Inversiones v Cancun. The Dutch Supreme Court on counterclaims and locus...
This post can be classified under ‘better late than never’. Thank you Irina Timp for flagging in December, Inversiones v Cancun at the Dutch Hoge Raad. The case concerned alleged dilution of one...
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Federal Arbitration Act Preempts Florida State Statute Which Prohibits...
Reference to the similar law in New York was made in Dankor: see https://wp.me/p289fR-1l2. This judgment puts pressure on the use of ordre public to enforce ‘local courts only’ rules, although prima...
View ArticleCommitteri v Club Med. The Court of Appeal parades CJEU precedent to...
[2018] EWCA Civ 1889 Committeri v Club Med , appeal against Dingeman J’s findings in [2016] EHWC 1510 (QB) featured in a recent resit exam of mine, slightly later reporting therefore. Dingeman J’s...
View ArticleLi Shengwu, Singapore: Serving out of jurisdiction in contempt of court cases.
Many thanks to Filbert Lam, a former student of mine, for alerting me to another interesting case in comparative conflict of laws: the story of Li Shengwu is recalled here. The Singapore Prime...
View ArticleFeniks: CJEU holds, in my view incorrectly, that Actio Pauliana falls under...
I called Bobek AG’s Opinion in C-337/17 ‘solid’ – by which I also implied: convincing. Is the actio pauliana by a Polish company against a Spanish company, which had bought immovable property from the...
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Tripping the Mind Fantastic: Imagined Orders
An essay about the European narrative. A long read – well worth it. EU Perspectives KJ Garnett Brexit and Trump have opened up a new world of understanding that I hitherto grasped but was unable to...
View ArticleReliance: More than just the Act of State doctrine.
Popplewell J held in [2018] EWHC 822 (Comm) Reliance v India in April. This post therefore is not a claim to speedy reporting (Allen & Overy have excellent review here). Rather, a quick note on the...
View ArticleLloyd v Google. High Court rejects jurisdiction viz US defendant, interprets...
Warby J in [2018] EWHC 2599 (QB) Lloyd v Google (a class action suit with third party financing) considers, and rejects, jurisdiction against Google Inc (domiciled in the US) following careful...
View ArticleDone but not dusted. Sophocleous v Foreign Secretary (hisoric human rights...
[2018] EWCA Civ 2167 Sophocleous v Foreign Secretary et al is a good reminder that conflicts rules past have a tendency not to be so easily forgotten. And in the case of the English law, one or two of...
View ArticleApple v eBizcuss. CJEU leaves open all options on choice of court and...
My review of Wahl AG’s Opinion gives readers necessary detail on C-595/17 Apple v eBizcuss. In 2012 eBizcuss started suing Apple for alleged anti-competitive behaviour, arguing Apple systematically...
View ArticleVideology: Snowden J’s textbook consideration of COMI under UNCITRAL Model...
Looking at my back queue for blog postings, [2018] EWHC 2186 (Ch) Videology is one I do wish to bring to the attention of my readers. Snowden J refused to recognise proceedings under Chapter 11 of the...
View ArticleLiu v Ma. NSW (Australian) PIL happy to enforce foreign judgments where...
Another case in my backlog for some time, and thank you Sarah McKibbing for flagging, some time back, [2017] VSC 810 Liu v Ma, A recent VSC decision, Liu v Ma, held that nationality is sufficient to...
View ArticleBento Rodrigues (Samarco dam victims) v BHP Billiton in the English courts. A...
The media have been reporting on a considerable class action lawsuit, underway in the English courts, in the Corporate Social Responsibility /mass torts category. The class action case was filed...
View ArticleQingdao Huiquan: Anti-suit injunction against a non-party to exclusive choice...
Thank you 20 Essex Street for flagging (and analysing) [2018] EWHC 3009 (Comm) Qingdao Huiquan, granting anti-suit against a foreign litigant who is not a party to an exclusive choice of forum...
View ArticleMB v TB. When is a court ‘seized’ under EU civil procedure /private...
When is a court ‘seized’ under EU civil procedure /private international law? The question is highly relevant in light of the application of the lis alibi pendens principle: the court seized second in...
View ArticleErgo, and Haras des Coudrettes. Provisional measures under Brussels I Recast...
Thank you Nicolas Contis and Leonardo Pinto for reporting judgments by the French Supreme Court (Cour de Cassation) 16-19-731 Ergo Versicherung v Volker and 16-27.913, Haras des Coudrettes v X, both...
View ArticleThe Brussels International Business Court – Council of State continues to...
I have reported twice before on the BIBC – once viz the initial version and a second time with my short report for the Parliamentary Hearing. I have now had a minute to review the Council of State’s...
View ArticleVis (non) attractiva concursus. Bobek AG suggests tortious suit brought by...
I earlier posted a guest blog on the qualification of the Dutch Peeters /Gatzen suit, a damages claim based on tort, brought by a liquidator against a third party having acted wrongfully towards the...
View ArticleWiemer & Trachte v Tadzher: vis attractiva concursus leads to exclusive...
The pauliana rings extensively at Kirchberg these days and months. Two days ago the Court held in C‑296/17 Wiemer & Trachte. Following Wahl AG’s Opinion (which is not available in English), the...
View ArticleSovereign debt litigation in Kuhn: ‘Civil and commercial’ viz bearers of...
I had earlier reviewed Bot AG’s Opinion in C-308/17 Leo Kuhn, in which the Court held on Thursday. The case concerns the retrofit introduction of CACs – Collective Action Clauses, in Greek bonds,...
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