Planet49: pre-ticked agreement with clauses in terms and conditions.
A quick flag to those of you following consumer protection and the Directive (2002/58) on privacy and electronic communications. In Case C-673/17 Planet49 the Court of Justice is being asked to clarify...
View ArticleHeavily loaded. Applicable law in follow-up competition cases: watch the...
Quentin Declève alerted me to the Air Cargo damages compensation case currently making its way through the Dutch courts. (I have previously reported on jurisdictional issues re such cases; searching...
View ArticleOn the qualification of limitation periods in Rome I and II. PJSC Taftnet v...
In [2017] EWCA Civ 1581 Taftnet v Bogolyubov the Court of Appeal held that an English court can allow addition of a claim which is time barred by the governing law identified by Rome I or Rome II. At...
View ArticleDNIs, patents, exhaustion and jurisdiction under Lugano: Parainen Pearl v...
A case title which sounds a bit like a Scandinavian crimi – that’s because it almost is. In [2017] EWHC 2570 (Pat) Parainen Pearl et al v Jebsen Skipsrederi et al the facts amounted to claimants, who...
View ArticleEU competition law in the UK post Brexit. Applying foreign ‘public’ law.
In one of my many ponderings on research I would like to do but might never get an opportunity do (hence my repeated sharing of potential PhD topics) I came across an excellent post by Daniel Jowell QC...
View ArticleLois de police /ordre public /overriding mandatory law in arbitration: Paris...
Julien Huet and colleagues at White & Case have excellent insight in MK Group v Onyx. The Paris Court of appeal set aside an ICC arbitral award for violation of Laos overriding mandatory law. As...
View ArticleKaifer Aislimientos: the limits of Brussels I’s rules on choice of court.
[2017] EWHC 2598 (Comm) Kaifer Aislimientos, is a good illustration of the limits of Article 25 juncto recital 20’s lex fori prorogati rule. Claimant argues that the Court has jurisdiction pursuant to...
View ArticleAristou v Tesco Personal Finance. Article 7(1) and (2) entertain the Cypriot...
Thank you Andreas Christofides for flagging Aristou v Tesco Personal Finance, a case which engaged Article 7(2) and, I presume, Article 7(1) Brussels I Recast: forum delicti cq forum contractus. I...
View ArticleNational Bank of Kazakhstan v Bank of New York Mellon. Branches’ activities,...
In [2017] EWHC 3512 (Comm) National Bank of Kazakhstan v Bank of New York Mellon, Article 7(5) makes a rarish appearance, as does (less rarely) Article 30. Popplewell J summarises the main facts as...
View ArticleSaey Home: The CJEU on choice of court and invoices, and place of performance...
C‑64/17 Saey Home, is yet another illustration of, mercifully for us conflicts lawyers, even fairly sophisticated businesses often fail properly to conclude commercial agreements. Here: what is said to...
View ArticleAgrokor DD – Recognition of Croatian proceedings shows the impact of...
If one needed further illustration that the Brussels I Recast and the Recast Insolvency Regulation do not dovetail (a concept which I explore ia here) [2017] EWHC 2791 (Ch) Agrokor DD is it. The...
View ArticleClutching at jurisdictional straws as short as hotpants. Suing Google for...
Hotlinking is explained at para 17 of [2018] EWHC 550 (Ch) Wheat v Alphabet /Google Inc and Monaco Telecom. (Cross-reference is also made to the related main case against Monaco Telecom, [2017] EWHC...
View ArticleECtHR draws the curtain over Krombach.
Thank you Tobias Lutzi for alerting us to the ECtHR drawing the final curtain (legally speaking at least) over the tragic events surrounding the Krombach case. The case is a classic viz ordre public,...
View ArticleX v I: The Austrian Supreme Court on due diligence in choice of court under...
Thank you Klaus Oblin for flagging OGH 7 Ob 183/17p X SE v I SpA (yet again I am happy to grumble that there is really no need to keep B2B litigation anonymous) at the Austrian Supreme Court. At issue...
View ArticleColin King: On the application ratione temporis of the Recast Insolvency...
I thought I had but seemingly had not, flagged Bob Wessels’ timely alert to [2016] COMP 039 Colin King (Supreme Court of Gibraltar). The judgment first of all looks at the temporal scope of application...
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New EU rules on company law: more flexibility, more protection?
Positive harmonisation follow-up ia to Polbud – my review of which here https://bit.ly/2Jyxzob Corporate Finance Lab Yesterday, the European Commission launched two proposals for new rules on the...
View ArticleJesner v Arab Bank. Scotus does not play ball on corporate culpability under...
For background to this week’s SCOTUS ruling in Jesner v Arab Bank see my earlier posting. Bastian Brunk has early reflection here, with good summary of the Court’s majority (as well as dissenting)...
View ArticleRotterdam conference on international business courts.
A short post (my diary is clearing up ever so slightly – I may finally have time for a proper cuddle of the blog next week onwards) to flag my Rotterdam colleague prof Xandra Kramer’s conference on...
View ArticleOne of those groundhog days. The Brussels Court of First instance on...
I have flagged once or twice that the blog is a touch behind on reporting – I hope to be on top soon. I blogged a little while ago that the Brussels Court of Appeal had sided with Facebook in their...
View ArticlePretty pennies and exclusive choice of court. BDO Cayman v Argyle Funds
In BDO Cayman v Argyle Funds, reported by Harneys, the Grand Court of the Cayman Islands followed English and Australian authority in having an anti-suit injunction followed by a cost order against...
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