Angola v Perfectbit et al: Residual English jurisdiction continues to be...
My reporting on [2018] EWHC 965 (Comm) Republic of Angola v Perfectbit et al is a bit overdue – the case came to my attention again recently in the context of a non-EU brief and I am grateful to Allen...
View ArticleThe Brussels Court of Appeal on joinders in the Lugano Convention (in Re Fifa...
Thank you Quentin Declève and co-authors for reporting a short while back the Brussels Court of Appeal judgment in RFC Seraing and Doyen Sports v Belgian FA /FIFA /UEFA. (Judgment may be consulted here...
View ArticleFacebook appeal against UK fine puts territoriality of data protection in the...
I have an ever-updated post on Google’s efforts to pinpoint the exact territorial dimension of the EU’s data protection regime, GDPR etc. Now, Facebook are reportedly appealing a fine imposed by the...
View ArticleDeutsche Apotheker- und Arztebank v Leitzbach. A straightforward COMI...
I am working on rather intricate conflicts issues this week (which I am enjoying) so I am turning to the blog for a little cerebral relief (equally pleasing). In [2018] EWHC 1544 (Ch) Deutsche...
View ArticleStripes US. High Court considers jurisdiction for scheme of arrangement in...
In [2018] EWHC 3098 (Ch) Stripes US, Smith J deals with jurisdiction for schemes of arrangement in the now well established way (see my last report on same in Algeco): The EU’s Insolvency Regulation is...
View ArticleDutch Supreme Court refers conflicts relevant questions on posted workers...
Thank you MPI’s Veerle Van Den Eeckhout for pointing out a highly relevant reference to the CJEU by the Dutch Supreme Court /Hoge Raad. The link between the posted workers Directive and conflict of...
View ArticleEDPB guidelines on the territorial reach of the GDPR: Some clear conflicts...
GDPR (General Data Protection Regulation) aficionados will have already seen the draft guidelines published by the EDPB – the European data protection board – on the territorial scope of the...
View ArticleGriffin v Varouxakis: (obiter) rejection of jurisdiction on the basis of...
In [2018] EWHC 3259 (Comm) Griffin v Varouxakis, Males J gives an obiter masterclass in the (ir)relevance of indirect damage for the establishment of jurisdiction. Objections to jurisdiction where...
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PrivatBank v Kolomoisky and Boholiubov. The High court puts the spotlight on...
In [2018] EWHC 3308 (Ch) PrivatBank v Kolomoisky and Boholiubov et al the High Court has set aside a worldwide freezing order (‘WFO’) granted earlier at the request of Ukraine’s PrivatBank, against...
View ArticleGlaxo v Sandoz. Collateral use of evidence. Discovery (‘disclosure’) shopping...
Glaxo Welcome v Sandoz et al [2018] EWHC 3229 (Ch), puts the spotlight on an important part of international forum shopping, namely discovery /disclosure, in particular collateral use of document...
View ArticleNational Bank of Kazakhstan v Bank of New York Mellon. Branches’ activities,...
Thank you Ali Malek QC who acts for claimants (and who as I have noted, is a busy and efficient bee in international litigation land) for alerting me to a further episode of Kazakhstan v BNYM. This...
View ArticleBUAK. Bot AG on the concept of ‘court’ in the Brussels I Recast.
In Case C-579/17 BUAK (Bauarbeiter-Urlaubs- u. Abfertigungskasse v Gradbeništvo Korana d.o.o.) Bot AG opined end October – the English version is not yet (if ever) available. The case was formulated by...
View ArticleFloating/Invalid Choice of Law Clauses. The Singapore High Court in Shanghai...
Marcus Teo has excellent analysis of Shanghai Turbo Enterprises Ltd v Liu Ming [2018] SGHC 172. The issue is well-known in contract law as such and takes one or two special forms in conflicts: what is...
View ArticleProtection of privacy and private international law. Interim ILA report.
A short post effectively to deposit relevant documentation on the issue of privacy and private international law – which I frequently report on on the blog (e.g. use tag ‘rtbf’, or ‘internet’, or...
View ArticleThe Hague Judgments project rolls on. And a quick note on [2018] FCA 549...
Kraft Foods v Bega Cheese [2018] FCA 549 was signalled to me by Michael Mitchell back in early May – now seems a good opportunity briefly to report on it. The Federal Court of Australia issued an...
View ArticleAlmazeedi v Penner. Independence of the judiciary in international commercial...
[2018] UKPC 3 Almazeedi v Penner at the Privy Council was recently brought to my attention by Christopher Grout. The case concerns a challenge to the independence of a judge sitting in the Financial...
View ArticleCaribonum Pension Trustee v Pelikan. Ability of foreign defendant to satisfy...
Facts in [2018] EWHC 2321 (Ch.) Caribonum Pension Trustee v Pelikan are summarised by Anthony Garon here. A suggestion of abuse of process /Fraus was rejected by Clark M. Of interest to the blog is the...
View ArticleTerritoriality and delisting. Google score (cautious) French points ahead of...
On Thursday the Advocate-General will opine in C-136/17 G.C. e.a. and C-507/17 Google (FR) – on which I reported ia here. The issue is, in the main, the territorial scope of EU data protection laws. X...
View ArticleHeller v Uber at the Ontario Court of Appeal: arbitration clause requiring...
Thank you Christopher Burkett for alerting me to Heller v. Uber Technologies Inc., 2019 ONCA 1. The case is reminiscent of California’s Senate Bill 1241 (review here) and of an article that I...
View ArticleNevsun Resources Ltd. v. Gize Yebeyo Araya, et al. Some of the unanswered...
Plenty of goings-on in the Corporate Social Responsibility /mass torts category, as regular readers of the blog and /or my Twitter-feed will know. Thank you Jutta Brunnée for alerting us to Nevsun...
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