Litigation Notes
Tag: international litigation
Showing 204 out of 205 results
Conflicting jurisdiction clauses in complex financial transactions – further guidance from the Court of Appeal
The turmoil in economic markets has not surprisingly resulted in a number of court cases concerning complex financial transactions often with …
Court of appeal rules on whether justice could be obtained in Ukraine courts
In Pacific International Sports Clubs Limited v Igor Surkis & Ors [2010] EWCA Civ 753 the Court of Appeal had to consider the circumstances in which …
US Supreme Court restricts the extra-territorial application of US securities legislation
In a decision of great significance to non-US issuers and their shareholders, the US Supreme Court has clarified and restricted the extra-territorial …
The Review of the Brussels Regulation and the efficacy of jurisdiction and arbitration clauses
The Brussels Regulation (Council Regulation (EC) No 44/2001) sets out detailed rules on the jurisdiction of courts and the enforcement and recognition of …
Court of appeal overturns decision dealing with the impact of West Tankers
The Court of Appeal has overturned the Commercial Court's judgment earlier this year in National Navigation v Endesa in a decision which, although more …
Court of Appeal upholds High Court finding that litigant unlikely to get fair trial in Russia
The Court of Appeal has upheld a finding by the High Court that a trial should be held in England rather than Russia because of concerns about the …
Parallel proceedings in English and non-EU courts: To stay or not to stay?
There have been two recent English High Court decisions (both in the Chancery Division) which considered the question whether English proceedings could …
Anti-suit injunctions and non-exclusive jurisdiction clauses in the Court of Appeal
The Court of Appeal has held that the English Courts will not intervene, by way of anti-suit injunction, to restrain the pursuit of foreign proceedings …
Synthetic CDOs in the English courts: Court of Appeal upholds New York jurisdiction
The market is rife with disputes arising out of complex financial transactions comprising a series of separate but interrelated agreements. Where …
ECJ prohibits use of anti-suit injunctions in support of arbitration agreements in the EU
The European Court of Justice ("ECJ") has today issued its judgment confirming the Advocate General's ("AG") Opinion of 4 September 2008 that anti-suit …
Court of Appeal upholds application of jurisdiction clause and reinforces doctrine of separability
Following the first instance decision of Flaux J in this case in April, there had been considerable uncertainty regarding the extent to which a party …
Decide at an early stage whether to challenge service / jurisdiction
Failure to comply with strict procedural rules may result in waiver of the right to challenge: Hoddinott and others v Persimmon Homes (Wessex) Ltd [2007] …
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