Litigation Notes

Commercial Court finds asymmetric jurisdiction clause is exclusive jurisdiction clause for purposes of recast Brussels Regulation

The Commercial Court has held that an asymmetric or unilateral jurisdiction clause is an exclusive jurisdiction clause within article 31(2) of the recast …

Court of Appeal holds that UK anchor defendants can be sued for the sole purpose of establishing jurisdiction against foreign co-defendants

The Court of Appeal has held, by a majority, that the jurisdiction rules in the Brussels regime allow a defendant to be sued in a co-defendant's …

Germany: breach of jurisdiction clause may give rise to damages claim

Non-compliance with a contract's jurisdiction clause may expose a claimant to a claim for damages in Germany. This has been decided by Germany's highest …

Obtaining evidence from US-connected entities - US court widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to …

A no-deal Brexit: The implications for disputes

Supreme Court narrowly interprets exclusive jurisdiction provisions of Brussels regime relating to validity of corporate decisions

The Supreme Court has held that the English courts did not have exclusive jurisdiction to hear certain claims brought by an English subsidiary company …

High Court finds England proper forum to hear claim against further party where claimant had no real choice over where to sue anchor defendants

The High Court has held that England was the proper forum to determine a dispute against an additional defendant, so as to avoid multiple proceedings and …

Court of Appeal confirms jurisdiction to restrain foreign arbitration even where England is not the natural forum for the dispute

The Court of Appeal has partly upheld the injunction granted by the Commercial Court restraining the pursuit of arbitration proceedings seated in …

High Court finds there is no power to stay English proceedings to give effect to exclusive jurisdiction clause in favour of non-EU court unless proceedings were commenced first in the foreign court

The High Court has held that there is no power under the recast Brussels Regulation to stay English proceedings against an English domiciled defendant in …

Upcoming webinar - The Hague Choice of Court Convention 2005 and the Hague Judgments Convention 2019: When and how will they apply?

On Tuesday 23 July 2019 (1-2pm BST), Anna Pertoldi and Jan O'Neill will deliver the latest in our series of webinars for Herbert Smith Freehills clients …

Court of Appeal finds exclusive jurisdiction clause in settlement agreement with employee ineffective, as it was not entered into after the particular dispute had arisen

The Court of Appeal has held that an exclusive jurisdiction clause in a settlement agreement between an employer and employee was not effective to give …

Commercial Court gives guidance on definition of 'consumer' under Recast Brussels Regulation in cryptocurrency futures trading case

The Commercial Court has confirmed that an individual investor, with substantial means and more knowledge and experience than the average person, may …