The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions...more
Does global regulatory compliance feel like a moving target? For many organizations, staying ahead of the curve is not just advantageous – it's essential. Information about what regulations impact your organization and how to...more
On 26 March 2021, the European Commission (“Commission”) has, without any public consultation, published its new guidance on accepting merger referrals from Member States under Article 22 of the European Merger Regulation...more
Takeaways - Key international agreements governing jurisdiction and enforcement in EU-connected civil cases fell away in the UK at the end of 2020. - In negotiations, parties need to be aware where the gaps are — and...more
Brexit has well and truly arrived, and while the trade agreement that was reached on Christmas Eve 2020 is undoubtedly a very significant development in terms of the future relationship between the United Kingdom and European...more
Historically the UK has always been a popular country to litigate. Contract dispute clauses quite often refer to English law as the applicable law and the London courts as the go-to forum. ...more
Individuals who act outside their trade or profession when instructing brokers to execute FOREX contracts on their behalf must be regarded as "consumers" for the purposes of the Recast Brussels Regulation, according to a...more
A company listed on a stock exchange market is subject to various specific requirements which go beyond information obligations. Compliance with such stock exchange matters is a complex and demanding task, entailing a series...more
Antitrust and Competition - Best Practices Code for State aid control adopted by the European Commission - On 16 July 2018, the European Commission adopted a Code of Best Practices for the conduct of State aid control...more
Judgement clarifies that the Brussels Recast Regulation does not reverse the West Tankers decision. In Nori Holdings v Bank Otkritie, Justice Males in the High Court issued an anti-suit injunction to restrain court...more
The Situation: English law-governed documents have largely dominated the European swaps and derivatives markets since the landmark ISDA Master Agreement was published in 1987. The Development: The International Swaps and...more
A non-exclusive jurisdiction clause in favour of the English courts meant that the English court had no discretion to stay its proceedings or decline jurisdiction pending the outcome of related proceedings in a non-EU Member...more
The Brussels Regulation provides for an exception to the general rule that a claimant must sue a defendant in the EU Member State where the defendant is domiciled. The exception allows a claimant to sue a defendant where a...more
The English High Court has held that asymmetric jurisdiction clauses are exclusive jurisdiction clauses for the purposes of the Recast Brussels Regulation (the Recast Regulation). Where claims are issued by disputing...more
In a helpful decision for financial institutions, the High Court has held in Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc [2017] EWHC 161 (Comm) that an asymmetric (or ‘hybrid’) jurisdiction clause is...more
On 1 January 2017, the torch of the Presidency of the Council of the European Union (“EU”) was passed from Slovakia to Malta. The Presidency rotates every six months between the EU Member States, but continuity is guaranteed...more
On October 21, 2016, Skadden presented a seminar titled “Antitrust Law and Policies From Brussels to Washington, D.C.: The Atlantic Divide?” in Brussels. Former DG Competition Director General Sir Philip Lowe gave the keynote...more