An asymmetric jurisdiction agreement is an exclusive jurisdiction agreement for the purposes of the “anti torpedo” provisions of the Brussels Recast Regulation. This means that the court given exclusive jurisdiction for the...more
The High Court distinguished the Supreme Court decision of Lungowe v Vedanta Resources plc (Vedanta),1 giving more weight to the desirability of avoiding multiplicity of actions and the risk of inconsistent judgments when...more
An automotive component producer and an insurer have separately challenged the jurisdiction of the High Court in Iveco SpA & Iveco Ltd v Magna Electronics Srl [2015] EWHC 2887 (TCC), 13 November 2015 & XL Insurance Co SE v...more
2/22/2016
/ Automotive Industry ,
Breach of Contract ,
Contribution Claims ,
EU ,
France ,
Insurance Litigation ,
International Litigation ,
Italy ,
Joint Tortfeasors ,
Jurisdiction ,
UK
To what extent, if at all, does the English court have discretion to decline jurisdiction over proceedings commenced on the basis of domicile of the defendant, if the appropriate forum is a third state court? In particular,...more
Following the 2008 financial crisis, there has been greater focus by commercial parties on dispute resolution provisions in transaction documents. At the drafting stage, where (and how) parties' disputes are to be determined...more