Central Santa Lucia L.C. v. Meliá Hotels International S.A.: Spanish court...
Thank you Antonio Pastor for signalling Central Santa Lucia L.C. v. Meliá Hotels International S.A., litigation on which also more background here. The Spanish courts at MAllorca (appeal expected)...
View ArticleED&F Man Capital Markets v Come Harvest Holding et al. Court of Appeal...
In [2019] EWCA Civ 2073 the Court of Appeal on Tuesday confirmed the High Court’s analysis of Vedanta. I discuss the High Court’s finding at length here. Best simply to refer to that post – readers of...
View ArticleVestel v HEVC Advance (Delaware) and Philips (NL). High Court denies...
In [2019] EWHC 2766 (Ch) Vestel Elektronik v HEVC Advance and Koninklijke Philips NV, Hacon J found no jurisdiction in a stand-alone competition law damages case (no finding of infringement yet; claim...
View ArticleCanadian recognition of Syncreon Group English Scheme of Arrangement...
An essentially Dutch group employs English restructuring law and has the resulting restructuring recognised in Canada. Need one say more to show that regulatory competition is alive and well and that...
View ArticleRahmatullah and Ali v MOD and FCO. The High Court on the law applicable in...
In [2019] EWHC 3172 (QB) Rahmatullah and Ali v Ministry of Defence and the Foreign and Commonwealth Office claimants argue on the basis of the torts of negligence and misfeasance in public office. They...
View ArticleLis alibi pendens denied traction in Lotus v Marcassus Sport.
[2019] EWHC 3128 (Comm) Lotus v Marcassus Sport Sarl concerns the application of Articles 29-30 Brussels Ia – the lis alibi pendens rules. Lotus, an English company, is a well-known manufacturer of...
View ArticleDinant Bar v maître JN. CJEU confirms Bar membership fees are in principle...
The CJEU on Thursday last week largely confirmed Saugmansdgaard ØE’s Opinion which I reviewed here, in C-421/18 Dinant Bar v maître JN, however with different emphasis than the AG. The Court insists...
View ArticleKinsella et al v Emasan et al. Documenting choice of court under the Lugano...
[2019] EWHC 3196 (Ch) Kinsella et al v Emasan et al is not quite as extensive an analysis on choice of court as Etihad Airways v Prof Dr Lucas Flöther which I review here. Nevertheless the required...
View ArticleA v OOO “Insurance Company Chubb” et al. Anti-suit pro arbitration does have...
In A v OOO “Insurance Company Chubb” [2019] EWHC 2729 (Comm), Carr J refused an ex parte application for interim relief seeking (i.a.) anti-suit and discontinuation of Russian proceedings, pro agreed...
View ArticleSupreme v Shape: Dutch Appellate Court rules on the merits of immunity and A6...
With the festive season approaching, I am happy to give the floor to María Barral Martínez, currently trainee at the chambers of Advocate General Mr Manuel Campos Sánchez-Bordona for her update on...
View ArticleAgbara et al v Shell. Recognition /enforcement, ordre public and natural...
[2019] EWHC 3340 (QB) Agbara et al v Shell Nigeria et al (thank you Adeole Yusuf for flagging) illustrates what many a conflict teacher initiates classes with. There is some, but often limited use in...
View ArticleA few recent examples of English Courts and English law’s knack for...
Happy 2020 reading, all! At the back of my mind I have a number of interesting examples of the English Courts and English law’s awareness of the relevance of courts and substantive law in regulatory...
View ArticleUB v VA (Tiger SCI): The CJEU dots the i’s on forum rei sitae in insolvency.
In C-493/18 UB v VA, proceedings took place between UB, on the one hand, and VA, Tiger SCI, WZ, as UB’s trustee in bankruptcy, and Banque patrimoine et immobilier SA, on the other, concerning the sale...
View ArticlePunjab National Bank. In a complex set of claims, Owusu is never easily...
In [2019] EWHC 3495 (Ch) Punjabi National Bank v Ravi Srnivasan et al three loan transactions lie at the core of the case. They were made between 29th March 2011 and 1st December 2014, and totaled some...
View ArticleMcDonald v Broadspectrum. When does a claim by an employee against her...
[2019] QSC 313 McDonald v Broadspectrum can go straight into the comparative binder – thank you Angus Macinnis for signalling it. A teacher employed by Broadspectrum on Nauru, sues it for personal...
View ArticleSpanish Supreme Court eases exequatur requirement under (2001) Brussels I.
A short post and thank you Laura Ruiz for flagging a ruling by the Spanish Supreme Court in which it essentially seems to have pre-applied the Brussels Ia Regulation (1215/2012) to proceedings...
View ArticleSuing the Chief of the Israeli General Staff in The Netherlands. Ismail Ziada...
Since the news broke in Mid-September of a Dutch claimant of Palestinian descent, suing former Chief of the General Staff Benjamin Gantz in The Netherlands, I have regularly checked ECLI NL for any...
View ArticleShips classification and certification agencies: The immunity ship ain’t...
In C‑641/18 Szpunar AG opined on Tuesday and notes that the request of the referring court brings to mind the current debate about the influence of human rights on private international law. It seeks...
View ArticleAnti-suit and arbitration. Enka Insaat ve Sanayi v OOO “Insurance Company...
[2019] EWHC 3568 (Comm) Enka Insaat ve Sanayi v OOO “Insurance Company Chubb” et al. is the very swift follow-up to [2019] EWHC 2729 (Comm) which I review here. I flag the case mostly for: at 8, Baker...
View ArticleTwo negatives a positive make? A brief report on anti anti-suit in (among...
A flag on anti anti-suit. Steve Ross reports here on the Paris Court of First Instance (Tribunal de Grande Instance) judgment in RG 19/59311 IPCom v Lenovo /Motorola granting a preliminary injunction....
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