Look away now. Dutch Court, wrongly, minded to uphold choice of court in...
The wide (even if not absolute: see Handbook 2.162 ff) catchment area of Article 24(1) Brussels Ia in the specific context of tenancies is contested, so much so that when the Brussels I Regulation was...
View ArticleSoriano v Forensic News. Court of Appeal confirms high bar to disciplining...
Soriano v Forensic News LLC & Ors [2023] EWCA Civ 223 deals with the discipline an English court should hand out to defendants trying to use foreign proceedings and their discovery rules, to assist...
View ArticleThe French Supreme Court in Barclay Pharmaceuticals v Mekni, summarily on...
Thank you Gilles Cuniberti for flagging and discussing the French Supreme Court’s judgment in JE and B v Barclay Pharmaceuticals [cross-referral to the English judgment makes this Barclay...
View ArticleDoes objection to territorial jurisdiction only, imply submission under...
The first instance court of Gelderland held in X v Lufthansa that the latter’s limitation to objecting to territorial jurisdiction within The Netherlands, rather than to jurisdiction of the Dutch...
View ArticleTransworld Payment Solutions: consideration of applicable law under Rome II...
I last updated the draft for this post in November….I am hoping somewhat to catch up with posts this week. In Transworld Payment Solutions U.K. Ltd, Re [2022] EWHC 2742 (Ch) Freedman J refused an...
View ArticleParveen v Hussain. A super case to teach Vorfrage, qualification and ordre...
Parveen v Hussain [2022] EWCA Civ 1434 (I am still in clearing the backlog mode) is an excellent illustration of this most peculiar of issues under conflict of laws, the issue of ‘Vorfrage’, with the...
View ArticleThe CJEU on consumer signalling with a view to the protected categories, in...
The CJEU last week held in C-177/22 JA v Wurth Automotive. The case concerns the consumer title of Brussels Ia, in particular a refinement of the CJEU C-630/17 Milivojević and C-28/18 Petruchová...
View ArticleJalla v Shell – continued. A further judgment in the Bonga Spill litigation...
Jalla & Anor v Shell International Trading and Shipping Company Ltd & Anor [2023] EWHC 424 (TCC) is a follow-up of earlier, procedural (including jurisdictional) issues which I discuss here....
View ArticleTowards a European Private International law Act? Louvain April conference in...
On 21 April, Louvain-La-Neuve will be hosting a conference in honour of prof emeritus Marc Fallon. The general concept of the conference is included below (summary provided by prof Stéphanie Francq,...
View ArticleThe Credit Suisse rescue operation. A Smorgasbord of international dispute...
UBS’ bailout of Credit Suisse, arguably strong-armed by the Swiss State, will have had countless lawyers phoning investors, and countless investors lawyering up. I am no expert in banking and finance...
View ArticleRichard de La Tour AG on trademarks and anchor jurisdiction in Beverage City...
I am on a break with the family until after Easter, hence only slowly treating myself to writing up blog posts. There are one or two in the queue, and I hope to be clearing them before long. ] In...
View ArticlePoland v LC CORP BV. A second refusal for ISDS Achmea /Komstroy anti-suit,...
In Poland v LC Corp BV, the Amsterdam first instance court mid-March refused Poland’s application for an anti-suit injunction, which would have prohibited LC Corp from seeking UNCITRAL arbitration...
View ArticleAutostore v Ocado. The High Court holds not entirely convincingly on...
In Autostore Technology AS v Ocado Group Plc & Ors [2023] EWHC 716 (Pat), Claimant AutoStore is a Norwegian company, pioneer in automated warehouse technology. First defendant develops automated...
View ArticleBoughajdim v Hayoukane. A classic qualification exercise on formal and...
Boughajdim v Hayoukane [2022] EWHC 2673 (Fam) is a good case to illustrate qualification as an essential part of the private international law exercise. I had the case as one of the many open windows...
View ArticleAgora v SPA Italiana Lastre. French Supreme Court refers to CJEU on lex fori...
This short post on Agora v SPA Italiana Lastre ECLI:FR:CCASS:2023:C100265 at the French SC could suffice with referring to para 2.331 of the Handbook. That para asks exactly the question on which the...
View ArticleNicholls v Mapfre. Yet again, and divergently so, on Spanish interest rates...
Nicholls & Anor v Mapfre Espana Compania de Seguros y Reaseguros SA [2023] EWHC 1031 (KB) yet again discusses the evidence and procedure carve-out in Rome II and its relationship with A15 Rome II...
View ArticleConference announcement. ABLI-HCCH webinar: Cross-Border Commercial Dispute...
Last July, I posted about a joint webinar between the Singapore-based Asian Business Law Institute (ABLI) and the Permanent Bureau of the Hague Conference on Private International Law (HCCH) on the...
View ArticleStichting Claim Gran Petro. Dutch court holds that use of the anchor...
Regular readers will be aware that disciplining the use of the anchor defendant mechanism is not an easy task for a court to undertake (I have linked to one post yet the search tag ‘anchor’ will take...
View ArticleThe PIFFS v Al Wazzan litigation continues with disclosure order viz...
I reported earlier on the jurisdictional issues in a case where PIFSS brings claims for sums totalling in the region of US$874 million, arising from the alleged corruption between 1994 and 2014 of its...
View ArticleMercedez-Benz v Continental Teves. Post Brexit, follow-on cartel damages...
In Mercedes-Benz Group AG & Anor v Continental Teves UK Ltd & Ors [2023] EWHC 1143 (Comm) Butcher J set aside permission for service out of the jurisdiction (against EU-incorporated...
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