Litigation Notes
Tag: international litigation
Showing 144 out of 205 results
Supreme Court takes restrictive approach to the opening of secondary proceedings in England under EC Insolvency Regulation
The Supreme Court has held that, in order to open secondary proceedings in England under EC Regulation 1346/2000 on Insolvency Proceedings, the …
Dangers of filing further acknowledgement of service when appealing jurisdiction judgment
The Court of Appeal has held that filing a further acknowledgement of service following an unsuccessful jurisdiction challenge amounts to submission to …
Commercial Court stays claim against guarantors pending arbitration relating to underlying debts
The Commercial Court has granted a stay of proceedings against guarantors, despite the guarantees containing an exclusive jurisdiction clause …
Choice of English law / jurisdiction will not always mean a dispute will be heard in England and English law applied
Two recent Court of Appeal decisions are a reminder that an exclusive English jurisdiction clause and choice of English law clause will not always ensure …
Inconsistent dispute resolution clauses – Commercial Court emphasises presumption of “one-stop adjudication”
The Commercial Court has found that an arbitration clause in a consultancy agreement was superseded by an exclusive English jurisdiction clause in a …
Article published on changes to jurisdiction rules under recast Brussels Regulation
The recast Brussels Regulation has introduced significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings …
When can the court stay proceedings against an English domiciled defendant in favour of proceedings in a non-EU court?
The High Court has held that it had power to stay proceedings against an English domiciled defendant in favour of the courts of Western Australia, as the …
High Court provides guidance on waiver of sovereign immunity
In a recent decision, the High Court considered the scope of sovereign immunity provided by section 1 of the State Immunity Act 1978 (the “1978 …
Contracts with consumers – where can a business sue and be sued?
Where a business has directed its activities to an EU member state in which a consumer is domiciled, two consequences follow: (i) it can generally only …
Recast Brussels Regulation applies to proceedings commenced from today onwards
The recast Brussels Regulation introduces significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings commenced …
New EU jurisdiction rules apply from 10 January: Do you know where you can sue and be sued?
New EU rules on jurisdiction and the enforcement of judgments will apply to proceedings commenced from 10 January 2015, in the form of the recast …
Our new "Handy client guide to jurisdiction under recast Brussels Regulation: England and Wales"
In light of the upcoming changes to the EU rules governing jurisdiction and the enforcement of judgments, which will apply to proceedings commenced from …
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