Kalma v African Minerals. Vicarious liability for human rights abuses at the...
[2018] EWHC 3506 (QB) Kalma v African Minerals et al was held by the High Court on 19 December 2018. It essentially entails vicarious liability of UK-incorpored companies (jurisdiction firmly settled...
View ArticleMenon CJ of Singapore’s Supreme Court on cross-border insolvency.
Many thanks to Filbert Lam for alerting me to Menon CJ’s most exquisite 2018 speech on cross-border insolvency law. His honour’s talk addresses forum shopping (including for cram down reasons), the...
View ArticleSAS Institute v World Programming. Ordre Public, res judicata, fraus and...
SAS Institute Inc v World Programming Limited [2018] EWHC 3452 (Comm) is a rare example of refusal by an English court of enforcement of a US judgment. 20 Essex Street have excellent analysis here and...
View ArticleForget what you have read. Szpunar AG does not restrict EU ‘Right to be...
I have previously reported extensively on various national and European developments re the right to have search results delisted, more popularly referred to as the ‘right to be forgotten’ (‘RTBF’ – a...
View ArticleDES v Clarins. The law applicable to ending commercial agency: Granarolo (and...
In RG 16/05579 DES v Clarins (I have a copy on file for those finding it difficult to get access) the Paris Court of Appeal on 19 September 2018 effectively applied the CJEU’s Granarolo judgment on...
View ArticleLiberato: violation of lis alibi pendens rules does not justify refusal of...
I reviewed Bot AG’s Opinion in C-386/17 Liberato here. The Court confirmed last week. Whether lis alibi pendens applies, entails applying jurisdictional rules (in essence an assessment as to whether...
View ArticleCunico v Daskalakis. Lugano Convention, employment and choice of court.
In [2019] EWHC 57 (Comm) Cunico v Daskalakis Baker J applies the employment and choice of court titles of the Lugano Convention 2007. Mr Daskalakis and the second defendant, Mr Mundhra, worked for the...
View ArticleCuzco v Tera (Chapter 11). Respect for Korean exclusive jurisdictional rule...
Thank you Dechert for flagging Case No. 16-00636 Cuzco v Tera (Chapter 11), in which Faris J with great clarity wades in on a motion to dismiss US Chapter 11 jurisdiction in favour of exclusive...
View ArticleNo VAR needed here. French Supreme Court on choice of court ex-EU in...
Thank you Hélène Péroz for flagging 17-19.935 X v AS Monaco at the French Supreme Court, held December 2018. Claimant is a former physiotherapist employed by AS Monaco. His contract included choice of...
View ArticleBosworth (Arcadia Petroleum), and Pillar Securitisation. Two AGs on protected...
Twice last week did the Lugano Convention’s protected categories title feature at the Court of Justice. On Tuesday, Szpunar AG opined in C-694/17 Pillar Securitisation v Hildur Arnadottir (consumer...
View ArticleOrdre Public in Bankruptcy. The Dutch Supreme Court confirms non-recognition...
The Dutch Supreme Court late in January has confirmed the lower court’s decision (see my report here) in Yukos, not to recognise the Russian liquidation order of 1 August 2006 regarding OAO Yukos Oil...
View ArticleKaefer Aislamientos v AMS Drilling et al. Article 25’s new clothes exposed.
[2019] EWCA Civ 10 Kaefer Aislamientos v AMS Drilling et al is a good illustration of the difficulty of privity of contract (here: privity of choice of court), and the limits to the harmonisation of...
View ArticleSir Peter Singer and languages at the European Court of Justice.
My eye fell last week-end on The Times of London’s obituary of Sir Peter Singer, z”l , who passed away late in December. The Times recall among others his linguistic skills and refer specifically to...
View ArticleCourt confirms: tortious suit brought by liquidator (‘Peeters /Gatzen’) is...
I am hoping to catch-up with my blog backlog this week, watch this space. I’ll kick off with the Court of Justice last week confirming that the Peeters /Gatzen suit is covered by Brussels I Recast....
View ArticleEva Glawischnig-Piesczek v Facebook. Hate speech a the CJEU.
In Case C-18/18, Eva Glawischnig-Piesczek v Facebook, the Austrian Supreme Court has referred a ‘hate speech’ case to Luxembourg – hearing will be tomorrow, 12 February. The Case revolves around...
View ArticleKokott AG in Kerr v Postnov(a): How house association meetings turn into a...
Advocate General Kokott opined end of January in C-25/18 Brian Andrew Kerr v Pavlo Postnov and Natalia Postnova (let’s call the case Kerr v Postnov(a)). The case concerns the application of Brussels I...
View ArticleAshley v Jimenez: Jurisdiction upheld despite choice of court ex-EU. No locus...
In [2019] EWHC 17 (Ch) Ashley et anon v Jimenez et anon service out of jurisdiction was granted against a Dubai-based defendant, despite choice of court pro the UEA. That clause was found by Marsh CM...
View ArticleNon multa, sed multum. Sovereign debt litigation in Kuhn leads to surprising...
In C-308/17 Leo Kuhn the CJEU held that Brussels Ia was not engaged for the matter is acta iure imperii. I suggested in my review of the judgment that in solely emphasising context, the Court casts the...
View ArticleDanilina v Chernukin: how a very Russian case triggers the proper law of the...
A little bit of factual background is required to understand [2019] EWHC 173 (Comm) Danilina v Chernukin. It concerns a valuable site in Central Moscow (readers of the blog and students of mine will...
View ArticleFrench Supreme Court on cover by Lugano of legal fees in criminal proceedings...
Thank you Hélène Péroz (by now a firmly established reliable source for French PIL case-law) for alerting me to French Supreme Court Case no. 17-28.555, judgment issued late January. The criminal...
View Article