FC Black Stars Basel: international arbitration cannot circumvent...
I post this item mostly as a point of reference for discussions on mandatory law, employment disputes, and the use of arbitral tribunals to circumvent limitations in domestic litigation. In FC Black...
View ArticleSpring v MOD and Evangelisches Krankenhaus Bielefeld. Joinder (based on...
[2017] EWHC 3012 (QB) Spring v MDO and Evengelisches Krankenhaus Bielefeld is unreported as far as I can tell (and I have checked repeatedly). Thank you Max Archer for flagging the case and for sending...
View ArticleHanding over. ‘Joint control’ in Fansites.
Choices, choices. I will continue to follow the GDPR for jurisdictional purposes, including territorial scope. (And I have a paper coming up on conflict of laws issues in the private enforcement of...
View ArticleAndrew Burness v Saipem SpA. Cyprus SC considers jurisdiction in the EEZ, and...
Thank you Elias Neocleous & Co for reporting Andrew Burness v Saipem SpA, in which the Cypriot Supreme Court confirmed jurisdiction over claims related to Cyprus’ Exclusive Economic Zone (under...
View ArticleJurisdiction for libel over the internet. Haaretz v Goldhar at the Canadian SC.
When I reported the first salvos in Goldhar v Haaretz I flagged that the follow-up to the case would provide for good comparative conflicts materials. I have summarised the facts in that original...
View ArticleEspírito Santo (in liquidation): CJEU on vis attractive concursus in the...
The title of this piece almost reads like an encyclical. C-250/17 Esprito Santo (in full: Virgílio Tarragó da Silveira Massa v Insolvente da Espírito Santo Financial GroupSA – readers will appreciate...
View ArticleLooking over the fence in re B.C.I Fins. Pty Ltd. (In Liquidation). The...
In re B.C.I Fins. Pty Ltd. (In Liquidation) (thank you Daniel Lowenthal for flagging) illustrates to and fro exercise, hopping between laws, and the use of choice of law rules to establish (or not)...
View ArticleNori Holdings: High Court holds that West Tankers is still good authority...
In [2018] EWHC 1343 (Comm) Nori Holdings v Otkritie Males J follows exactly the same line as mine in commenting on West Tankers – specifically the bodged attempt in Brussels I Recast to accommodate...
View ArticleFeniks: Bobek AG rejects forum contractus for Actio Pauliana and defends...
Is the actio pauliana by a Polish company against a Spanish company, which had bought immovable property from the former’s contracting party, one relating to ‘contract’ within the meaning of Article...
View ArticleUnilever. Court of Appeal summarily dismisses CSR jurisdiction against mother...
The Court of Appeal in [2018] EWCA Civ 1532 has confirmed the High Court’s approach in [2017] EWHC 371 (QB) AAA et al v Unilever and Unilever Tea Kenya ltd, holding that there is no good arguable case...
View ArticleBNP Paribas v TRM: Competing choice of courts in the same commercial relation.
In [2018] EWHC 1670 (Comm) BNP Paribas v TRM, the High Court essentially had to hold on its jurisdiction in the face of competing choice of court clauses in an ISDA MAster Agreement (the courts of...
View ArticleSzpunar AG in C‑379/17 Società Immobiliare Al Bosco: the impact of the lex...
Is it compatible with Article 38(1) Brussels I (and the equivalent provisions in the Brussels I Recast) to apply a time limit which is laid down in the law of the State in which enforcement is sought,...
View ArticlePetronas Lubricants: Assigned counterclaims fall within the (anchor) forum...
In C-1/17 Petronas Lubricants, the CJEU held end of June, entirely justifiably, that assigned counterclaims may be brought by the employer in the forum chosen by the employee under (now) Article 20 ff...
View ArticleThe Brussels International Business Court – My notes for the parliamentary...
I was at the Belgian Parliament yesterday for a hearing on the BIBC, following publication of the Government’s draft bill. For those of you who read Dutch, my notes are attached. We were limited to two...
View ArticleKuhn: ‘Civil and commercial’ viz bearers of Greek bonds. Bot AG applies...
Advocate-General Bot opined on 4 July 2018 in the case of C-308/17 Leo Kuhn, domiciled at Vienna, who had purchased through an Austrian bank, Greek sovereign bonds. Pursuant to a forced exchanged...
View ArticleErmgassen v Sixcap Financials: Singapore High Court the first to recognise...
[2018] SGHCR 8 Ermgassen v Sixcap Financials to my knowledge is the first recognition and enforcement by any court under the 2005 Choice of Court Convention. Together with the 28 EU Member States (and...
View ArticlePlace of performance of multimodal transport. CJEU in Zurich Insurance adds...
I reviewed Tanchev AG’s Opinion in C-88/17 Zurich Insurance v Metso here. The CJEU held last week. Like its AG, it upholds the place of dispatch of the goods as being a place of performance under...
View ArticleBN Rendering: the old chestnut of Colzani featuring heavily in Scots-English...
Thank you Chloe Oakshett for flagging [2018] CSOH 45 BN Rendering Limited v Everwarm Ltd, in which the Commercial Court in Edinburgh considered its jurisdiction to enforce an adjudicator’s award. Bone...
View ArticleApple v eBizcuss. Wahl AG on choice of court, anti-trust (competition law;...
Those of us who are familiar with the issue of multilingualism and international courts, will enjoy the discussion of contractual terms in Wahl AG’s Opinion in C-595/17 Apple v eBizcuss. Not only does...
View ArticleIs the end of discovery in Ireland nigh? The Irish Court of Appeal is very...
Given that discovery plays an important factor in forum shopping, Hogan J’s very critical comments on the extensive possibilities in Ireland are quite relevant. Arthur Cox have good analysis of [2018]...
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