Conflict of laws

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Conflict of laws

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Jurisdiction disputes: Court of Appeal guidance on choosing the right forum to bring proceedings

In this briefing, Macfarlanes reports on a recent Court of Appeal decision which parties involved in jurisdiction disputes should bear in mind to avoid bringing proceedings in the wrong country. The case also provides important guidance on the use of 'anchor defendants' in jurisdiction disputes.

Law Firm: Macfarlanes | Published: 30 April 2015 | Practice Area: Cross Border

Rating: 2 people found this useful

The Pinterest trade mark case: a reminder of when a stay of proceedings should be granted

A recent High Court ruling in a case involving social media site Pinterest offers a useful reminder of the principles involved in deciding whether a stay of proceedings should be granted in respect of English proceedings where there are concurrent actions in the European trade mark registry.

Law Firm: Womble Bond Dickinson | Published: 29 April 2015 | Practice Area: Conflict of laws

EU judgments: easy enforceability in England?

One of the central functions of a contract is to be able to enforce its obligations. Within the EU, under the new Recast Brussels Regulation, it is now easier, quicker and cheaper to enforce EU judgments within England and Wales. This Shoosmiths article looks at the key changes introduced.

Law Firm: Shoosmiths | Published: 13 April 2015 | Practice Area: Conflict of laws

Rating: 1 person found this useful

A global guide to legal professional privilege: how it applies around the world

Although the concept of legal professional privilege is universal, its scope and limitation vary between jurisdictions. This global guide provides comprehensive details of the concept and scope of legal professional privilege in 51 jurisdictions around the world, as well as relevant recent cases.

Law Firm: DLA Piper | Published: 23 March 2015 | Practice Area: Nuisance

Rating: 13 people found this useful

Royal Court provides guidance to Jersey trustees involved in foreign divorce proceedings

This Carey Olsen briefing looks at two Jersey judgments which address the important question of when trustees of Jersey trusts should submit to the jurisdiction of foreign courts in matrimonial proceedings involving beneficiaries of Jersey trusts.

Law Firm: Carey Olsen | Published: 05 February 2015 | Practice Area: Cross Border

Rating: 1 person found this useful

European and international arbitration 101: what US counsel need to know

The use of arbitration as a dispute resolution mechanism continues to grow - this webinar looks at the features of international arbitration conducted in Europe and elsewhere outside of the US, with a particular focus on the features which might surprise US-based parties.

Law Firm: Gowling WLG | Published: 04 February 2015 | Practice Area: Litigation

Rating: 1 person found this useful

A year in litigation: 2014's most important cases reviewed

In this briefing, Macfarlanes rounds up 2014's key cases and all of the most important developments in litigation and dispute resolution, covering subjects including costs budgeting rules, bribes and secret commission, implied terms of good faith, privilege and injunctions.

Law Firm: Macfarlanes | Published: 04 February 2015 | Practice Area: Financial Crime and Fraud

Rating: 6 people found this useful

Contracts with consumers – where can a business sue and be sued?

Where a business has directed its activities to an EU member state in which a consumer is domiciled, it can generally only sue the consumer in that member state, and the consumer can choose to sue the business in that member state. That now applies regardless of whether the business is EU domiciled.

Law Firm: Herbert Smith Freehills | Published: 26 January 2015 | Practice Area: Wills and Probate

Rating: 5 people found this useful

A litigator’s yearbook: 2014 (England and Wales)

As another year comes to an end, it is a good time to look back on 2014 and consider the changes it has brought. This guide offers a summary of some of the year's key developments in the world of commercial litigation, covering subjects including costs and funding, privilege and case management.

Law Firm: Herbert Smith Freehills | Published: 02 January 2015 | Practice Area: Boilerplate

Rating: 4 people found this useful

A case of monumental conseqence: is a trust of shares in a civil law company valid?

The Court of Appeal recently considered whether a valid trust can be created over shares in a company which is incorporated in a jurisdiction which does not recognise trusts. The court was surprised to find that the questions which it had to answer had apparently never been fully addressed before.

Law Firm: Macfarlanes | Published: 12 December 2014 | Practice Area: Cross Border

Rating: 6 people found this useful

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