Litigation Notes
Tag: jurisdiction
Showing 60 out of 99 results
Supreme Court confirms that the situs of a debt due under a letter of credit is the location of the issuer
In a departure from previous authority, the Supreme Court has confirmed that the situs of a debt created by a letter of credit is the place of residence …
Court of Appeal clarifies approach to exclusive jurisdiction provisions of Brussels regime relating to validity of corporate decisions
The Court of Appeal has held that the English courts had exclusive jurisdiction to hear a claim brought by an English subsidiary company against Turkish …
Cross-Border Litigation - international perspectives
We are pleased to publish the second issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical …
PRC signs up to Hague Convention on Choice of Court Agreements
On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements. The Convention provides greater …
Recast European Insolvency Regulation introduces new jurisdiction rules for insolvency-related claims
As a result of the Recast European Insolvency Regulation ("REIR"), which applies to insolvency proceedings commenced since 26 June this year, insolvency …
Court of Appeal considers that merits of claim against anchor defendant are relevant in establishing jurisdiction under Brussels Regulation against co-defendants domiciled in member states
In a recent decision, a majority in the Court of Appeal held, obiter, that the courts should consider the merits of a claim against an "anchor …
UK clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit
On Tuesday 22 August, the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, …
India related commercial contracts: dispute resolution and governing law clauses
Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related …
Upcoming webinar - Cross-Border Litigation Update
On Thursday 29 June (1.00 – 2.00pm UK time) we will present the second in our series of webinars for Herbert Smith Freehills clients and contacts …
Supreme Court refuses to apply a special jurisdiction rule to the tort of inducing breach of a jurisdiction clause
The Supreme Court has refused to craft a special rule for the tort of inducing a breach of contract where the contractual term which has been breached is …
Another successful challenge to jurisdiction of English court to hear claims against English domiciled parent companies in relation to acts of subsidiaries abroad
The High Court has struck out a claim against a UK incorporated parent company and set aside permission to serve a claim form out of the jurisdiction on …
Court of Appeal gives further guidance on how jurisdiction rules apply in economic tort claim
The Court of Appeal has held that the place of the event giving rise to damage in a claim alleging conspiracy to injure by unlawful means is where the …
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