Litigation Notes
Tag: international litigation
Showing 168 out of 203 results
Exclusive jurisdiction clause won't necessarily prevent grant of stay where there are related proceedings, but makes it very unlikely
The Commercial Court has held that the existence of an exclusive jurisdiction clause in favour of the English court does not, when there are proceedings …
Jurisdiction clause in bank's terms interpreted as granting exclusive jurisdiction to English courts in claims by hedge fund
The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts in respect of claims made by a hedge fund. …
Contract may be made in more than one country for purposes of establishing jurisdiction
The High Court has held that a claimant had a good arguable case that a contract was made in both England and Texas and that this was sufficient to come …
High Court applies English law to questions of privilege in applications under Insolvency Act 1986
In the context of joint liquidators' applications for documents "belonging to" the company or "relating to" its affairs (under sections 324 and 326 …
High court decision on where subsidiary domiciled under Brussels Regulation
The place of central administration of a subsidiary will not be where the parent administers its own business unless the parent is, unusually, …
UK Supreme Court clarifies when retrospective alternative service out of the jurisdiction is permitted
The Supreme Court has considered when an order can be made retrospectively declaring that steps taken to bring a claim form to the attention of a …
UK Supreme Court confirms power to issue anti-suit injunction even when no arbitration underway or proposed
The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in …
High Court confirms unilateral jurisdiction clause is valid under English Law
The Commercial Court has confirmed that one-way or unilateral jurisdiction clauses (in which one party can bring proceedings in one jurisdiction only, …
High Court orders foreign defendant to disclose assets worldwide to aid execution
The High Court has reaffirmed its jurisdiction under section 37(1) of the Supreme Court Act 1981 to compel defendants who are subject to the court's …
Service of EU proceedings in England: receipt by fax sufficient to seise foreign court
The High Court has decided that receipt by fax at the Foreign Process Section (FPS) of the English court of proceedings commenced in another member …
Webinar alert: Jurisdiction update
On Tuesday 30 April 2013 (12.45 – 1.45pm BST) Murray Rosen QC, Adam Johnson and Anna Pertoldi will deliver a live audio webinar in which they will …
US Supreme Court decision reduces risk of US claims for violation of international law where no US connection
In a much-anticipated decision concerning the reach of the Alien Tort Claims Act (“ATS“) to foreign actors, the US Supreme Court has concluded that ATS …
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