Indigenous rights and qualification under conflict of laws. Newfoundland and...
Fasken alerted me to, and have good review of Newfoundland and Labrador (Attorney General) v Uashaunnuat (Innu of Uashat and of Mani‑Utenam) 2020 SCC 4. The Canadian Supreme Court held that Quebec has...
View ArticleComity and ‘domestic illegality’. Colt v SGG.
International comity underlies the rule of both Ralli Brothers v Compania Naviera Sota y Aznar (‘Ralli Bros’) [1920] 2 KB 287 and Foster v Driscoll [1929] 1 KB 470, jointly known as ‘illegality under...
View ArticlePJSC v Starr. A glimpse of the complications of non-automatic recognition and...
A short note on Public Joint Stock Company (Rosgosstrakh) v Starr Syndicate Ltd & Ors [2020] EWHC 1557 (Comm) just to illustrate the complications for recognition and enforcement in the absence of...
View ArticleSenior Taxi v Agusta Westland. Again on merits review and anchor defendants.
In Senior Taxi Aereo Executivo LTDA & Ors v Agusta Westland S.p.A & Ors [2020] EWHC 1348 (Comm) Waksman J discusses the same issues which I analysed in my review of Sabbagh v Koury (and he...
View ArticleOn the benefits of summary judgment in enforcement. DVB Bank v Vega Marine.
Henshaw J in DVB Bank SE v Vega Marine Ltd & Ors [2020] EWHC 1494 (Comm) (on substance a straightforward case on sums loaned) made some important observations on the benefits of summary judgment...
View ArticleAlexander bros v Alstom. A reminder of the relevance of EU law for New York...
In Alexander Brothers Ltd (Hong Kong SAR) v Alstom Transport SA & Anor [2020] EWHC 1584 (Comm) Cockerill J discussed inter alia (at 177 ff) the impact of EU law on the ordre public assessment for...
View ArticleSzpunar AG in Ellmes Property Services. Again, on rights in rem and, more...
Acte clair is in the eyes of the beholder, I assume. However a confident judge would have sufficient CJEU authority to help them hold on the A24(1) BIa issues in C‑433/19 Ellmes Property Services in...
View ArticleThe Prestige recognition tussle – ctd. On arbitration and state immunity.
A short update on the Prestige litigation. I reported earlier on the disclosure order in the recognition leg of the case. In that review I also listed the issues to be decided and the preliminary...
View ArticleThe GDPR’s one stop shop principle put to the test in French Supreme Court...
Thank you Gaetan Goldberg for flagging that the French Supreme Court has confimed on 19 June last, jurisdiction of the French Data Protection Agency (‘DpA’), CNIL for issuing its fine (as well as...
View ArticleOn the nature of private international law. Applying islamic law in the...
Anyone planning a conflict of laws course in the next term might well consider the succinct Council of Europe report on the application of islamic law in the context of the European Convention on Human...
View ArticleSodmilab. The Paris Court of Appeal on lois de police, Rome I, II and...
Thank you Maxime Barba for flagging the judgment in the Paris Court of Appeal Sodmilab et al. (Text of the judgment in Maxime’s post). The case concerns the ending of a commercial relationship. Part of...
View ArticleFabricom: the High Court on Waste to energy – W2E and refuse derived fuel –...
In [2020] EWHC 1626 (TCC) Engie Fabricom, O’Farrell J essentially had to hold whether the primary activity at an energy from waste plant is power generation or waste treatment. The classification of...
View ArticleVilliers v Villiers. ‘Divorce tourism’ at the UKSC. An undisputed rejection...
Mr Villiers reacted to Villiers v Villiers [2020] UKSC 30 with a letter in the FT on Monday, set against the general background of ‘divorce tourism’ said to have been encouraged by the Supreme Court...
View ArticleThe CJEU’s locus damni determination in Volkswagen dismisses a US style...
Update 10 July 2020 a few hours after posting: I revisited the pending, distinct reference by the Austrian Supreme Court (see Rouzbeh Moradi’s flag here) on type approval issues (which the High Court...
View ArticleSwissport Fuelling. Another Scheme of arrangement, with a slight twist.
Swissport Fuelling Ltd, Re [2020] EWHC 1499 (Ch) at 59 ff repeats the classic (see Lecta Paper for the status quo), unresolved issue of jurisdiction for schemes of arrangement under under BIa (hence...
View ArticleJurisdiction, applicable law and the Draft Business and Human Rights Treaty....
I thought I should post briefly, including for archiving purposes, on one or two developments and recommendations viz the draft UN Business and Human Rights Treaty. This also follows exchanges I had at...
View ArticleApplicable law and statutes of limitation in CSR /business and human rights...
Hamida Begum v Maran UK [2020] EWHC 1846 (QB) engages exactly the kinds of issues that I have just posted about, in court rather than in concept. On 30th March 2018 Mr Mohammed Khalil Mollah fell to...
View ArticleThe Colouroz Investment et all Scheme of arrangement. Change to asymmetric...
In Colouroz Investment et al [2020] EWHC 1864 (Ch.), Snowden J at 59 ff considers the classic issues (see ia Lecta Paper) on the jurisdictional issue: no cover under the Insolvency Regulation; cover...
View ArticleBundeszentralamt Fur Steuern v Heis. On comity, staying proceedings, and the...
Bundeszentralamt Fur Steuern (Being the Federal Central Tax Office of the Federal Republic of Germany) & Ors v Heis & Ors [2019] EWHC 705 (Ch) was held in March 2019 bit only came unto BAILII...
View ArticleThe CJEU in Movic on enforcement of unfair trading practices and the less...
I reviewed Szpunar AG’s Opinion in C-73/19 Belgische Staat v Movic BV et al here. The CJEU held this morning. At the time of posting an English version of the judgment was not yet available. The case...
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