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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 …
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 …
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 …
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 …
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 …
Court of Appeal rules on service out of the jurisdiction in support of negative declaratory proceedings
The Court of Appeal has upheld a Commercial Court decision which declined to set aside an order for service out of the jurisdiction granted on a claim by …
Court of Appeal upholds anti-suit injunction against non-party to arbitration clause
The Court of Appeal has upheld an anti-suit injunction against a non-party to an arbitration clause on the grounds that Russian proceedings being pursued …
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 …
High Court finds that tribunal has power to award damages for breach of arbitration clause in West Tankers case
The court has found that the majority of the arbitral tribunal was wrong to decline jurisdiction over a claim for equitable damages for breach of an …
Commercial Court stays proceedings in favour of Ukrainian courts in landmark decision
The Commercial Court has stayed proceedings against an English domiciled defendant on the basis that the object of the proceedings was the validity of …
Court of Appeal upholds pro-arbitration decision in West Tankers
In an eagerly awaited judgment, the Court of Appeal has upheld the High Court's decision to enforce a declaratory arbitral award under section 66 of …
Eurozone crisis: economic challenges and legal risks
On 14 December 2011, Herbert Smith hosted a seminar to discuss the economic challenges and legal risks arising from the eurozone crisis, including …
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