Litigation Notes

Jurisdiction clauses: High Court finds English courts have exclusive jurisdiction under bespoke ISDA clause

The decision illustrates the court's approach where there are questions as to the validity and interpretation of a jurisdiction clause.

High Court had no jurisdiction over claims under contracts containing English jurisdiction clauses as the defendants were not parties to those contracts as undisclosed principals

Court of Appeal clarifies restrictions on adding new claims to existing claim form despite arguable limitation defence

Supreme Court gives reasoned judgment upholding anti-suit injunction in support of foreign-seated arbitration

The decision in UniCredit v RusChemAlliance shows the court's strong support for arbitration agreements

Dispute Resolution Podcast: Exploring Dispute Resolution Choices and the Hague Judgments Convention 2019

High Court orders defendant to provide disclosure in jurisdiction dispute

Privy Council changes English law on the intersection of insolvency and arbitration

The decision means the parties' choice of dispute resolution forum should not impact a creditor's ability to engage the insolvency process where …

Court of Appeal upholds award of penal interest on tort damages under applicable foreign law

Commercial litigation podcast series – Episode 26: General update

Asymmetric jurisdiction clauses: High Court enforces exclusive element of clause by anti-suit and anti-enforcement injunctions

The High Court has allowed a bank's application for a final anti-suit injunction (ASI) and anti-enforcement injunction (AEI), aimed at restraining …

Commercial litigation podcast series – Episode 25: Special edition on the Hague Judgments Convention 2019

The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution