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No anti-suit injunction available against a state

In the absence of consent by the state, a party will not be able to obtain an anti-suit injunction against a state (nor any other injunction or order for specific performance). Venezuela was entitled to claim immunity under...more

Brexit and dispute resolution clauses: the options for finance parties

The end of the Brexit transition period on 31 December 2021 marked a period of momentous change in the field of private international law, with the UK departing from long standing regimes covering the allocation of...more

Applicability Of Late Payment Of Commercial Debts (Interest) Act 1998 – What Is A "Sufficient Connecting Factor" With England?

In Martrade Shipping & Transport GmbH v United Enterprises Corp [2014] EWHC 1884 (Comm), 12 June 2014, Popplewell J considered the application of the Late Payment of Commercial Debts (Interest) Act 1998 (the 1998 Act) to...more

Brussels Regulation (Recast): Are You Ready?

This article looks at the concerns with Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation) and examines how far they are...more

6/26/2014  /  Arbitration , EU , European Commission

The end of the road for "one-way" jurisdiction and arbitration clauses?

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

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