First analysis of the European Parliament’s draft proposal to amend Brussels...
Thank you Irene Pietropaoli for alerting me to the European Parliament’s draft proposal for a mandatory human rights due diligence Directive. The official title proposed is a Directive on Corporate Due...
View ArticlePJSC Tatneft v Bogolyubov. Privilege under English law as lex fori.
PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 2437 (Comm) is another example of a case where privilege is firmly considered to be subject to lex fori, like in the New York courts but unlike the...
View ArticleTravelport. This one’s for comparative lawyers: Covid19, Pandemics and...
A short note for the benefit of comparative contract lawyers who may find some interesting material when looking into the failed LVMH /Tiffany acquisition. That acquisition agreement (see SEC filing...
View ArticleLange v Lange. The Trans-Tasman Proceedings Act 2010’s equivalent of CJEU’s...
Update 15 October 2020 many thanks Jack Wass for providing link to judgment, here. As I seem to be in a comparative mood today, thank you Jan Jakob Bornheim for flagging [2020] NZHC 2560 Lange v Lange....
View ArticleNo instant forum coffee. Selecta: Some more substantial reflection on...
In Selecta Finance UK Ltd, Re [2020] EWHC 2689 (Ch) Johnson J considered the jurisdictional issues for schemes of arrangement in a touch more detail than recently has been the regular method in both...
View ArticleThe French Supreme Court confirms English law denial of adopted’s right to...
A quick note for archival purposes on the French Supreme Court judgment earlier this month in which it upheld the lower courts’ decision (which had been reversed upon appeal) that European Convention...
View ArticlePhilips v TCL. On lis alibi pendens /res judicata, and FRAND proceedings.
In Koninklijke Philips NV v Tinno Mobile Technology Corporation & Ors [2020] EWHC 2553 (Ch) Mann J considers the English side of a licence on ‘FRAND’ (fair, reasonable and non-discriminatory)...
View ArticleLopesan Touristik v Apollo Principal Finance. Importance of choice of court...
Another day and another application for a stay on the basis of Article 30 Brussels Ia. Lopesan Touristik SA v Apollo European Principal Finance Fund III (Dollar A) L.P. & Ors [2020] EWHC 2642...
View ArticleShenzen Senior Technology Material v Celgard. On Rome II’s rule applicable...
Shenzhen Senior Technology Material Co Ltd v Celgard, LLC [2020] EWCA Civ 1293 concerns an appeal against service out of jurisdiction (the judgment appealed is [2020] EWHC 2072 (Ch)). Celgard allege...
View ArticleChoice of law and arbitration: the UK SC in Enka v Chubb unlikely to settle...
I discussed the first instance judgment in Enka Insaat here and the Court of Appeal’s findings here. The Supreme Court’s judgment, Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38...
View ArticleBanco San Juan v Petroleos De Venezuela: Another call for lois de police and...
Banco San Juan Internacional Inc v Petroleos De Venezuela SA [2020] EWHC 2937 (Comm) is a lengthy judgment which I report here for its discussion of Rome I Article 9’s provisions on overriding...
View ArticleRCT Holdings v LT Game. Supreme Court of Queensland sees no reason to...
Thank you Angus Macinnis for flagging RCD Holdings Ltd & Anor v LT Game International (Australia) Ltd [2020] QSC 318 in which Davis J upheld choice of court in favour of the courts at Macau and...
View ArticleHigh Court declines jurisdiction in Municipio de Mariana. An important (first...
I am instructed for claimants in the case hence my post here is a succinct report, not a review and it must not be read as anything else. Turner J yesterday struck out (not just: stayed) the case...
View ArticleQatar Airways v Middle East News (Al Arabiya). On forum non and determining...
Forum non conveniens featured not just in Municipio de Mariana at the High Court yesterday but also in Qatar Airways Group QCSC v Middle East News FZ LLC & Ors [2020] EWHC 2975 (QB). Twenty Essex...
View ArticleTroke v Amgen. On lex causae for interest and the procedural exception of...
Troke & Anor v Amgen Seguros Generales Compania De Seguros Y Reaseguros SAU (Formerly RACC Seguros Compania De Seguros Y Resaseguros SA) [2020] EWHC 2976 (QB) is an appeal against a decision of the...
View ArticleThe CJEU in Ellmes Property Services. Forum contractus in the case of real...
The CJEU held yesterday in C‑433/19 Ellmes Property Services. On the application of Article 24(1) Brussels Ia rights in rem it confirms Szpunar AG’s Opinion which I discussed here: the erga omnes...
View ArticleNapag Trading v Gedi. A right Italian tussle on libel over the internet,...
Napag Trading Ltd & Ors v Gedi Gruppo Editoriale SPA & Anor [2020] EWHC 3034 (QB) engages (and refers to) the issues I previously reported on in inter alia Bolagsupplysningen, Saïd v L’Express,...
View ArticleKCA Deutag throws contractual commitment not to oppose into the scheme of...
KCA Deutag UK Finance PLC, Re (In the Matter of the Companies Act 2006) [2020] EWHC 2977 (Ch) is in most part a classic scheme of arrangement sanctioning hearing, with the scheme proposed by a...
View ArticleRyanair v DelayFix. The CJEU dots some i’s on choice of court and unfair...
In C-519/19 Ryanair v DelayFix, the CJEU held yesterday. The case echoes the facts in Happy Flights v Ryanair at the Belgian Supreme Court. Following inter alia CJEU Jana Petruchova, the (absence of)...
View ArticleThe CJEU in Wikingerhof on distinguishing tort from contract between...
Update 25 November 10:38 AM: Readers may want to refer to the discussion posted to Tobias Lutzi’s view on the case, which I will not copy /paste here save for my initial reply: ‘I believe Tobias’...
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