Zetta Jet: COMI, time of filing, forum shopping, ordre public in insolvency....
An interesting comparison may be made between [2019] SGHC 53 Re Zetta Jet Pte Ltd and [2018] EWHC 2186 (Ch) Videology on which I reported here. Both concern recognition of foreign main (or not)...
View ArticleEma Garp Fund v Banro Corp: Chapter 15 and international comity.
Chapter 15 is the typical entry gate for a foreign insolvency practitioner to engage in US bankruptcy proceedings – it is also the general jurisdictional gateway for US courts viz international...
View ArticleZX v Ryanair: Branch jurisdiction and voluntary appearance under Brussels Ia.
In C-464/18 ZX v Ryanair, the CJEU last week succinctly held on branch jurisdiction (Article 7(5)) and on voluntary appearance under Article 26. The Court first reminds readers of the exclusion of...
View ArticleSzpunar AG on jurisdiction for trade mark infringement in AMS Neve.
Advocate General Szpunar opined end of March in C‑172/18 AMS Neve. The case concerns in essence, in the AG’s words, whether and, if so, under what circumstances, pursuant to Article 97(5) of Regulation...
View ArticleAblynx and VUB v Unilever. On Brussels Ia’s protection for choice of court...
[2019] EWHC 792 (Pat) Ablynx and VUB v Unilver engages similar discussions as Eli Lily v enentech and Chugai v UCB with the additional element of now, under Brussels Ia, the application of Artile...
View ArticleArcelor Mittal v Essar. The High Court races ahead in its support for...
[2019] EWHC 724 (Comm) ArcelorMittal USA LLC v Essar Steel Limited and others is quite the highlight in worldwide regulatory competition for championing arbitration. As 20 Essex Street note, Jacobs...
View ArticleChoice of court away from the jurisdiction: Article 25 in Brasil’s CPR rules.
A very brief post mainly for archival purposes particularly with a view to comparative conflict of laws. Tozzini Freire review the new Article 25 of Brasil’s civil procedure rules here, with a focus on...
View ArticlePan Ocean: on choice of court ‘in writing or evidenced in writing’ under...
In [2019] EWHC 982 (Comm) Pan Ocean v China-Base Group, Hancock J reviews CJEU authority old and new on Article 25 Brussels I Recast at length, starting with Colzani and Segoura and ending with Profit...
View ArticleHuawei v Conversant wireless. Reflexive application of patent validity...
In [2019] EWCA Civ 38 Huawei v Conversant Wireless (on appeal from [2018] EWHC 808 (Pat) the Court of Appeal considered whether in the event of 2 defendants being UK based (the others domiciled in...
View ArticlePillar Securitisation v Hildur Arnadottir. Material EU consumer law does not...
The CJEU held last week in C-694/17 Pillar Securitisation (v Hildur Arnadottir), on the Lugano Convention’s protected category of consumers. I have review of Szpunar AG’s Opinion here. The issues that...
View ArticleTanchev AG in C‑208/18 Petruchová. On FOREX traders as ‘consumers’ for...
Tanchev AG Opined mid last month in C-208/18 Jana Petruchová v FIBO Group Holdings, essentially on the issue whether Article 17(1) Brussels Ia is to be interpreted as covering an individual who engages...
View ArticleRamona Ang v Reliantco: On bitcoins, choice of court, complex financial...
As noted, I have come up for some air after a few hectic weeks – next case to report on is [2019] EWHC 879 (Comm) Ramona v Reliantco, held 12 April. (A similar case is pending with the CJEU against...
View ArticleStand alone cartel damages suits: The High Court in Media Saturn Holding v...
In [2019] EWHC 1095 (Ch) Media Saturn Holding v Toshiba et al, Barling J is concerned with stand-alone damages suits following the European Commission decision in COMP/39437 – TV and Monitor Tubes....
View ArticleBitcoin online resolution award refused recognition and enforcement at...
I tweeted it earlier yet was asked to put a review up on the blog (which also suits my archiving purposes) of ECLI:NL:GHAMS:2019:192 X v Y (I know that does not help much) at the Amsterdam Court of...
View ArticleKiobel v Shell in The Netherlands. Court confirms jurisdiction anchored unto...
In January 2017 I reported that Ms Kiobel, following failure to convince the USSC of jurisdiction under the Alien Tort Statute, subsequently initiated proceedings in the Dutch courts to try and sue...
View ArticleJudgment in Kerr v Postnov(a): a surprisingly swift conclusion on Article 24...
My review of Kokott AG’s Opinion C-25/18 Brian Andrew Kerr v Pavlo Postnov and Natalia Postnova (Kerr v Postnov(a)) discussed, as did the AG, the application of Brussels I Recast’s Articles 24(1) and...
View ArticleAirbus v Generali et al: The Court of Appeal on the intensity of review of...
(Apologies for the odd formatting in this post: I tried to debug this but failed. I am not wasting too much time trying, for I assume most of you do not visit the blog to enjoy its design qualities)....
View ArticleBNP Paribas: Apparently competing jurisdiction clauses under Article 25...
[2019] EWCA Civ 768 BNP Paribas v Trattamento Rifiuti Metropolitani Spa engages the issue of apparently competing jurisdiction clauses under Article 25 Brussels Ia. The appeal against Knowles J’s...
View ArticleCeDe Group v KAN. Bobek AG on the intricate applicable law provisions of the...
Bobek AG opined end of May in C-198/18 CeDe Group v KAN. I am posting a touch late for well, readers will know I have not been fiddling my thumbs. The Opinion concerns the lex causae for set-off in...
View ArticleThe CJEU in Weil: assessment of the scope of application of Brussels Ia at...
The CJEU this morning held (without AG Opinion) in C-361/18 Ágnes Weil v Géza Gulácsi. Overall context is that Brussels Ia does not apply to ‘the status or legal capacity of natural persons, rights in...
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