Litigation Notes

Asymmetric jurisdiction clauses: High Court enforces exclusive element of clause by anti-suit and anti-enforcement injunctions

The High Court has allowed a bank's application for a final anti-suit injunction (ASI) and anti-enforcement injunction (AEI), aimed at restraining …

The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution

High Court finds conspiracy claims fell within exclusive jurisdiction clauses under Hague Choice of Court Convention 2005

High Court grants injunction to prevent enforcement of Russian anti-suit injunction and considers Russian law on exclusive jurisdiction over sanctioned persons

High Court makes Bankers Trust disclosure order against foreign trustee in relation to assets in foreign trust and bank accounts

The High Court has made a Bankers Trust disclosure order requiring a foreign trustee to provide information and documents in relation to assets …

Supreme Court upholds anti-suit injunction in support of foreign-seated arbitration

Earlier this week the Supreme Court announced its decision in Unicredit Bank GmbH v RusChemAlliance LLC, with the full judgment to follow. It dismissed …

High Court grants declaration confirming exclusive jurisdiction of the English courts in order to assist Indian court to determine it did not have jurisdiction

Procedure for challenging jurisdiction includes challenges based on validity of service, not just international jurisdiction

The High Court has held that a defendant who wished to argue that proceedings had not been served in time, because orders extending time for service of …

Digital assets: Law Commission consults on private international law issues and draft legislation recognising a third category of personal property rights

Anti-suit injunctions: High Court considers proper approach where facts relevant to jurisdiction disputed

High Court refuses Norwich Pharmacal disclosure order in aid of foreign proceedings

In a significant recent decision, the High Court refused to grant a ‘Norwich Pharmacal’ disclosure order (NPO) on the grounds that the information was …

High Court grants anti-suit and anti-anti-suit injunctions to restrain Russian proceedings brought by sanctioned parties

The High Court has granted an anti-suit injunction (ASI) to restrain sanctioned counterparties from bringing Russian court proceedings, in breach of a …