Tags » Article 25

X v I: The Austrian Supreme Court on due diligence in choice of court under Brussels I Recast.

Thank you Klaus Oblin for flagging OGH 7 Ob 183/17p X SE v I SpA (yet again I am happy to grumble that there is really no need to keep B2B litigation anonymous) at the Austrian Supreme Court. 207 more words

Conflict Of Laws /Private International Law

Kaifer Aislimientos: the limits of Brussels I's rules on choice of court.

EWHC 2598 (Comm) Kaifer Aislimientos, is a good illustration of the limits of Article 25 juncto recital 20’s lex fori prorogati rule.

Claimant argues that the Court has jurisdiction pursuant to Article 25 Brussels I Recast because the relevant contract contains an English exclusive jurisdiction clause and further contends that the relevant contract was concluded by AMS Mexico and/or AMS on behalf of AT1 and Ezion as undisclosed principals and that, as undisclosed principals, the contract – together with the jurisdiction agreement – was binding on AT1 and Ezion. 101 more words

Conflict Of Laws /Private International Law

Bestolov v Povarenkin. On the determination of domicile (and yes, Owusu strikes again).

Many thanks to Andrew Savage and Nick Payne for flagging  EWHC 1968 (Comm) Bestolov v Povarenkin a little while ago, and for sending me copy of the judgment at the time.  346 more words

Conflict Of Laws /Private International Law

Trump's Obsession with Hillary is both Sad and Sick

It has been one year and 50 days since the day Trump was gifted the presidency by the Electoral College. For 18 months prior to his devastating defeat in the popular vote he attacked Hillary Clinton incessantly with the encouragement of the mainstream media. 396 more words

Gender Stereotyping: Case Update

The Lahore High Court’s decision in Government of Punjab vs. Qanoot Fatima etc. is by far one of the most progressive judgments on gender equality and will have a big impact on the development of our jurisprudence on Article 25. 607 more words

Pakistan

Trump's Mental Regression is the Prime Reason to Invoke Article 25

Even before Trump received the gift of the presidency from the Electoral College, those who have known him for decades stated that this Donald Trump is not the Trump they knew in their past. 261 more words

Trump

The United States of America: A Banana Republic with a Deranged Leader

Six months is enough. Before the complete and irreversible destruction of everything which made America a respected nation; respected for its protection of human rights and freedom for all, is achieved, Trump must be removed from office. 569 more words