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Choice of court (in tender file) under Brussels I. CJEU confirms Szpunar AG...
The CJEU has confirmed the views of Szpunar AG in C-222/15 Hőszig /Hoszig, without (much as expected) entertaining the lex fori prorogati rule of the Brussels I Recast. Can choice of court made in...
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Status updated: can a ‘relationship’ be a ‘contract’? CJEU says it’s...
In C-196/15 Granarolo, extensive reference is made to Brogsitter, in which the CJEU held that the fact that one contracting party brings a civil liability claim against the other is not sufficient to...
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Lungowe v Vedanta and Konkola. One lb of Owusu and one lb of Chandler v Cape...
Here’s the recipe for Lungowe v Vedanta at the High Court. Obtain one lb of C-291/02 Owusu: European authority: forum non conveniens has no place in the Brussels jurisdictional regime; particularly now...
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Forum non conveniens and Brussels IIa. Wathelet AG in Child and Family Agency...
I have included Article 15 of the Brussels IIa or IIbis Regulation, 2201/2003, in full below. It allows a court to relinquish a case to another court, if that is in the best interest of the child. I...
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Szpunar AG in Mulhaupt: national law determines what rights in rem are under...
In C-195/15 Mulhaupt, the question referred reads Does the term ‘right in rem’ in Article 5(1) of (…) Regulation (…) 1346/2000 (…) on insolvency proceedings include a national rule such as that...
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VKI v Amazon. Readers who read this item should also read plenty of others.
C-191/15 Verein für Konsumenteninformation v Amazon SarL is one of those spaghetti bowl cases, with plenty of secondary law having a say on the outcome. In the EU purchasing from Amazon (on whichever...
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Trusts (Stiftung) and estate planning. You cannot have your cake, and eat it.
One cannot have one’s cake and eat it. Meaning once the cake has been eaten, it is gone and you no longer have it. (Apologies but this saying is so often misunderstood I thought I should clarify)....
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Bot AG in Zulfikarpašić: Are notaries ‘courts’ and do they issue ‘judgments’?
In Zulfikarpašić Case C-484/15, Bot AG opined on 8 September. At issue is the intepretation of ‘court’ and ‘judgment’ in the European enforcement order Regulation. Mutatis mutandis therefore the case...
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Kaynes v BP PLC. A good Canadian illustration of forum non conveniens to...
With many conflict of laws classes fresh underway, it is good to be reminded of the classics. Forum non conveniens was at issue in Kaynes v BP, at the Court of Appeal for Ontario. There is a pending...
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JASTA: Hard cases make bad law. Awful cases even worse law.
It is important at the outset to clarify terminology. A variety of statements, papers and position papers on JASTA, include the doctrine of ‘State immunity’ to either reject or support the Act. The Max...
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Going European: California S.B. 1241. Employee protection for choice of law...
Thank you Cozen O’Connor for alerting me. California’s Senate Bill 1241 was signed into law at the end of September. It will apply to employment contracts entered into, modified, or extended on or...
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TNT at the High Court. Quantification of damages for invasion of privacy.
Infringement of personality rights, including invasion of privacy, is exempt from the Rome II Regulation on applicable law for non-contractual relations. TLT at the High Court shows how distinct...
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Which strap on which boot? CJEU rejects von Munchausen in Nikiforidis,...
As my review of Szpunar AG’s Opinion in Nikiforidis highlighted, on the issue of temporal applicability to continued contracts, the AG suggested along the lines of Rome I Article 10’s regime (the von...
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Mulhaupt /SCI Senior Home. The Court follows the AG’s lead on rights in rem.
When I reviewed Szpunar AG’s Opinion in C-195/15 Mulhaupt /SCI Senior Home, I predicted (it’s a safe prediction, nothing whiz-bang about it) that the Court would probably come to the same conclusion in...
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Disciplining forum shopping not a relevant consideration under Brussels IIa....
I reported earlier on the AG’s Opinion in C‑428/15, Child and Family Agency. The Court held late October. It first of all confirms earlier case-law relating to the interpretation of the notion ‘civil...
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The City never closes? The High Court on COB in Lehman Brothers.
Lehman Brothers [2016] EWHC 2699 (Comm) does not involve conflict of laws. Yet its discussion of the notion of ‘close of business’ reminded me of the relevance of Article 12(2) Rome I: In relation to...
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Schmidt v Schmidt: CJEU confirms Kokott AG’s views on forum rei sitae & forum...
Much as expected, the Court has this week confirmed Kokott AG’s views on Article 24(1) and Article 8(4) Brussels I Recast. Please refer to my review of the Advocate General’s Opinion for detail of the...
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Secondary insolvency proceedings in Hanjin Europe. Plenty held, plenty assumed.
The Rotterdam court in Hanjin Europe held on the opening of secondary proceedings in The Netherlands, in application of the European Insolvency Regulation (EIR), with main proceedings and COMI in...
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The Scottish Government submission to Brexit at the SC, and the EU’s conflict...
For those with an interest in UK constitutional law and its impact on the EU, these evidently are interesting days. I just wanted briefly to flag that the Scottish Government’s submission to the...
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Extension of contractual choice of court to unfair trading practices :...
In Philipp Plein, the court at Rotterdam held against the applicability of contractual choice of court to cases involving (alleged) unfair trading practices /infringement of competition law. (The...
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