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The Alexandros resurfaces – Greek proceedings may turn out to be an expensive...
I have reported before on the lis alibi pendens issue in the Alexandros litigation. (The left-over claims as identified in my previous post were, I understand, dropped, and hence the need for ECJ...
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Propertize: Should creditors’ domicile and mutual consent on COMI be relevant...
In Propertize, (held 10 April 2014; delayed reporting for exam reasons) the court at ‘s-Hertogenbosch (Netherlands) held that Propertise BV has COMI in The Netherlands (and the presumption in favour of...
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‘Apartheid’ dismissed and Al-Shimari distinguished: The bar is high for the...
For readers unfamiliar with earlier posts on the Alien Torts Statute and its role in the corporate social responsibility debate, the title of this piece may sound like gobbledygook. Review of the...
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Anglo American: The Court of Appeal on ‘Central Administration’ in Brussels-I
In Anglo-American South Africa, the Court of Appeal held mid July on the application of the definition of corporate ‘domicile’ in the Brussels I-Regulation. Specific context was the use of the English...
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Burgo Group: Some not altogether shocking revelations on the Insolvency...
There’s case-law of the Essent, Kylie Minogue (eDate Advertising), Seal Pups, or Kiobel type. And then there is case-law of the, well, Burgo type. In Burgo Group v Illochrama SA, Case C-327/13, the ECJ...
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Belgian supreme court holds on gold-plated provisions in Unamar. Appeal...
Writing a case-note on Unamar is becoming an ever moving target: the Belgian Supreme Court (Hof van Cassatie /Cour de Cassation) held on 12 September, following the ECJ’s judgment in same – I would...
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Doe v Nestle and Tiffany v China Merchants Bank et al: The concertina effect...
I may yet have to insert a special category ‘ATS’ in the ‘Categories’ on the right hand side of this blog. Distinguishing, and precedent application alike keep on stretching cq enforcing the USCC’s...
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Nickel & Goeldner: Not the procedural context but the legal basis of the...
It is always useful to have the Court of Justice remind us of (some might say: fine-tune) what it has decided in precedent. This is no different in Nickel & Goeldner- Case C-157/13. (Which also...
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Fern v Intergraph: High Court takes a narrow view of mandatory requirements...
In Fern v Integraph, Mann J was asked whether a clear Texas governing law and Texas jurisdiction clause should be set aside, jurisdiction upheld by the English courts and applicable law to be held to...
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Winrow v Hemphill: The High Court emphasises exceptional nature of...
Winrow v Hemphill ([2014] EWHC 3164), involved a road traffic accident that occurred in Germany on 16 November 2009. The claimant was a rear seat passenger in a vehicle driven by Mrs Hemphill (‘the...
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Jurisdiction, intellectual property and the internet. Might CRUZ VILLALÓN AG...
Let me answer the question immediately: that is unlikely. It is however an interesting prospect and, who knows, might be a start. CRUZ VILLALÓN AG’s Opinion in Pez Hedjuk, case C-441/13 (at the time of...
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You name it! Dutch court adds to the criteria relevant in (not) rebutting...
Thank you Arie van Hoe for alerting me to this in some respect amusing judgment by the court at The Hague. Amusing, in that the court adds a curious consideration to the criteria for third parties’...
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Sabbagh v Khoury. The High Court considers the ‘wills and succession’...
Sabbagh v Khoury is great for oral exam purposes. Hand the student a copy of the case and ipso presto, there is plenty to talk about for at least half an hour. Sana Sabbagh, who lives in New York,...
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Celtic Salmon: Irish High Court holds there’s something fishy in the State of...
Granted, only Monday mornings arguably may excuse such lame pun in a blog’s posting. However the slightly lousy title should not take away from the relevance of Celtic Salmon v Aller Acqua in which...
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Buccament Bay: Is there room for forum non conveniens in the Insolvency...
In Buccament Bay, 2014 EWHC 3130 (Ch), Strauss QC (DJ) dealt with the preliminary jurisdictional issue of whether the court should exercise its jurisdiction to hear winding-up petitions, based on...
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Gazprom, arbitral Antisuit Injunctions and the Judgments Regulation: Wathelet...
Wathelet AG opined yesterday in Gazprom, Case C-536/13, re the fate of arbitral anti-suit injunctions. (See my posting on the application, for context). He takes the opportunity to add to the chorus of...
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The use of anchor defendants in follow-up competition law cases. JÄÄSKINEN AG...
A particularly sticky point in competition cases, are follow-up suits for damages. I have already reported on (private international law aspects of) the issue of the piercing of the corporate veil, and...
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flyLAL-Lithuanian Airlines – ECJ holds on ‘civil and commercial’, ordre...
flyLAL seeks compensation for damage resulting, first, from the abuse of a dominant position by Air Baltic on the market for flights from or to Vilnius Airport (Lithuania) and, second, from an...
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Fahnenbrock: Bot AG opines on ‘civil and commercial’ viz bearers of Greek...
Within the context of the service of documents Regulation (1393/2007) but with no less relevance for the Jurisdiction Regulation, Bot AG opined on the qualification of an action by (German) holders of...
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My (conflicts) heart leaps when I behold Canyon v GDF Suez at the High Court.
It does. It really does. (Warning: The next sentence drops all pretext of this posting having poetic qualities). Canyon v GDF Suez is an absolutely perfect illustration of the challenges of the special...
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