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Choice of court on the web . The ECJ on ‘click-wrap’ in El Majdoub v...
I have delayed reporting on judgment in Case C-322/14, Jaouad El Majdoub v CarsOnTheWeb.Deutschland GmbH, held 21 May 2015, for exam reasons. I reported earlier on the due diligence required of...
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Hague principles on Choice of law in international commercial contracts. A...
I have delayed reporting on the Hague Principles on choice of law in international commercial contract for exam reasons. The principles (and accompanying commentary) have not taken the form of a...
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SwissMarine- The High Court declines anti-suit against insolvency proceedings...
Much of the analysis in Swissmarine would have been redundant had Denmark been subject to the Insolvency Regulation. Please refer to the judgment for the many lines of arguments by applicants and...
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ECJ broadly confirms Szpunar AG in Diageo: narrow window for refusal of...
As reported when Szpunar AG issued his Opinion, 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;...
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Nortel. CJEU confirms Nickel & Goeldner, and extends Seagon to secondary...
I need to give a bit of a factual background before I can get to the implications of the ECJ’s (or CJEU, I still haven’t decided) finding in C-469/13 Nortel. Nortel Networks SA is established in...
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Lex causae, securitisation and insulating agreements from the lex concursus....
This post has been some time in the making, notwithstanding my promise to have it up soon. Let’s just say I got distracted. The wide interest in Lutz, Case C-557/13, illustrates the increasing...
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Kaupthing: the High Court interprets (and rejects) Lugano insolvency...
Thank you Eiríkur Thorláksson (whose expert report fed substantially into the Court’s findings) for flagging and for additional insight: In Tchenguiz v Kaupthing, the High Court had to review the...
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Choice of court and law for the holiday season.
As the holiday season now is in full swing, here’s a choice of court and choice of law clause I received. For us all to ponder on the beaches /in the mountains /whatever retreat we’ll find ourselves...
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Goldman Sachs v Novo Banco: on ‘Civil and commercial’ in Brussels I, and...
In Goldman Sachs v Novo Banco SA, the High Court first of all had to consider the scope of the Brussels I Regulation on the issue of ‘civil and commercial’. This issue came up following the...
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Don’t leave the store without asking. Joinders, and the Aldi principle...
A posting out off the box here, so bear with me. Neither Brussels I nor the Recast include many requirements with respect to (now) Article 8(1)’s rule on joinders. A case against a defendant, not...
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Anchor defendants in follow-up competition law cases. Amsterdam applies CDC...
Towards the end of July, the Court at Amsterdam applied the recent CJEU judgment in CDC, on the application of (now) Article 8’s rule on anchor defendants. The case also involved CDC – busy bees on the...
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Defining ’employment ‘. CJEU confirms AG Opinion in Holterman: dual director...
The CJEU yesterday confirmed the Opinion of Cruz Villalón AG in Holterman: please refer to my posting on the Opinion for background. In particular of course, a contract for employment needs to be...
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Jurisdiction for libel over the internet. Ontario’s view in Goldhar v Haaretz.
The exam season is over, otherwise Goldhar v Haaretz would have made a great case for comparative analysis. Instead this can now feed into class materials. This is an interlocutory judgment on the...
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Chevron /Ecuador: Canadian Supreme Court confirms flexible gatekeeping for...
In Chevron Corp v Yaiguaje, the Canadian Supreme Court confirmed the country’s flexible approach to the jurisdictional stage of recognition and enforcement actions. I have reported on the case’s...
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Choice of court, Incoterms and the special jurisdictional rule for contracts.
In Roonse Recycling & Service BV v BSS Heavy Machinery GmbH, the Court at Rotterdam first of all discussed the factual circumstance of a possible choice of court agreement between parties, in...
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Of tractors and trailers. Insurance contracts, subrogration, contracts and...
First, a quick heads-up on precedent: the difference between ‘contract’ and tort’ in European private international law is crucial, as regular readers of this blog will have observed. Crucial, yet the...
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Prüller-Frey: The CJEU on Direct action provided for by national law against...
Case-law on Rome II (the law applicable to non-contractual obligations) is only slowly picking up so almost anything coming out of the CJEU is met with excitement. Like Ergo Insurance (so far only the...
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Forget Facebook and Safe Harbour. CJEU in Weltimmo confirms wide prescriptive...
A lot of attention last week went to the CJEU’s annulment of the EC’s ‘Safe Harbour’ decision in Schrems v Facebook (aka Austrian student takes on internet giant). I will not detail that finding for I...
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Who am I? USSC to rule on a trust’s citisenship in AMERICOLD LOGISTICS.
One night this week I was teaching a taster class to final year secondary school students (17-18yr olds). I decided I should make it challenging enough. This, I surmised, would help all those present....
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Just prove it! CJEU on lex causae and detrimental acts (pauliana) in Nike.
In my posting on Lutz I flagged the increasing relevance of Article 13 of the Insolvency Regulation. This Article neutralises the lex concursus in favour of the lex causae governing the act between a...
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