Litigation Notes
Tag: international litigation
Showing 60 out of 203 results
Commercial Court gives guidance on definition of 'consumer' under Recast Brussels Regulation in cryptocurrency futures trading case
The Commercial Court has confirmed that an individual investor, with substantial means and more knowledge and experience than the average person, may …
Court of Appeal finds ISDA jurisdiction clause trumps competing clause in related contract
A recent Court of Appeal judgment provides further assurance that jurisdiction clauses within standard form ISDA documentation will not readily be …
EU guidance on no deal Brexit suggests increased risk Hague Convention on Choice of Court Agreements won't apply to exclusive English jurisdiction clauses agreed pre-Brexit
As we have previously noted, there is some uncertainty over whether, following a no deal Brexit, EU27 countries will apply the 2005 Hague Convention on …
UK suspends accession to Hague Choice of Court Convention
On Friday last week (29 March 2019), the depositary for the 2005 Hague Convention on Choice of Court Agreements issued a notice communicating that the …
New decision tree on enforcement of English judgments in the EU27 post-Brexit
Amidst the ongoing uncertainties in relation to both the nature and timing of Brexit, we have published a new decision tree on enforcement of English …
Upcoming webinar - Cross Border Litigation Update
On Wednesday 27 February 2019 (1.00 - 2.00pm GMT), Anna Pertoldi and Gary Milner-Moore will deliver the latest in our series of …
Court of Appeal gives guidance on how to apply jurisdiction test laid down by Supreme Court
The Court of Appeal has considered how the test for establishing English jurisdiction should be applied where there is a dispute over the facts relevant …
Application of the Brussels regime post-Brexit
The government has published a draft statutory instrument addressing, among other things, the question of how the UK courts will, post-Brexit, treat …
UK deposits instrument of accession to Hague Convention on Choice of Court Agreements
On 28 December 2018, the UK deposited its instrument of accession to the Hague Convention on Choice of Court Agreements 2005. The Convention will …
Brexit, deal or no deal: a litigator's perspective
Over the past couple of weeks, the government has published the final text of the draft Withdrawal Agreement setting out the arrangements for …
CJEU finds abuse of dominance claims may come within jurisdiction clause
The European Court of Justice (CJEU) has ruled that a jurisdiction clause could apply to claims alleging abuse of a dominant position, contrary to …
Applying the Hague Choice of Court Convention post-Brexit
The government has set out how it plans, in the event of a "no deal" Brexit, to ensure that the UK will continue to apply the Hague Choice of Court …
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