Group SPA v AmTrust Europe Ltd [2015] EWCA Civ 437 the Court of Appeal held that there was a good arguable case that the …
Article published on risk of parallel prospectus liability claims in different EU jurisdictions
Issuers of listed securities will be conscious of their exposure to prospectus liability claims in the UK and elsewhere in the EU. The prospect of facing …
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