Clik here to view.
Lithuanian Supreme Court refuses recognition based on Ordre Public – Right of...
The Lithuanian Supreme Court held on 30 April 2013 that a Russian Federation judgment granting child custody, could not be recognised in Lithuania for reasons of Ordre Public. The 7-year-old child...
View ArticleClik here to view.
Should arbitral anti-suit injunctions follow the West Tankers fate?...
In Case C-536/13 Gazprom, the Lithuanian Supreme Court has challenged the ECJ to specify the limits (or not) of its findings in West Tankers – on which I have reported extensively elsewhere. The Court...
View ArticleClik here to view.
Lis alibi pendens rule does NOT apply (to the court seized second having such...
In Weber v Weber the ECJ gave helpful clarification of the non-application of the strict lis alibi pendens rules of the Jurisdiction Regulation in the event of infringement of the Regulation’s...
View ArticleClik here to view.
Apcoa scheme of arrangement: Convening hearing gives firm but considered...
The title of this piece is as considered as Hildyard J’s approval of the application for an order to convene scheme meetings for the purpose of considering, and if thought fit approving, schemes of...
View ArticleClik here to view.
Digital import suffices for jurisdiction of the US International Trade...
The US International Trade Commission has held (in re Align Technology Inc, 337-TA-833) that electronic /digital import of plans and manuals with a view to producing moulds for dental aligners (braces)...
View ArticleClik here to view.
Swiss ‘Sabena’ judgment interprets Lugano insolvency exception. Eventual...
In SAirLines AG v Masse en faillite ancillaire de Sabena SA, the Swiss Bundesgericht (Federal High Court) held that the request by the liquidators of Sabena (the former Belgian national carrier) to...
View ArticleClik here to view.
Recognition and enforcement continued: The view from the Crimea.
With state succession comes a need for judicial re-organisation, as well as a series of practical considerations for the recognition and enforcement of judgments et al issued by authorities of the...
View ArticleClik here to view.
Insolvency, Brussels I and Lugano: Enasarco v Lehman Brothers upholds strong...
In Enasarco v Lehman Brothers, the High Court was asked to stay English proceedings following jurisdictional issues of a derivative agreement between Enasarco and Lehman Brothers Finance (LBF). Swiss...
View ArticleClik here to view.
Yukos v Tomskneft: Ireland rejects ‘parochial’ jurisdiction in enforcement of...
When should a court being asked to apply the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) – the ‘New York Convention‘, look mercifully on forum shopping...
View ArticleClik here to view.
Doe v Nestle and Tiffany v China Merchants Bank et al: The concertina effect...
I may yet have to insert a special category ‘ATS’ in the ‘Categories’ on the right hand side of this blog. Distinguishing, and precedent application alike keep on stretching cq enforcing the USCC’s...
View ArticleClik here to view.
Celtic Salmon: Irish High Court holds there’s something fishy in the State of...
Granted, only Monday mornings arguably may excuse such lame pun in a blog’s posting. However the slightly lousy title should not take away from the relevance of Celtic Salmon v Aller Acqua in which...
View ArticleClik here to view.
Gazprom, arbitral Antisuit Injunctions and the Judgments Regulation: Wathelet...
Wathelet AG opined yesterday in Gazprom, Case C-536/13, re the fate of arbitral anti-suit injunctions. (See my posting on the application, for context). He takes the opportunity to add to the chorus of...
View ArticleClik here to view.
flyLAL-Lithuanian Airlines – ECJ holds on ‘civil and commercial’, ordre...
flyLAL seeks compensation for damage resulting, first, from the abuse of a dominant position by Air Baltic on the market for flights from or to Vilnius Airport (Lithuania) and, second, from an...
View ArticleClik here to view.
Paris suing FoxNews. (Birmingham joining optional). A dream essay for...
Exam time for conflict of laws students the world over, I imagine. Here’s a dream essay question. (Pick and mix a definite possibility). Bear in mind each of these questions exercises practitioners,...
View ArticleClik here to view.
Szpunar AG in Diageo confirms narrow window for refusal of recognition and...
Key question in Diageo, Case C-681/13 is whether the fact that a judgment given in the State of origin is contrary to EU law (in the case at issue; trademark law) justifies that judgment’s not being...
View ArticleClik here to view.
Arbitral anti-suit injunctions and the Judgments Regulation. Grand Chamber...
The ECJ today has held, in a matter of factly manner (I had suspected the Court would be brief), that the enforcement of arbitral awards falls outside the Brussels I-Regulation, where that enforcement...
View ArticleClik here to view.
Belgian initiative to tackle ‘vulture funds’ acknowledges these are, after...
I have delayed reporting on this initiative for exam reasons. The Belgian Parliament is currently debating a private members’ proposal for statute to address so-called ‘vulture funds’. These funds are...
View ArticleClik here to view.
ECJ broadly confirms Szpunar AG in Diageo: narrow window for refusal of...
As reported when Szpunar AG issued his Opinion, key question in Diageo, Case C-681/13 is whether the fact that a judgment given in the State of origin is contrary to EU law (in the case at issue;...
View ArticleClik here to view.
Goldman Sachs v Novo Banco: on ‘Civil and commercial’ in Brussels I, and...
In Goldman Sachs v Novo Banco SA, the High Court first of all had to consider the scope of the Brussels I Regulation on the issue of ‘civil and commercial’. This issue came up following the...
View ArticleClik here to view.
Chevron /Ecuador: Canadian Supreme Court confirms flexible gatekeeping for...
In Chevron Corp v Yaiguaje, the Canadian Supreme Court confirmed the country’s flexible approach to the jurisdictional stage of recognition and enforcement actions. I have reported on the case’s...
View Article
