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Court of Appeal clarifies that "mandatory rules" do not override chosen law in contracts with an international element
In two recent decisions, the Court of Appeal has clarified that Article 3(3) of the Rome Convention does not apply to override the chosen law where there …
UK clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit
On Tuesday 22 August, the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, …
India related commercial contracts: dispute resolution and governing law clauses
Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related …
CJEU limits situations in which insolvency laws relating to transaction avoidance may override Parties' contractual choice of law
In a recent judgment, the Court of Justice of the European Union (CJEU) confirmed the extent to which an English law governed contract can be subject to …
EU clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit
Yesterday (29 June) the European Commission published its Position Paper on Judicial Cooperation in Civil and Commercial Matters which outlines its …
High Court applies narrow interpretation of “client” for purposes of legal advice privilege
In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews …
Upcoming webinar - International Litigation Update
On Tuesday 18 October (12noon - 1.00pm UK time) we will present the first in a new series of webinars for Herbert Smith Freehills clients and …
Upcoming webinar - Dispute resolution choices for finance parties: A practical look at recent developments affecting dispute resolution options
On Thursday 14 July (12.45 – 1.45pm BST), Adam Johnson, Nick Peacock and Vanessa Naish (chair) will deliver a webinar for Herbert Smith …
Commercial Court considers when a contract is "manifestly more closely connected" with another country for the purpose of determining applicable law
The Commercial Court has considered the meaning of "manifestly more closely connected" with another country in Article 4 of the Rome I Regulation ((EC) …
Choice of English law / jurisdiction will not always mean a dispute will be heard in England and English law applied
Two recent Court of Appeal decisions are a reminder that an exclusive English jurisdiction clause and choice of English law clause will not always ensure …
High Court applies English law to questions of privilege in applications under Insolvency Act 1986
In the context of joint liquidators' applications for documents "belonging to" the company or "relating to" its affairs (under sections 324 and 326 …
Herbert Smith publishes briefing on Eurozone crisis
On Wednesday 30 May 2012, Herbert Smith hosted a webinar focussing on some of the legal implications of the escalating Eurozone crisis, including the …
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