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Unilever. Accepting CSR jurisdiction against mother companies not the High...
After Shell/Okpabi, the High Court has now for the second time in 2017 rejected jurisdiction to be established against the foreign subsidiary (here: in Kenya) using the mother company as an anchor. In...
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A new draft Hague ‘Judgments’ project. Where’s Wally?
I reported earlier on the November 2015 draft ‘Judgments project’ of the Hague Conference on private international law, otherwise known as the draft convention on the recognition and enforcement of...
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Not the Muppet show. FREP, FREP, FREP and Frogmore. Determination of COMI for...
In [2017] EWHC 25 (Ch) the Frogmore Group, there are three relevant companies: FREP (Knowle) Limited. FREP (Ellesmere Port) Limited and FREP (Belle Vale) Limited all of which were incorporated in and...
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Help, I am going bananas. US courts and Chiquita.
The title of this post is a result of my confusion on the state of various suits against Chiquita, on alleged collusion in or perpetration of human rights abuses in Columbia. I had reported earlier...
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Supply Chain Liability: The French Model
Closely linked to my post this morning re Chiquita and CSR, here’s a review of the French CSR corporate vigilance /duty of care Act. I had planned to do my own review but hey, why re-invent the wheel...
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Conflict of laws post Brexit. The Commons’ report. And the likely deaf ears.
The House of Commons’ report on ‘negotiating priorities for the justice system’ reviews more than conflict of laws, indeed it is a tour d’horizon of most (if not all) issues relevant to Justice and...
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Rincon. Overriding mandatory law or ‘lois de police’ in California.
Rincon ((2017) 8 Cal. App 5th 1) is another case suited to comparative conflicts classes. It applies California’s restrictive regime on waiver of jury trial to a contract governed by New York law and...
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The High Court in Midtown. This is what recognition and enforcement looks...
Don’t it always seem to go, you don’t know what you’ve got till it’s gone. Recognition and enforcement intra-EU is now so smooth in civil and commercial matters, the European Commission wanted to...
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Lernout & Hauspie: US opt-out class action settlement accepted by Belgian court.
Belgium’s Lernout & Hauspie case recently entered a further stage in its civil law chapter. The case is part of Belgium’s (and especially Flanders’) collective memory as an illustration of what can...
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Jesner v Arab Bank. Corporate culpability, the substantive question ignored...
Thank you, Ludo Veuchelen, for alerting me to Adam Liptak’s reporting on Jesner v Arab Bank, in which certiorari was granted by the United States Supreme Court early April. The case may finally have us...
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AMT v Marzillier: UK Supreme Court sides with relucant Court of Appeal on...
I reported on AMT V Marzillier at the High Court, failed to flag its overturn in the Court of Appeal (it’s the Easter period: I am in a confessionary mood), and now report swiftly on the Supreme Court...
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Asymmetric clauses, exclusivity, torpedoes and lis alibi pendens: The High...
Many of the issues in [2017] EWHC 161 (Comm) Commerzbank v Liquimar Tankers were also raised in Perella v Codere, albeit there, as I reported, obiter. In current case, they were very much dicta, and...
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Turkish Supreme Court rejects choice of court agreement on basis of ‘good...
Koray Söğüt and Suha Yılmaz reported recently on Turkish Supreme Court case-law in the area of choice of court. The report is very much worth a read. On choice of court agreements, what the Supreme...
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Spizz v Goldfarb. Applying the US presumption against extraterritoriality in...
Charles Oellermann has excellent analysis of Spizz v. Goldfarb Seligman & Co. (In re Ampal-Am. Israel Corp. 562 B.R. 601 (Bankr. S.D.N.Y. 2017). The U.S. Bankruptcy Court for the Southern District...
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An update from the social dumping flightdeck. Saugmandsgaard ØE advises...
Saugmandsgaard ØE this morning Opined in Joined Cases C‑168/16 and C‑169/16, Nogueira et al and Osacar v Ryanair. Reference in the case was made by the Court of Appeal at Mons /Bergen in the Ryanair...
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Supply chain liability and Bilateral investment treaties.
A quick note to tickle the interest of the BIT community out there: I have come across a suggestion that recent initiatives on supply chain liability (for the notion see my earlier reblog of Penelope...
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Dankor. On the perils of forgetting to exclude renvoi in choice of law and...
It is one of the pinnacle theories of conflict of laws and when first introducing students to it, they almost invariably respond glassy-eyed. Renvoi has an unlimited ability to surprise parties and...
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Cook v 1293037 Alberta Ltd. Forum necessitatis in Canada.
Thank you Dentons for flagging 2016 ONCA 836 Cook v 1293037 Alberta Ltd, on the application of the forum of necessity or forum necessitatis doctrine in the Canadian courts. A doctrine which in some way...
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HanseYachts: A court asked merely to preserve evidence is (probably) not...
This is one for the conflict of laws anoraks. In C-29/16 HanseYachts the Court of Justice held (on 4 May) that an application for proceedings to preserve or establish, prior to any legal proceedings,...
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‘Right to be forgotten’ /data protection laws and the internet referred to CJEU.
Many thanks to KU Leuven law student Dzsenifer Orosz (she is writing a paper on the issues for one of my conflict of laws courses) for alerting me to the French Conseil D’Etat having referred ‘right to...
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