Litigation Notes
Tag: jurisdiction
Showing 36 out of 99 results
High Court finds there is no power to stay English proceedings to give effect to exclusive jurisdiction clause in favour of non-EU court unless proceedings were commenced first in the foreign court
The High Court has held that there is no power under the recast Brussels Regulation to stay English proceedings against an English domiciled defendant in …
Upcoming webinar - The Hague Choice of Court Convention 2005 and the Hague Judgments Convention 2019: When and how will they apply?
On Tuesday 23 July 2019 (1-2pm BST), Anna Pertoldi and Jan O'Neill will deliver the latest in our series of webinars for Herbert Smith Freehills clients …
New Hague Judgments Convention: finally adopted but may be some years before impact is felt
On Tuesday, 2 July 2019, the Hague Conference on Private International Law finalised a new treaty on enforcement of judgments: the Convention on the …
Court of Appeal finds exclusive jurisdiction clause in settlement agreement with employee ineffective, as it was not entered into after the particular dispute had arisen
The Court of Appeal has held that an exclusive jurisdiction clause in a settlement agreement between an employer and employee was not effective to give …
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 …
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 …
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 …
High Court finds exclusive jurisdiction provisions in recast Brussels Regulation only apply to EU Domiciled defendants
The High Court has held that article 24(5) of the recast Brussels Regulation, which gives exclusive jurisdiction to the court where a judgment is to be …
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