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Italian Supreme Court: US punitive damages are no obstacle to recognition and...
Thank you Francesca Petronio, Fabio Cozzi & Francesco Falco for flagging the Italian Supreme Court’s judgment no. 16601/2017 of 5 July last. I have tried to locate the judgment in relevant...
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T v O: Unamar, Ingmar and ordre public /overriding mandatory law in Austria.
Tobias Gosch has excellent overview of T v O (why o why do States feel the need the hide the identity of companies in commercial litigation) in which the Austrian Supreme Court (Oberster Gerichtshof)...
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Celebrity posting to kick off the autumn season. Middleton v Closer.
As I turn my attention to clearing the blog queue, a light posting to begin with. Kind of light, that is, because for the plaintiffs at issue of course the issue is not at all a laughing matter. I am...
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A v M (Austria): Copyright infringement, locus delicti commissi in case of...
For your second conflicts reading of the day I thought I should serve something more substantial. In A (an Austrian company) v M (a company located in Luxembourg) the Austrian Supreme Court (Oberster...
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De IPR-kwalificatie van pauliana-achtige aansprakelijkheid: welk label voor...
Yummie: Dutch High Court asks the European Court of Justice for assistance in qualifying anti-avoidance /fraudulent conveyance mechanisms. (Guest blog in Dutch). Corporate Finance Lab De Nederlandse...
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Ordre Public in Bankruptcy. The Amsterdam Court of Appeals in Yukos.
Michael Broeders and Ulrike Verboom have excellent overview of the decision back in May by the Amsterdam Court of Appeal not to recognise the Russian liquidation order of 1 August 2006 regarding OAO...
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Expect some final turbulence. CJEU wrongfoots Ryanair and Crewlink on ‘place...
I reported earlier on Saugmandsgaard ØE’s opinion in Cases C‑168/16 and C‑169/16, Nogueira et al and Osacar v Ryanair. The CJEU yesterday held and as I put it in immediate comment on the case reported...
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Sharia divorce and Rome III. Saugmandsgaard Øe in Sahyouni.
In Case C-372/16 Sahyouni SAUGMANDSGAARD ØE Opined Friday last (Opinion not yet available in EN at the time of writing of this post; the curia press release on the case helps). The case concerns the...
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A late entry on your timeline. Anas v Facebook leaves plenty of questions on...
I discussed this case with my students the day the judgment came out. Copy of the judgment has travelled with me far and wide. Yet I only now find myself getting round to posting on Anas v Facebook, at...
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Sabbagh v Khoury. The Court of Appeal struggles on merits review for anchor...
Sabbagh v Khoury at the High Court was the subject of a lengthy review in an earlier post. The Court of Appeal has now considered the issues at stake, in no lesser detail. In line with my previous post...
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Trust and freedom of establishment: some preliminary observations on the...
When I cannot add anyting sensible to others’ analysis, I let theirs speak for itself. Enjoy. Corporate Finance Lab On September 14th 2017, the CJEU ruled on the Panayi Trust case (Case C-646/15), to...
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EU Civil procedure geeks: Time to sit up. Max Planck Luxembourg have their...
Under the leadership of prof Hess, MPI Luxembourg have collated a treasure chest of data on what, in practice, continues to hold up recognition and enforcement of judgments in the EU Member States. The...
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The CJEU in Nintendo. Where will you sue next?
As Bot AG put it, Joined Cases C-24 and 25/16 Nintendo v Big Ben gave the Court an opportunity to determine the territorial scope of a decision adopted by a court of a Member State in respect of two...
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Google v Equustek: Google ordered to de-index globally.
Thank you Stephen Pittel for alerting me to 2017 SCC 34 Google Inc. v Equustek Solutions Inc. – alternative review ia here, and apologies for my late reporting: the case came to my attention late June....
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Global Twinjunctions. X v Twitter.
Twitter injunctions – Twinjunctions if you like, rather like Facebook or Google Removal orders, provide classic scenarios for the consideration of the territorial scope of injunctive and enforcement...
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OCEAN Rig: COMI shopping cautiously welcomed by US Bankruptcy Court.
I have often argued that the European Commission and by extension the EU’s Insolvency Regulation is wrong in taking as a starting point that forum shopping in insolvency matters as a rule needs to be...
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Hanssen: CJEU confirms narrow reading of exclusive jurisdictional rules.
The precise application of the Brussels I Recast’s exclusive jurisdictional rules, remains a balancing exercise. Being an exception to the Regulation’s’ overall preference for the domicile of the...
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Yummie. The week ahead at the CJEU.
I do not habitually report on the week ahead at the CJEU. I do frequently tweet and Link one specific cases where a Hearing or Opinion AG is planned. This week however offers a great tableau of core...
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Wiseley v Amazon: on consumer contracts, click-wrap and putative laws.
Thank you Jeffrey Neuburger for flagging Wiseley v Amazon. Jeffrey has excellent overview and analysis so I will suffice with identifying a few tags: the issue of click-wrap agreements (when does one...
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Fasten your (Road and) belts. China to follow example of DIFC and ICC.
Susan Finder has an absolutely indispensable post on two recent initiatives over at the Chinese Supreme Court. Firstly, the Supreme People’s Court is working on a judicial interpretation of the rules...
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