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29 Jul 2019, 1:00 am
This appeal considered whether the Recast Regulation (Regulation (EU) No. 1215/2012), art 24(2) confers exclusive jurisdiction on the English courts to determine the authority in England of directors appointed in foreign proceedings to the board of a foreign corporate shareholder of a company registered in England to cause or permit the foreign corporate shareholder to do anything as a shareholder of the English company. [read post]
9 Nov 2018, 12:04 am
The Decision in UP v Hungary – Achmea does not apply to ICSID Tribunals On 9 October 2018, the Tribunal in UP and CD Holding Internationale v Hungary (ICSID Case No. [read post]
29 May 2024, 3:52 pm
For scholarly publications, Rule 10.7.1(d) adds a descriptive parenthetical note for citing cases where an enslaved person was involved, and provides examples like “Wall v. [read post]
24 Jul 2018, 10:33 am
Peruta v. [read post]
10 Jan 2022, 10:52 pm
By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook.[6] In England, the dual challenge of jurisdiction and collective actions in a mass privacy infringement claim has presented itself before the English Courts, first in Vidal-Hall v Google before the Court of Appeal in 2015[7] and in the Supreme Court judgment of… [read post]
8 Nov 2011, 11:32 am
Kookmin bank duly provided the refund guarantees in the form of advanced payment bonds, governed by English law. [read post]
24 Mar 2010, 8:09 pm
In State v. [read post]
13 Nov 2017, 9:12 am
The current version, the English Arbitration Act 1996, applies to ad hoc arbitrations conducted in the United Kingdom. [read post]
13 Nov 2017, 9:12 am
The current version, the English Arbitration Act 1996, applies to ad hoc arbitrations conducted in the United Kingdom. [read post]
15 Jan 2021, 4:06 am
In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, comments upon the decision handed down by the UK Supreme Court in the matter of Lehtimäki and Ors v Cooper [2020] UKSC 33. [read post]
3 Oct 2016, 9:19 am
On Wednesday 5 October and Thursday 6 October, the Supreme Court will hear the appeal in AMT Futures Ltd v Marzillier & Ors, which requires the court to consider whether the English Court has jurisdiction to try the case under Brussels I (Regulation No 44/2001). [read post]
3 Jul 2023, 1:39 am
The Court will consider whether the Danish Customs and Tax Administration’s (“SKAT”) claims for the recovery of tax refunds made to the appellants are not admissible before the English courts by reason of Rule 3(1) of Dicey, Morris & Collins on the Conflict of Laws, which says that “English courts have no jurisdiction to entertain an action… for the enforcement, either directly or indirectly, of a penal, revenue or other public law of a foreign… [read post]
24 Apr 2021, 6:07 am
See New York v. [read post]
4 Nov 2009, 6:41 am
Super. 162, 165 n. 1 (Law Div. 2006) (quoting The American Heritage Dictionary of the English Language (4th ed. 2000)). [read post]
22 Nov 2010, 9:45 am
In the previous post on this topic, we had discussed a portion of the landmark case of Dallah Real Estate and Tourism Holding Company v. [read post]
10 Aug 2011, 8:24 am
By Eric Goldman Desai v. [read post]
4 Aug 2011, 10:24 am
The case of the day is Constellation Energy Commodities Group Inc. v. [read post]
15 Jul 2010, 12:00 am
STATE v. [read post]
12 Mar 2010, 4:50 am
In 1981 the Supreme Court in New York v. [read post]
31 May 2009, 12:54 pm
Gentry v. [read post]