Litigation Notes
Tag: international litigation
Showing 156 out of 203 results
Court of Appeal finds foreign subsidiary not domiciled in England under Brussels Regulation
The Court of Appeal has held that the South African subsidiary of an English parent did not have its central administration in England and was therefore …
US: Herbert Smith Freehills obtains important decision for non-US banks which maintain a branch office in New York
In a case of first impression in the New York state courts – Gliklad v. Bank Hapoalim, B.M., No. 155195/2014 (N.Y. Sup. Ct. N.Y. Cnty. Aug. 11, …
Court of Appeal upholds award of damages for breach of English jurisdiction agreement
The Court of Appeal has held that it did not infringe EU law to bring a claim for damages for breach of a settlement agreement, and the jurisdiction …
High Court considers relevance of Mitchell to late application to challenge jurisdiction
A deputy judge has held that deemed submission to the jurisdiction by failing to challenge jurisdiction on time is not a sanction, so no question of …
Court of Appeal finds proceedings for contempt may be brought against foreign director of corporate party
The Court of Appeal has held that proceedings for civil contempt may be brought against a director of a foreign company which is party to proceedings in …
Two upcoming webinars: updates on jurisdiction and commercial contracts
Next week we will be delivering two update webinars for Herbert Smith Freehills clients and contacts, covering developments in jurisdiction and …
US federal appeals court gives extraterritorial application to Racketeer Influence and Corrupt Organization Act (RICO)
In a milestone ruling last week, a Second Circuit panel has revived a massive civil RICO action brought a dozen years ago by the EU and twenty-six of its …
Transitory Movement of Funds through New York Banks No Guarantee of Jurisdiction
In a case of interest to foreign parties that routinely use New York's banking system to facilitate dollar transactions, the New York Court of Appeals …
High Court finds proceedings can be served at English address registered by overseas director under Companies Act 2006
In what appears to be the first case interpreting section 1140 of the Companies Act 2006, a High Court Master has found that service on a director's …
US Supreme Court rejects jurisdiction over foreign corporation based on its subsidiary’s contacts with the forum
For the first time ever, the United States Supreme Court has addressed whether a foreign corporation may be subjected to a court’s general jurisdiction …
Cartel follow-on damages claim did not come within jurisdiction clause
The Court of Appeal has held that a claim for losses caused by an Italian cartel did not come within a jurisdiction clause giving non-exclusive …
Supreme Court interprets Articles 27 and 28 of Brussels Regulation, but many issues still require clarification from CJEU
The Supreme Court has refused to stay English proceedings under Article 28 where a related action was commenced in Greece seeking to reopen issues …
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