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High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)
The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway …
Supreme Court confirms that the situs of a debt due under a letter of credit is the location of the issuer
In a departure from previous authority, the Supreme Court has confirmed that the situs of a debt created by a letter of credit is the place of residence …
Article published - Don’t forget: the Recast Brussels Regulation can apply to non-EU defendants
It is easy to fall into the trap of thinking that the Brussels jurisdiction regime applies to EU domiciled defendants and the common law rules apply to …
Court of Appeal clarifies approach to exclusive jurisdiction provisions of Brussels regime relating to validity of corporate decisions
The Court of Appeal has held that the English courts had exclusive jurisdiction to hear a claim brought by an English subsidiary company against Turkish …
Cross-Border Litigation - international perspectives
We are pleased to publish the second issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical …
PRC signs up to Hague Convention on Choice of Court Agreements
On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements. The Convention provides greater …
Recast European Insolvency Regulation introduces new jurisdiction rules for insolvency-related claims
As a result of the Recast European Insolvency Regulation ("REIR"), which applies to insolvency proceedings commenced since 26 June this year, insolvency …
Court of Appeal considers that merits of claim against anchor defendant are relevant in establishing jurisdiction under Brussels Regulation against co-defendants domiciled in member states
In a recent decision, a majority in the Court of Appeal held, obiter, that the courts should consider the merits of a claim against an "anchor …
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 …
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 …
Upcoming webinar - Cross-Border Litigation Update
On Thursday 29 June (1.00 – 2.00pm UK time) we will present the second in our series of webinars for Herbert Smith Freehills clients and contacts …
Article published – Choice of law and jurisdiction post-Brexit: business as usual so far?
Recent reports from Parliament have identified the problems and risks that could arise post-Brexit if the current rules on choice of law …
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