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The arbitration exception and the review of the Brussels I Regulation – The...
The Council in June issued its ‘General Approach‘ on the review of the Brussels I Regulation /the Jurisdiction Regulation – just in time as it happened for June exams . The General Approach is the...
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Supreme Court confirms broad use of anti-suit injunctions to support arbitration
The UK Supreme Court confirmed on 13 June the broad use of anti-suit injunctions in Ust-Kamenogorsk. I have reported earlier (e.g. here) on the tension between the common law and the ECJ over the use...
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Unamar: Better get those travaux préparatoires out. The ECJ does not rule out...
I reported earlier on the AG’s Opinion in Unamar, Case C-184/12. The Court held this morning. The facts of the case were as follows: in 2005, Unamar, as commercial agent, and NMB, as principal,...
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Does the EU need an arbitration Regulation?
John Gaffney has written a well considered paper on the need for an EU Arbitration Regulation, within certain specific confines. It highlights inter alia the possibilities under among others the New...
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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...
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Belgian supreme court holds on gold-plated provisions in Unamar. Appeal...
Writing a case-note on Unamar is becoming an ever moving target: the Belgian Supreme Court (Hof van Cassatie /Cour de Cassation) held on 12 September, following the ECJ’s judgment in same – I would...
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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...
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Toyota v Prolat and the Brussels I arbitration exception. Plus ça change.
In Toyota v Prolat, the High Court was asked by Toyota to confirm the existence of an agreement between parties to arbitrate. The arbitral panel, already seized by Toyota, agreed that it would be best...
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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...
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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...
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Hague principles on Choice of law in international commercial contracts. A...
I have delayed reporting on the Hague Principles on choice of law in international commercial contract for exam reasons. The principles (and accompanying commentary) have not taken the form of a...
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New York fracking boundaries: The ultimate relocation advice resulting from...
Travel is a wonderful opportunity to catch up on reading back issues of The Economist. Now I have made a valiant effort in recent years to reduce the pile. I am now only a few months behind. (I read...
View ArticleA little pousse-cafe. Gaz de France v STS: annulment of arbitral award on...
Something to digest quietly, to start this new year: in Gaz de France v STS the French Conseil d’Etat annuled an arbitral award for breach of ordre public. The Conseil objected in particular to the...
View ArticleSinocore International Co Ltd v RBRG Trading: The commercial court on fraus,...
Fraus omnia corrumpit (fraud corrupts all; alternatively formulated as ex turpi causa non oritur actio) is not easily applied in conflict of laws. See an earlier post here. In [2017] EWHC 251 (Comm)...
View ArticleThe Brussels International Business Court – BIBC: Some initial thoughts.
Update 9 Mach 2018 for the rules of procedure of the International Commercial Chambers of the Amsterdam District Court (Netherlands Commercial Court) and the Amsterdam Court of Appeal (Netherlands...
View ArticleT v O: Unamar, Ingmar and ordre public /overriding mandatory law in Austria.
Tobias Gosch and Venus Valentina Wong have excellent overview of T v O (why o why do States feel the need the hide the identity of companies in commercial litigation) in which the Austrian Supreme...
View ArticleThe Brussels International Business Court – My notes for the parliamentary...
I was at the Belgian Parliament yesterday for a hearing on the BIBC, following publication of the Government’s draft bill. For those of you who read Dutch, my notes are attached. We were limited to two...
View ArticleThe Brussels International Business Court – Council of State continues to...
I have reported twice before on the BIBC – once viz the initial version and a second time with my short report for the Parliamentary Hearing. I have now had a minute to review the Council of State’s...
View ArticleThe Hague Judgments project rolls on. And a quick note on [2018] FCA 549...
Kraft Foods v Bega Cheese [2018] FCA 549 was signalled to me by Michael Mitchell back in early May – now seems a good opportunity briefly to report on it. The Federal Court of Australia issued an...
View ArticleMenon CJ of Singapore’s Supreme Court on cross-border insolvency.
Many thanks to Filbert Lam for alerting me to Menon CJ’s most exquisite 2018 speech on cross-border insolvency law. His honour’s talk addresses forum shopping (including for cram down reasons), the...
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