Abu Dhabi Commercial Bank v Shetty. Rome II applicable law for fraud,...
Abu Dhabi Commercial Bank Pjsc v Shetty & Ors [2022] EWHC 529 (Comm) engages Rome II by way of the applicable law to the claim playing a role in the forum non conveniens challenge. (Compare BRG...
View ArticleGalapagos Bidco v DE. The CJEU fails to clarify whether move of COMI by mere...
Krzysztof Pacula reported end of March on CJEU C-723/20 Galapagos Bidco v DE and justifiably highlighted the Brexit issue. The case concerns a move of COMI – centre of main interest within the context...
View ArticlePal v Damen. A haywire engagement with the consumer, contract section of...
Pal v Damen & Anor [2022] EWHC 4697 (QB) is another application (compare Clarke v Kalecinski) of Brussels Ia’s consumer section to cosmetic surgery contracts. Respectfully, the analysis is a...
View ArticleThe CJEU confirms a corporation’s general duty of care is not caught by the...
The CJEU a little while back held in C‑498/20 ZK v BMA on the applicable law for the Dutch ‘Peeters Gatzen’ suit, for which I reviewed the AG Opinion here. The suit is a tortious suit brought by a...
View ArticleThe Prestige litigation before the CJEU. A tricky Opinion on court-sanctioned...
I give background to Collins AG’s Opinion in C-700/20 The London Steam-Ship Owners’ Mutual Insurance Association Limited v Kingdom of Spain here. The Court of Appeal nota bene in the meantime has held...
View ArticleKumlin v Jonsonn. Judge dismisses jurisdiction for most of Swedish...
Kumlin & Anor v Jonsson & Ors [2022] EWHC 1095 (QB) disciplines forum shopping, in this case libel tourism, in a claim that is considered a SLAPP: a Strategic Lawsuit against public...
View ArticleGuistra v Twitter. The BC Supreme Court on suing Twitter for libel in Canada,...
A post I started writing on 14 December 2021 so it’s about time I’ld finish it. In Guistra v Twitter 2021 BCCA 466 (the case echoes Haaretz in Ontario) the Supreme Court of British Columbia with...
View ArticleBourlakova v Bourlakov. An ‘everything including the kitchen sink’...
‘Soonish’ was pretty accurate – I have been busy teaching LAW5478 at Monash. In Bourlakova v Bourlakov [2022] EWHC 1269 (Ch), Trower J held ia against a stay of English proceedings on Article 34...
View ArticleSuez Water NY v Dupont, Chemours: PFAS /PFOAs forever chemicals jurisdiction,...
I tweeted on the case at the time I think and now bumped into it as per ‘too many open browser windows -syndrom’ ;-): Liman J’s January’s judgment in Suez Water New York v Dupont, Chemours et al serves...
View ArticleFDI v Barclays and others. A case-management stay on clarification grounds...
I am in tidying up mode clearly for my goodness I have way too many windows open on various browsers. And as always: Bloggo, ergo sum. (Or at the least: when I blog and /or Tweet the cases seem more...
View ArticleSCOTUS in ZF Automotive v Luxshare. A break on discovery tourism in arbitration.
The arbitration community in particular was eagerly awaiting judgment of the US Supreme Court in ZF Automotive v Luxshare. SCOTUS has now held that the use of the relevant US CPR rule, on assistance of...
View ArticleBrussels Ia and arbitration. The Prestige aka London Steam-Ship Owners’...
I have a bit of catching up to do with the blog and I shall start with the case that is currently also being discussed over at the EAPIL blog. The CJEU has held in C-700/20 London Steam-Ship Owners’...
View ArticleTilman v Unilever. A preliminary reference on flag-wrap B2B choice of court...
A puzzling title perhaps I agree but let me explain. Thank you Matthias Storme for alerting me to the May 2021 preliminary reference by the Belgian Supreme Court, a reference now known at the CJEU as...
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Some pondering on EU reception of Celsius’ GTC choice of court and -law.
When prof Bookman asked my input on Celsius’ choice of court and governing law’s clause in its GTCs, I was otherwise engaged. Subsequently I waited with an answer for I used the issue for an exam...
View Article27 July ABLI-HCCH webinar: Cross-Border Commercial Dispute Resolution.
The Singapore-based Asian Business Law Institute (ABLI) is organising a second joint webinar with the Permanent Bureau of the Hague Conference on Private International Law (HCCH) on 27 July. Titled...
View ArticleBarings et al succeed in first instance winding up order against Galapagos on...
I discuss the background to Barings (UK) Ltd & Ors v Galapagos SA [2022] EWHC 1633 (Ch) here. At the end of August 2019 an opening of insolvency proceedings was requested by various Barings...
View ArticleMunicipio de Mariana v BHP. Questions on Brussels Ia’s lis pendens rules viz...
Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2022] EWCA Civ 951 (background to the case here) is the appeal against the stay (and partial strike-out), on forum non conveniens, A33-34...
View ArticleThe CJEU in Allianz. Among others linguistic arguments lead to the Court...
In Case C-652/20 HW, ZF, MZ v Allianz Elementar Versicherungs AG, the CJEU held (no English version of the judgment is as yet available) end of June that A11(1)(b) Brussels Ia, determines jurisdiction...
View ArticleThe São Paulo Panels. Szpunar AG on declaratory actions and the...
First Advocate-General Szpunar opined in C-265/21 AB, AB-CD v Z EF a few weeks back. The case-name is a victim of the anonymisation rules and I propose we name it ‘the São Paulo Panels’, this being its...
View ArticleDutch court finds Seafarers ‘Dockers’ clause falls within European...
Many thanks Ruwan Subasinghe for alerting me to the judgment: Early July the courts at Rotterdam held in ITWF, Nautilus International and FNV v Marlow Navigation Netherlands BV et al that the...
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