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Jurisdiction Contract Disputes United Kingdom

Mayer Brown

High Court Provides Welcome Clarity on English Jurisdiction Clause in 1992 ISDA Master Agreement

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INTRODUCTION - In its recent judgment in Dexia SA v Comune di Torino [2025] EWHC 1903 (Comm), the English High Court provided welcome clarity on the construction of the English jurisdiction clause in an English law 1992...more

Mayer Brown

Hague 2019 in force in the UK – Good News for Commercial Parties

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On 1 July 2025, the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019) entered into force in the United Kingdom. Hague 2019 is a multilateral...more

Latham & Watkins LLP

Hague Judgments Convention 2019 Enters Into Force in the UK

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UK membership will strengthen cross-border enforcement of English court judgments and reinforce London’s position as a key global centre for dispute resolution....more

Vedder Price

Success for aircraft lessors in Russian aircraft lessor policy claims

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Background - The English Commercial Court has handed down a highly anticipated judgment in a multi billion-dollar insurance claim arising out of the failure of various Russian airlines to return leased aircraft to lessors...more

Bracewell LLP

Reinforcing the Regime: Key Updates to Arbitration in England and Wales

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The Arbitration Act 2025 (the “Act”) received Royal Assent on 24 February 2025. Its stated aim is to amend the Arbitration Act 1996, which governs arbitral claims seated in England and Wales. It marks a gentle evolution of...more

Mayer Brown

Legal Developments in Construction Law: May 2025

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1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration.  But was that assignee the correct...more

Morgan Lewis

English High Court Upholds the Primacy of an Exclusive Jurisdiction Clause in a Subsequent Settlement Agreement

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The English High Court in Destin Trading v Saipem SA refused the defendant’s application for a stay of proceedings under Section 9 of the Arbitration Act 1996 on the basis that an exclusive dispute resolution clause in favour...more

A&O Shearman

Horizontal agreements: Is arbitration part of the rules of the game?

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In a recent judgment, the High Court implied an agreement to arbitrate disputes between two parties with no direct contractual relations based on each of the parties’ express, independent agreement to comply with the rules of...more

BCLP

Reminder of the Principles of Assignment

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In this Insight, Katharine Tulloch takes a look at the case of Grove Construction (London) Limited v Bagshot Manor Limited [2025] EWHC 591 (TCC) which provides a welcome reminder of the care which should be taken when...more

BCLP

Battle of the Forms: A Recent Example

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In this Insight, first published in the March 2025 edition of the NEC Newsletter, Shy Jackson considers the topic of the “battle of the forms” in the context of a recent Scottish case, Caledonia Water Alliance v Electrosteel...more

BCLP

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

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Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —...more

BCLP

Enforcement of Judgments Between France and England

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Being able to enforce a judgment is of crucial importance for businesses: securing a judgment is a pyrrhic victory unless it can be enforced. Here we explore whether concerns about the recognition and enforcement procedure...more

Latham & Watkins LLP

Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

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A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more

A&O Shearman

Standard terms provide resistance against "last shot" doctrine

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While the “last shot” generally wins the contractual “battle of the forms”, the Court of Appeal confirmed that, exceptionally, careful drafting of a party’s standard terms could create an overarching “master agreement”...more

Cadwalader, Wickersham & Taft LLP

Recent Amendments to English Civil Procedure Help Simplify the Issuance of Contractual Claims Against Foreign Defendants—Service...

On 6 April 2021, an amendment was introduced to the Civil Procedure Rules 1998 (S.I. 1998/3132) (the “CPR”) at Part 6 concerning service out of the jurisdiction. The change is of interest where at least one or more...more

Goodwin

Litigation Insights - July 2021

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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

Latham & Watkins LLP

Court of Appeal: London-Seated Arbitration Cannot Circumvent Mandatory Arbitration Act Requirements

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Decision confirms parties’ statutory right to challenge awards under s.67 and s.68. The Court of Appeal has overturned a High Court decision which granted a stay of an application challenging an award pending the...more

Latham & Watkins LLP

English Court of Appeal Clarifies Test for Determining Jurisdictional Challenges

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Applicants challenging jurisdiction must satisfy a single three-limbed test, rather than establish a ‘good arguable case’ and ‘better of the argument’. The English Court of Appeal has clarified the correct test to be...more

A&O Shearman

Don’t delay if doubting jurisdiction of arbitration tribunal

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This case is a salutary reminder of the need for a party to raise a jurisdictional challenge in arbitration quickly. The losing party in this application should have acted urgently – within “a day or two” – on discovering...more

A&O Shearman

Limits of non-exclusive jurisdiction

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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

A&O Shearman

Renegotiation clause in long-term contract – what if parties cannot agree?

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A long-term licence agreement provided that if the parties could not agree on changes to the contract to reflect a major change in circumstances the matter would be referred to an arbitrator who would decide the new terms....more

Latham & Watkins LLP

Rebalancing the Law on Asymmetric Jurisdiction Clauses

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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

Morrison & Foerster LLP

Will You Be Caught In The 'Wrong' Law Or Courts Post-Brexit?

The European Union legal regime currently provides contracting parties with significant predictability and stability. The United Kingdom’s election on June 23, 2016, to exit the EU presents a potential affront to such...more

Morrison & Foerster LLP

Brexit: Service - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Morrison & Foerster LLP

Brexit: Recognition and Enforcement of Judgments - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

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