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Jurisdiction Commercial Court

Vedder Price

English Court of Appeal dismisses appeal concerning the doctrine of undisclosed principal

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Summary - In a recent judgment concerning the law of agency and specifically the doctrine of undisclosed principal, the Court of Appeal upheld an earlier decision by the Commercial Court that the English courts do not...more

Morgan Lewis

The Introduction of Commercial Courts and Commercial Chambers in Germany

Morgan Lewis on

On April 1, 2025, the Act to Strengthen the Judicial System (Justizstandort-Stärkungsgesetz – Strengthening Act) came into force. This Act authorizes the federal states to establish specialized chambers for commercial matters...more

Conyers

A Specialist Court for a Global Hub: Celebrating 15 Years of BVI Commercial Court

Conyers on

Feb 2025 Following the success of the 1984 international Business Companies Act, the BVI’s financial services industry continued a trajectory of rapid development. As part and parcel of that development, commercial disputes...more

Farrell Fritz, P.C.

New Year, New (Proposed) Rules: Updates in the Commercial Division

Farrell Fritz, P.C. on

Amid the hustle and bustle of the holiday season, and gearing up for the new year, the Commercial Division Advisory Council (the “Advisory Council”) was hard at work in proposing new rule changes. On December 26, 2024, the...more

Mayer Brown

New Ruling Limits Jurisdiction of Texas Business Courts

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On October 30, the Dallas Business Court issued a long-awaited ruling of first impression, holding that Texas’ newly formed business courts have no jurisdiction over cases already in existence prior to September 1, 2024....more

Farrell Fritz, P.C.

Think Outside the Jurisdiction: International Discovery is Obtainable with the Assistance of the Commercial Division

Farrell Fritz, P.C. on

Every commercial litigator is familiar with the burdens at the discovery phase of litigation, whether it is a dispute over production, privilege, or just the sheer volume and cost (both time and money) associated. Be that as...more

Vinson & Elkins LLP

Everything You Need to Know About Texas’s Business Courts

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The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes. ...more

Vinson & Elkins LLP

Texas Business Court Could Make Litigation Faster, More Efficient

Vinson & Elkins LLP on

Texas’ new business court, which the state hopes will make complex litigation more efficient, opens in less than four months. And while there’s still uncertainty about how the court will operate, its structure and the Texas...more

Hogan Lovells

Neues Gesetz stärkt Justizstandort Deutschland: Einführung von Commercial Courts und Englisch als Gerichtssprache

Hogan Lovells on

Am 4. Juli 2024 verabschiedete der Bundestag das Gesetz zur Stärkung des Justizstandortes Deutschland. Es führt Commercial Courts und Englisch als Gerichtssprache in der Zivilgerichtsbarkeit ein, um die Attraktivität...more

Walkers

Stay a while: the interplay between winding-up proceedings and the mandatory stay provisions under the BVI Arbitration Act

Walkers on

The recent decision of the BVI Commercial Court (the "Court") (the Hon. Justice Ingrid Mangatal (Ag.)) in Kenworth Industrial Limited v Xin Gang Power Investments Limited BVIHCOM 2023/0006 has provided clarity on the...more

WilmerHale

Draft Bill for the Modernization of German Arbitration Law

WilmerHale on

Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more

Mayer Brown

A Reminder Of The Circumstances In Which ADR Provisions In Dispute Resolution Clauses Will Not Be Enforced

Mayer Brown on

Will the English Courts always give effect to a mandatory, binding dispute resolution clause that includes ADR as a condition precedent to litigation?  The decision in the recent case of Lancashire Schools v Lendlease serves...more

Conyers

How to Fail at Service Out: Misleaders Beware Jurisdiction Challenge – BVI Court Sets Aside Ex Parte Service Out Order in US$230...

Conyers on

In a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the...more

BCLP

Paris Litigation Gazette - Issue 5 - February 2024

BCLP on

On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of...more

K&L Gates LLP

Consumer Rights and Public Policy Prevent Recognition of Crypto US Arbitration Award in England

K&L Gates LLP on

If an online business thinks it is insulated from court proceedings by an arbitration clause in standard terms, the English Commercial Court decision in Payward Inc. v Chechetkin will give pause for thought, particularly...more

BCLP

Catch me if you can: How the English Courts are adapting to remain an effective jurisdiction to combat crypto fraud

BCLP on

The English courts have sought to lead the way in adjudicating crypto-related disputes and other technological matters in an international context. Recent decisions have demonstrated the English courts’ willingness to assist...more

K&L Gates LLP

English Court Sees No Obstacles to Enforcement of an English Court Judgment in the UAE

K&L Gates LLP on

The English Commercial Court has held, in the context of an application for security for costs against a United Arab Emirates (UAE)-domiciled bank, that there is no real risk that a judgment of an English Court may be refused...more

Latham & Watkins LLP

UK Supreme Court Finds Guaidó Is to Be Recognised as Venezuela’s Head of State in Gold Dispute

Latham & Watkins LLP on

The decision clarifies the role of the English courts and the UK executive branch in the recognition of foreign heads of state and the ability of English courts to adjudicate the lawfulness of executive and legislative acts...more

Hogan Lovells

Duty of Vigilance: the French Parliament confers jurisdiction on the Paris Civil Court only

Hogan Lovells on

The French Senate recently amended the bill for building confidence in the justice system, to provide for the jurisdiction of the Paris Commercial Court with respect to matters related to the duty of vigilance. The amendment...more

Patterson Belknap Webb & Tyler LLP

Forum Selection Clauses: Commercial Division Issues Reminder That Choice of Venue Must Be Designated with Specificity

Forum selection clauses are a common feature of commercial arrangements, allowing contracting parties to opt out of default procedural rules and determine ex ante which state will have jurisdiction over any future dispute...more

Conyers

Costs secured for opposing creditors: TLG Atma Ltd (Applicant) v Atlas Mara Limited (Respondent) BVIHC (COM) 0027 of 2021

Conyers on

In its judgment dated 28 July 2021, the BVI Commercial Court, determined both that as matter of jurisdiction, and in the exercise of his discretion he should permit creditors who successfully opposed the making of a...more

Goodwin

Litigation Insights - July 2021

Goodwin on

FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Conyers

BVI Court Orders Committal of Judgment Debtor Resident in Hong Kong: An Affirmation of the Commercial Court’s Pro-Enforcement...

Conyers on

In Sang Cheol Woo v Charles C Spackman, the BVI Commercial Court handed down its first written judgment on the issue of whether the Court has jurisdiction to grant a committal order against a judgment debtor resident and...more

Latham & Watkins LLP

Commercial Court: Compliance With Arbitral Preconditions a Question of Admissibility

Latham & Watkins LLP on

The decision clarifies the circumstances under which an arbitral award might be challenged. A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an...more

Farrell Fritz, P.C.

Pandemic Aftermath: The Rise Of Interstate Depositions And Discovery

Farrell Fritz, P.C. on

With global commerce massively affected by the COVID-19 pandemic, post-pandemic litigation will undoubtedly result in a rise of interstate depositions and discovery. In turn, litigants engaged in actions pending outside of...more

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