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The Trafigura litigation continues: Dutch court accepts jurisdiction but...
I have in the past reported fleetingly about the Trafigura litigation, in which the company is and has been pursued in various jurisdictions for the environmental and public health damage resulting...
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Assymetrical jurisdiction clauses. Their existence and (obiter) their...
Apologies for late posting. I had tweeted and linked and done all sorts of other things when the judgment came out but as readers tell me, that is not quite the same as a review on this blog. Walker J...
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Golden Endurance: Submission to jurisdiction as a matter of mixed law and fact.
Golden Endurance v RMA, [2016] EWHC 2110 (Comm), illustrates the attraction of having a unified approach to submission (to jurisdiction), otherwise known as voluntary appearance. In current case, the...
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Conflicts, conflicts Uber-al. Employment and conflict of laws (Rome I) in the...
Thank you Steve Peers for alerting me to the relevance of the conflict of laws and the Rome I Regulation in particular in the recent Aslam et al v Uber Employment Tribunal decision. The case...
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Place of performance of a contract: Court of Appeal in JEB v Binstock.
In JEB Recoveries v Binstock, [2016] EWCA Civ 1008, the Court of Appeal (on appeal from the High Court, 2015] EWHC 1063 (Ch)) exhaustively reviewed relevant EU precedent for the determination of the...
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Siemens: Debt arising from the unjustified repayment (by the authorities) of...
The Court held in C-102/15 Siemens just before mine and their summer break. It had escaped my attention. At issue was whether debt arising from the unjustified repayment of a fine for infringement of...
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Now here’s a nice thought.
Our children often hug me goodnight while I am working away at a brief or sitting next to a huge pile of exam papers, waiting to be marked. And especially in the latter case, I confess this is often...
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A little pousse-cafe. Gaz de France v STS: annulment of arbitral award on...
Something to digest quietly, to start this new year: in Gaz de France v STS the French Conseil d’Etat annuled an arbitral award for breach of ordre public. The Conseil objected in particular to the...
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Cybercrime and jurisdiction. The CJEU in Concurrences /Samsung /Amazon.
In the flurry of judgments issued by the European Court of Justice on Super Wednesday, 21 December, spare a read for C-618/15 Concurrence /Samsumg /Amazon: Cybercrime, which dealt with jurisdiction for...
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It does not get more The Hague than this. Footballing around jurisdiction,...
Thank you Bob Wessels for alerting me to ADO Den Haag v United Vansen (of China). ADO Den Haag NV (the corporate vehicle of a Dutch Premier League club) domiciled at The Hague, sue United Vansen...
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Hooley: Modified universalism outside the EU’s Insolvency Regulation.
Hooley [Hooley v The Victoria Jute Company Ltd and others [2016] CSOH 14] has been sitting in my in-box for a few months. It concerns the liquidation (particularly: selling of companies’ assets by...
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Citysprint: Speeding away from legalese. Employment tribunals act against...
The issue under consideration in Citysprint was whether claimant, Ms Dewhurst, a cycle courier, was an employee of Citysprint or rather, as defendant would have it, a self-employed contractor. I am not...
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Finding SHELLter. The High Court on CSR and applicable law in Okpabi.
Where does one look first? : as I reported last week, Ms Kiobel is now taking her US case to The Netherlands (this case essentially involves human rights), at a time when Shell is still pursued in the...
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Now you sue me, now you don’t. Trump v Daily Mail.
The president and Mrs Trump keep on exercising the courts. In Melania Trump v Webster Tarpley and Mail Media, Inc., the circuit court for Montgomery County, Maryland, accepted jurisdiction against the...
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Lodi Trading, a lotta fog: Kolassa in the Belgian Supreme Court.
Many thanks Michael Verhaeghe (whom I have the pleasure with jointly to be representing a client) for alerting me to Lodi Trading in which the Belgian Supreme Court applied (and distinguished)...
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Vinyls Italia: Szpunar AG on the chemistry between the Insolvency Regulation...
In C-54/16 Vinyls Italia (in full: Vinyls Italia SpA, in liquidation v Mediterranea di Navigazione SpA) Szpunar AG opined last week (the Opinion is not available in English). At the core of the case is...
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CJEU in Zulfikarpašić: Suggest generic criteria for ‘courts’; completes the...
The Court held yesterday in Zulfikarpašić Case C-484/15. I review Bot AG ‘s Opinion here. At issue is the interpretation of ‘court’ and ‘judgment’ in the European enforcement order Regulation....
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On ‘civil and commercial’, and, again, notaries as courts. The CJEU in Pula...
Issued on the same day as Zulfikarpašić, Pula Parking Case C-551/15 deals with similar core issues, with a few extras thrown in. Pula Parking, a company owned by the town of Pula (Croatia), carries...
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Sinocore International Co Ltd v RBRG Trading: The commercial court on fraus,...
Fraus omnia corrumpit (fraud corrupts all; alternatively formulated as ex turpi causa non oritur actio) is not easily applied in conflict of laws. See an earlier post here. In Sinocore International...
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Microsoft (Nokia) v Sony. This battery keeps on going: relatively of...
The one sorry outcome of [2017] EWHC 374 (Ch) Microsoft (Nokia) v Sony is that by rejecting jurisdiction, the Commercial Court did not have an opportunity to review the application of Rome II’s...
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