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ECJ in Google Spain confirms reach of EU Data Protection Directive. Right to...
I reported earlier on the AG’s Opinion in Google Spain. The Court held this morning. It broadly confirms the AG’s view on jurisdiction however it did effectively read a (conditional and incrimental)...
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Forum shopping alive and well outside the EU Insolvency Regulation. High...
In Kekhman, the High Court (Kekhman) refused to reverse an earlier decision establishing jurisdiction for personal bankruptcy. COMI was not in the EU- the Insolvency Regulation therefore does not...
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Does Italian civil procedure infringe special jurisdictional rules under the...
Thank you to Francesca Petronio and Fabio Cozzi for pointing out relevant new rules of Italian civil procedure prima facie raising issues under the special jurisdictional rules of the Brussels...
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Location of damage resulting from law firm’s alleged wrongful inducement in...
AMT v Marzillier concerns special jurisdiction under tort, Article 5(3) of the Brussels I-Regulation, in the event of a loss of contractual right. Here: the loss, allegedly due to wrongful inducement...
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Swiss ‘Sabena’ judgment interprets Lugano insolvency exception. Eventual...
In SAirLines AG v Masse en faillite ancillaire de Sabena SA, the Swiss Bundesgericht (Federal High Court) held that the request by the liquidators of Sabena (the former Belgian national carrier) to...
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Court of Appeal suggests in Dal Al Arkan that Choudhary reading of Article...
In Dar Al Arkan, the Court of Appeal has suggested that the Court’s reading of Article 22(5) of the Brussels I-Regulation in Choudhary was per incuriam (meaning, in short, without reference to...
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Does the EU need an arbitration Regulation?
John Gaffney has written a well considered paper on the need for an EU Arbitration Regulation, within certain specific confines. It highlights inter alia the possibilities under among others the New...
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Conflicts, conflicts everywhere? The Hong Kong High Court in Chinachem.
It must be those late nights spent marking exam papers. (Thank goodness there is the World Cup to take the edge off that exercise this year). Either that or generally the twisted mind of a conflicts...
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The ECJ in Vapenik: on the perils of cross-interpretation in consumer law
The ECJ held in Vapenik some time ago (December 2013) however I briefly revisit the case on account of Elsemiek Apers writing a case-note on it. The case interprets Article 6(1) d of the European...
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Should Bank St Petersburg anti-enforcement injunctions fall foul of the...
In Bank St Petersburg, the High Court issued an anti-enforcement injunction on 14 May. The Bank had obtained a number of Russian judgments in their favour (in interlocutory proceedings), which they...
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Martrade Shipping: choice of law means that law can decide the limits to...
In Martrade Shipping v United Enterprises Corporation, the High Court considered the appeal against an arbitration award in relation to the applicability of the Late Payment of Commercial Debts...
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Retrospective legislation that interfered with judicial ruling violated the...
Geert Van Calster:A warning for other ECHR governments tempted…. (and in contrast with earlier successful Government interfering elsewhere /in other areas, such as town planning, and environment)....
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Calling time on ‘contract’ and ‘tort’ between contracting parties. The ECJ in...
When does a spat between contracting parties become a tort really? Relevant for all sorts of reasons of course. Not in the least, in Brogsitter, with a view to establishing jurisdiction. Mr Brogsitter...
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To frack or not to frack – Germany puts a (temporary?) end to the fracking...
Originally posted on FRacturing law blOG: After considerable back and forth (reported on earlier here and here ) the German Environment Ministry and the Ministry of Economics have agreed on six key...
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Al Shimari v. CACI: An ATS case found to touch and concern the US with...
Regular or indeed occasional readers of the blog will have been following developments in US case-law since SCOTUS issued its ruling in Kiobel. In Al Shimari v. Caci, the fourth circuit Court of Appeal...
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Recognition and enforcement continued: The view from the Crimea.
With state succession comes a need for judicial re-organisation, as well as a series of practical considerations for the recognition and enforcement of judgments et al issued by authorities of the...
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Insolvency, Brussels I and Lugano: Enasarco v Lehman Brothers upholds strong...
In Enasarco v Lehman Brothers, the High Court was asked to stay English proceedings following jurisdictional issues of a derivative agreement between Enasarco and Lehman Brothers Finance (LBF). Swiss...
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Court of Appeal suggests in Dal Al Arkan that Choudhary reading of Article...
In Dar Al Arkan, the Court of Appeal has suggested that the Court’s reading of Article 22(5) of the Brussels I-Regulation in Choudhary was per incuriam (meaning, in short, without reference to...
View ArticleClik here to view.
Does the EU need an arbitration Regulation?
John Gaffney has written a well considered paper on the need for an EU Arbitration Regulation, within certain specific confines. It highlights inter alia the possibilities under among others the New...
View ArticleClik here to view.
Yukos v Tomskneft: Ireland rejects ‘parochial’ jurisdiction in enforcement of...
When should a court being asked to apply the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) – the ‘New York Convention‘, look mercifully on forum shopping...
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