Bankas Snoras v Antonov et al. Freezing injunctions and lis alibi pendens.
In [2018] EWHC 887 (Comm) Bankas Snoras v Antonov et al, Eggers DJ considers the extent of the typical undertaking by party having obtained a worldwide freezing order, to seek permission from the...
View ArticleLloyds v Syria: State immunity and submission to (US) jurisdiction.
Once in a while I post on State Immunity, one of my favourites sub-themes in same being waiver of immunity, whether by contractual provision or following submission. [2018] EWHC 385 (Comm) certain...
View ArticleFly lal: Locus delicti commissi for anticompetitive agreements. And...
Bobek AG opined about a little while ago in C-27/17 flyLAL. (Readers may also find my recent posting on NBK useful, re Article 7(5)). AB flyLAL — Lithuanian Airlines (‘flyLAL’) operated flights from...
View ArticleForum non conveniens, lis alibi pendens ex-EU following Brussels I Recast....
In [2018] EWHC 380 (Comm) UCP Plc v Nectrus Limited Cockerill J takes the same conclusion on the new lis alibi pendens rule ex-EU in the Brussels I Recast, which I had suggested in the Handbook...
View ArticleKMG International v Chipper: Textbook forum non conveniens.
A flag simply to lead readers to a recent textbook application of Spiliada forum non conveniens authority: Moulder J in [2018] EWHC 1078 (Comm) KMG v Chipper. Geert. (Handbook of) EU private...
View ArticleJSC BTA Bank v Khrapunov. UK Supreme Court confirms the conspiracy itself,...
The UK Supreme Court held in [2018] UKSC 19 JSC BTA Bank v Khrapunov late March. Defendant is based in Switzerland, hence triggering the Lugano Convention. Addleshaw Goddard have the history of the...
View ArticleThe Aldi principle applied in BVI.
I reported earlier on the Aldi abuse of process principle: a party who intends to bring a subsequent action against existing parties or their privies must raise the issue with the court, which on...
View ArticleZavod Ekran. Russian notice of arbitration not lost in translation.
Clearing up my backlog. In [2017] EWCH 2208 (Comm) Zavod Ekran v Magneco the Blair J held in September 2017 that a company must not hide behind documents initiating arbitration being drafted in...
View Articleflightright. The extensive CJEU notion of ‘contract’. Mumbles on effet utile...
One of my PhD students, Michiel Poesen, has an extensive case-note coming up on C-274/16 flightright – when it is out I shall include a link here. For the time being therefore I shall be very brief. In...
View ArticlePlace of performance of multimodal transport. Tanchev AG in Zurich Insurance...
Not just my blog posts on both cases follow each other closely. Tanchev AG in his Opinion in C-88/17 Zurich Insurance v Metso, takes inspiration from the Court’s findings in flightright (which I...
View ArticleUS Iran sanctions renew the spotlight on the EU’s blocking regulation: A rare...
Ross Denton at Baker & McKenzie has a gem of a briefing on the EU’s ‘blocking Regulation’ and what it would mean in light of the US’ mooted sanctions on Iran. Steptoe had earlier also pondered the...
View ArticleMX1 v Farahzad: Rome II’s Article 4(1)’s Mozaik in action.
In [2018] EWHC 1041 (Ch) MX1 and SES v Fardad Farahzad (defendant’s appeal for summary judgment) claimants are domiciled in Israel and Luxembourg respectively. Their action results from some 57 tweets...
View ArticlePolish readers: Help required. St Vincent v Bruce Robinson et al: presumably...
In [2018] EWHC 1230 (Comm) St Vincent v Bruce Roberston et al Males J set aside a worldwide freezing order in summary judgment but that is not the trigger for this blog post. Rather, consider paras 33...
View ArticleRace to the Alps. Swiss Supreme Court relaxes its attitude to negative...
In 4A_417/2017 (litigants’ names per usual unnecessarily anonimysed; Ganzoni reveal it to be Swatch AG) the Swiss Federal Supreme Court (at 2) first of all correctly reminds us that neither the Lugano...
View ArticlePlatinum Partners: Comity no bar to allowing US discovery in Bankruptcy cases.
In Platinum Partners, Chapman J held that foreign discovery laws should be considered for comity concerns, yet they are not determinative of whether discovery should be permitted under United States...
View ArticleChevron /Ecuador: Ontario Court of Appeal emphasises third parties in...
In Chevron Corp v Yaiguaje, the Canadian Supreme Court as I reported at the time confirmed the country’s flexible approach to the jurisdictional stage of recognition and enforcement actions. Following...
View ArticleJurisdiction re prospectus liability (misrepresentation) before the CJEU...
Even Advocate-General Bobek has not managed to turn jurisdictional issues re prospectus liability into the prosaic type of analysis which many of us have become fond of. His Opinion in C-307/17 Löber v...
View ArticleE.ON v Dědouch. Squeeze-outs and the not-so restrictive application of...
I promised a post on C-560/16 E.ON v Dědouch sooner than I have been able to deliver – I have reviewed Wathelet AG’s Opinion here. I do not evidently hold the magic key to the optimal interpretation of...
View ArticleArica Victims v Boliden Mineral. Lex causae and export of toxic waste.
‘Reading’ Arica Victims v Boliden Mineral (I have a copy of the case, but not yet a link to ECLI or other database; however there’s a good uncommented summary of the judgment here] leaves me frustrated...
View ArticleAtlas Power. Some heavy High Court lifting on Arbitration, curial and...
I reported earlier on Sulamerica and the need properly and preferably, expressly to provide for choice of law vis-a-vis arbitration agreements, in particular vis-a-vis three elements: lex arbitri, lex...
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