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Christmas crums part II –ÖFAB confirms narrow scope of the insolvency...
Ok, I cheat. Judgment of the ECJ in ÖFAB is in fact a left-over of my summer queue. Contractual claims for payment against a Swedish company (Copperhill) had been assigned to Invest, equally domiciled...
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Should arbitral anti-suit injunctions follow the West Tankers fate?...
In Case C-536/13 Gazprom, the Lithuanian Supreme Court has challenged the ECJ to specify the limits (or not) of its findings in West Tankers – on which I have reported extensively elsewhere. The Court...
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Where are all the dead pigeons? Proposed amendment to the Brussels...
The proposal to amend Regulation 1215/2012 is due to be adopted by the European Parliament before its election recess. It forms part of the rather complex set of arrangements to introduce the Unified...
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The High Court accepts jurisdiction in ‘Safari users’ [Vidal-Hall et al v...
In Vidal-Hall et al v Google Inc, the High Court assessed its jurisdiction against Google Inc and found no reason to apply forum non conveniens. Google UK was not involved, the Jurisdiction Regulation...
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Liability for defective products and the relationship between Brussels I and...
In Case C-45/13 Andreas Kainz v Pantherwerke AG, the ECJ held on the determination of locus delicti commissi, the place giving rise to the damage, in the case of defective products. It held this was...
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Habas and VSC: Lex arbitri, the bootstrap principle and the irrelevance of...
In Habas and VSC Steel, the Commercial Court applied the Sulamerica route (subsequently applied in Arsanovia) to determine the lex arbitri: the law applicable to the arbitration agreement. Chosen seat...
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USSC rejects US jurisdiction in Daimler v Bauman. General jurisdiction not...
The United States Supreme Court on 14 January rejected US jurisdiction in Daimler v Bauman. See previous posting on this case here and ultra-short reference here. Chief Justice Roberts’ and concurring...
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Schmid v Hertel: ECJ confirms ‘extraterritorial’ reach of insolvency...
Less is more, I know – Apologies for the long title and thank you to Matthias Storme for highlighting the case. In Case C-328/12 Ralph Schmid v Lilly Hertel, Schmid was the German liquidator of the...
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Aarhus: CJEU rules against UK costs regime
Geert Van Calster:I have previously reported on same – and have reblogged earlier reporting by UK HR blog. Happy to do so again. Aarhus teeth have real bite! Geert. Originally posted on UK Human Rights...
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Rolex v Blomqvist. ECJ confirms irrelevance of ‘focus and target’ or...
After its withholding of mere accessibility of a site as a jurisdictional trigger for copyright infringement in Pinckney, the ECJ has now accepted that the mere acquisition of a good by a person...
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Pioneer 1507: Is it a sci-fi toy? Is it a Star Wars sub-plot? Or is it food?
Geert Van Calster:I have a lot of sympathy for ‘do we need it’ as a regulatory trigger. Struggled with it myself when we looked into the regulation of nanotechnology. As a trade lawyer, the immediate...
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Cartier v Ziegler: No positive action required by court first seized to...
In Cartier v Ziegler, Case C-1/13, the Court of Justice held that the application of Article 27′s Lis Albi pendens rule (Brussels I Regulation) does not require a formal decision by the national court...
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EU to become party to The Hague Choice of Court Convention. Not necessarily a...
The European Commission has adopted its proposal for a Council decision on the approval, on behalf of the EU, of the Hague Convention of 30 June 2005 on Choice of Court Agreements. The Convention,...
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Stockholm 2.0 (or Strasbourg 1.0). The EU Justice Agenda for 2020.
The EU Commission has launched its update to the Stockholm program, its agenda for the EU’s judicial area. Conflict of laws is part of the EU’s judicial area program, whence part of the new program...
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Pike & Doyle at the High Court: forum non conveniens and the need for...
In Pike & Doyle v the Indian Hotels Company Limited, the High Court withheld its jurisdiction in the case of two (surviving but injured) victims of the Mumbai terror attacks. The UK Human Rights...
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Wall v Mutuelle De Poitiers Assurances: what is ‘procedure’ under Rome II?
As readers will be aware, the Rome II Regulation on the law applicable to non-contractual obligations, harmonises Member States’ governing law rules on non-contractual obligations (not entirely...
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Lis alibi pendens rule does NOT apply (to the court seized second having such...
In Weber v Weber the ECJ gave helpful clarification of the non-application of the strict lis alibi pendens rules of the Jurisdiction Regulation in the event of infringement of the Regulation’s...
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Apcoa scheme of arrangement: Convening hearing gives firm but considered...
The title of this piece is as considered as Hildyard J’s approval of the application for an order to convene scheme meetings for the purpose of considering, and if thought fit approving, schemes of...
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A death prolonged or hope renewed? The ‘Apartheid’ twist to Kiobel and the ATS.
In Kiobel, the USSC /SCOTUS held on the basis of extraterritoriality: under what circumstances may US courts recognize a cause of action under the Alien Torts Statute, for violations of the law of...
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Digital import suffices for jurisdiction of the US International Trade...
The US International Trade Commission has held (in re Align Technology Inc, 337-TA-833) that electronic /digital import of plans and manuals with a view to producing moulds for dental aligners (braces)...
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