Tags » Conflict Of Laws /Private International Law

Nori Holdings: High Court holds that West Tankers is still good authority even following Brussels I Recast. (Told you so).

In  EWHC 1343 (Comm) Nori Holdings v Otkritie  Males J follows exactly the same line as mine in commenting on West Tankers – specifically the bodged attempt in Brussels I Recast to accommodate the concerns over West Tankers’ sailing the Brussels I ship way too far into arbitral shores. 211 more words

Conflict Of Laws /Private International Law

Espírito Santo (in liquidation): CJEU on vis attractive concursus in the event of pending lawsuits (lex fori processus).

The title of this piece almost reads like an encyclical. C-250/17 Esprito Santo (in full: Virgílio Tarragó da Silveira Massa v Insolvente da Espírito Santo Financial GroupSA – readers will appreciate my suggestion of shortening), held last week, concerns the scope of Article 15 juncto 4(2)(f) of the EU’s Insolvency Regulation 1346/2000 (materially unchanged in Regulation 2015/848). 166 more words

Conflict Of Laws /Private International Law

Andrew Burness v Saipem SpA. Cyprus SC considers jurisdiction in the EEZ, and forum non conveniens.

Thank you  Elias Neocleous & Co  for reporting Andrew Burness v Saipem SpA, in which the Cypriot Supreme Court confirmed jurisdiction over claims related to Cyprus’ Exclusive Economic Zone (under UNCLOS), and rejected application of forum non conveniens. 126 more words

Conflict Of Laws /Private International Law

FC Black Stars Basel: international arbitration cannot circumvent non-arbitrability of employment disputes.

I post this item mostly as a point of reference for discussions on mandatory law, employment disputes, and the use of arbitral tribunals to circumvent limitations in domestic litigation. 91 more words

Conflict Of Laws /Private International Law

Platinum Partners: Comity no bar to allowing US discovery in Bankruptcy cases.

In Platinum Partners, Chapman J held that foreign discovery laws should be considered for comity concerns, yet they are not determinative of whether discovery should be permitted under United States law. 271 more words

Conflict Of Laws /Private International Law

Race to the Alps. Swiss Supreme Court relaxes its attitude to negative declarations in Swatch.

In 4A_417/2017 (litigants’ names per usual unnecessarily anonimysed; Ganzoni reveal it to be Swatch AG) the Swiss Federal Supreme Court (at 2) first of all correctly reminds us that neither the Lugano Convention nor Brussels I (or indeed the Recast) capture the procedural interest required for a party to request a negative declaration (of liability; in tort, contract or otherwise).  249 more words

Conflict Of Laws /Private International Law