Jurisdiction
Service of EU proceedings in England: receipt by fax sufficient to seise foreign court
The High Court has decided that receipt by fax at the Foreign Process Section (FPS) of the English court of proceedings commenced in another member state is sufficient to seise the foreign court. The proceedings do not also have to … Continue reading
Filed under Jurisdiction, Service
Webinar alert: Jurisdiction update
On Tuesday 30 April 2013 (12.45 – 1.45pm BST) Murray Rosen QC, Adam Johnson and Anna Pertoldi will deliver a live audio webinar in which they will look at developments over the past year, including: Changes to the Brussels Regulation – … Continue reading
Filed under Announcements, Jurisdiction
US Supreme Court decision reduces risk of US claims for violation of international law where no US connection
In a much-anticipated decision concerning the reach of the Alien Tort Claims Act (“ATS“) to foreign actors, the US Supreme Court has concluded that ATS claims alleging a violation of international law “occurring outside the United States” are “barred.” Kiobel … Continue reading
Filed under Jurisdiction, Tort
Supreme Court refuses to pierce corporate veil in VTB Capital Plc’s jurisdiction appeal
The Supreme Court has today unanimously refused to pierce the corporate veil in order to treat an alleged fraudster as a party to a contract entered into by his puppet company: VTB Capital plc v Nutritek International Corp and others [2013] … Continue reading
Filed under Contract, Jurisdiction
Court of Appeal refuses to allow service out of the jurisdiction in claim for declaratory relief
We previously reported on the decisions of the High Court and Court of Appeal in Faraday Reinsurance Co Limited v Howden North America Inc & anor (the “Faraday Proceedings”) (see post) in which the court allowed service out of the … Continue reading
Filed under Jurisdiction
Reforms to Brussels Regulation now finalised
On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Regulation). The changes had been proposed by … Continue reading
Filed under Enforcement, Jurisdiction
Our first annual disputes client conference: Trends in international dispute resolution
On Monday 12 November, we held our first annual Herbert Smith Freehills disputes conference “Trends in international dispute resolution”. Following introductory remarks by global head of dispute resolution Sonya Leydecker, a series of presentations and panel discussions took place on … Continue reading
Filed under Collective actions, Costs, Funding, Jurisdiction
Unilateral jurisdiction clauses may not always be effective
It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will be resolved. For example, an agreement may provide that the courts of a … Continue reading
Filed under Contract, Jurisdiction
Supreme Court hearing on jurisdiction issues in VTB Capital
Starting today, the Supreme Court will hear an appeal against the Court of Appeal’s judgment in VTB Capital plc v Nutritek International Corporation and others [2012] EWCA Civ 808). Herbert Smith Freehills is acting for the appellant, VTB, having been instructed at … Continue reading
Filed under Contract, Jurisdiction
UK Supreme Court refuses to enforce US judgment made in insolvency proceedings against English resident defendants
In Rubin v Eurofinance SA [2012] UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal’s unanimous decision and held that the English court would not enforce a judgment made by the New … Continue reading
Filed under Enforcement, Jurisdiction
