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Paris suing FoxNews. (Birmingham joining optional). A dream essay for...
Exam time for conflict of laws students the world over, I imagine. Here’s a dream essay question. (Pick and mix a definite possibility). Bear in mind each of these questions exercises practitioners,...
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Hejduk: Copyright infringement and jurisdiction. The ECJ entertains much less...
I have reviewed the AG’s opinion in Hejduk here. The AG’s Opinion was exciting for it cited, even if only in a specific (IP; more specifically copyright) context, the difficulty in identifying locus...
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Jong v HSBC. Unilateral jurisdiction clauses, anchor defendants viz parties...
Often, progress is assisted by assimilation hence I shall not repeat the excellent review of Jong v HSBC by Andy McGregor and Daniel Hemming. (It will be posted here soon, I imagine). Nor indeed will I...
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Plaza v The Law Debenture Trust. The Owusu hall of mirrors is ever more...
There is an obvious downside to the European Court of Justice’s judicial economy. The Court often leaves unanswered many questions asked by national courts without an answer to them being strictly...
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Universal: Dutch Supreme court (Hoge Raad) quizzes the ECJ on purely economic...
(Thank you to Vincent Dogan and Freerk Vermeulen for flagging the case). In Universal, the Dutch Hoge Raad has asked the ECJ for assistance in determining whether and /or how Article 5(3) of the...
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The ECJ on prospectus liability. A Kolassal complication?
My tweet on the case when it had just been issued, illustrates the extent of the issues covered by the ECJ’s judgment in C-375/13 Kolassa. Mr Kolassa, as a consumer, through the Austrian bank...
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Toyota v Prolat and the Brussels I arbitration exception. Plus ça change.
In Toyota v Prolat, the High Court was asked by Toyota to confirm the existence of an agreement between parties to arbitrate. The arbitral panel, already seized by Toyota, agreed that it would be best...
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Szpunar AG in Diageo confirms narrow window for refusal of recognition and...
Key question in Diageo, Case C-681/13 is whether the fact that a judgment given in the State of origin is contrary to EU law (in the case at issue; trademark law) justifies that judgment’s not being...
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Akers v Samba. Hague Trust Convention’s rocket launcher fails to ignite, for...
The Hague Trust Convention arguably is of limited (not obviously irrelevant) ambition only. It gives trusts a passport, so to speak, which ensures them entry into other jurisdictions. However such...
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Location, location, location. Arbitration, curial and applicable law: Shagang...
I reported earlier on Sulamerica and the need properly and preferably, expressly to provide for choice of law vis-a-vis arbitration agreements, in particular vis-a-vis three elements: lex arbitri, lex...
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Chinachem: Forum non conveniens, non-exclusive choice of court and concurrent...
I reported earlier on the waiver of privilege issues in Chinachem. The Hong Kong High Court has now also ruled on the issue of application of forum non conveniens in the event of concurrent proceedings...
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Northsea Base Investment: A COMIng and going of SPVs, the High Court settles...
(Readers may want to search my earlier postings tagged ‘COMI’ for general context to the Insolvency Regulation and Centre of Main Interests). Northsea Base Investment was first flagged to me early...
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Employment, foreign mandatory rules and Greek public finance.
The German Federal Labour Court, the ‘Bundesarbeitsgericht’, has provided the ECJ with an opportunity to provide much needed clarity on the application of Rome I to continuing (employment) contracts,...
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KA Finanz: On the ‘corporate exception’ of European private international law
In Case C-483/13 KA Finanz AG, the ECJ is asked to clarify the ‘corporate exception’ to the Rome Convention and subsequent Regulation on the law applicable to contractual obligations. The two main...
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Defining ’employment’. CRUZ VILLALÓN AG in Holterman on applying Brussels I...
CRUZ VILLALÓN AG Opined yesterday in C-47/14 Holterman (no EN version of the Opinion was available at the time of writing). What if a defendant is pursued both on the basis of his capacity as a...
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Arbitral anti-suit injunctions and the Judgments Regulation. Grand Chamber...
The ECJ today has held, in a matter of factly manner (I had suspected the Court would be brief), that the enforcement of arbitral awards falls outside the Brussels I-Regulation, where that enforcement...
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Anchor defendants in follow-up competition law cases. The ECJ confirms AG’s...
In Case C-352/13 CDC, in which the ECJ held last week, at issue is among others the use of Article 6(1) of the Brussels I-Regulation (8(1) in the recast) when the claim against the anchor defendant has...
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Of little birds, language, and choice of court in consumer contracts
I have reported elsewhere (In Dutch – I am hoping for some time at some point to write something similar in English; see in particular para 23) on the fact that the conjunctive ‘or’ has been dropped in...
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Belgian initiative to tackle ‘vulture funds’ acknowledges these are, after...
I have delayed reporting on this initiative for exam reasons. The Belgian Parliament is currently debating a private members’ proposal for statute to address so-called ‘vulture funds’. These funds are...
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Fahnenbrock: ‘Civil and commercial’ viz bearers of Greek bonds. ECJ puts...
Within the context of the service of documents Regulation (1393/2007) but with no less relevance for the Jurisdiction Regulation, the Court held last week on the qualification of an action by (German)...
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