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Choice-of-Law International Litigation

A&O Shearman

Governing law of an arbitration agreement: Supreme Court Enka v Chubb

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In Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court unanimously held that, if the parties have chosen a governing law for a contract containing an arbitration clause, this would...more

BCLP

What law governs your arbitration clause? You decide.

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It’s midnight and you’re in the final stages of negotiation in a complex international transaction. It’s probably a safe bet that the one thing that is not keeping you awake is a concern over what law governs the arbitration...more

Hogan Lovells

Enka v Chubb: Supreme Court decision promotes certainty and enforceability

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The court’s judgment also reaffirms that, where English law is the law of the seat, the English courts generally have jurisdiction to grant anti-suit injunctions to restrain breaches of the arbitration agreement, even where...more

White & Case LLP

Court of Appeal confirms power of English Courts to grant anti-suit injunctions in support of London-seated arbitrations,...

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In its recent decision in Enka v Chubb [2020] EWCA Civ 574,1 the Court of Appeal strongly endorsed the English courts' power to grant anti-suit injunctions restraining foreign proceedings brought in breach of an arbitration...more

Foster Garvey PC

Chinese and U.S. Courts Support Cross-Pacific Enforcement of Commercial Judgments

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Businesses and entrepreneurs on both sides of the Pacific should be aware and celebrate that just as cross-border commerce is increasing, so, too, is international judicial recognition of commercial judgments, as evidenced by...more

Blake, Cassels & Graydon LLP

Who Is My Neighbour? Ontario Court Rejects a Duty of Care to Employees of Foreign Suppliers

The Ontario Superior Court of Justice recently dismissed a proposed class action arising out of the collapse of a manufacturing facility in Bangladesh. On July 5, 2017, in Das v. George Weston Limited (Das), the court found...more

Blank Rome LLP

Don’t Be an April Fool: How to Avoid the Hague Hangover

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In the latest variation on “April Fool,” the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary will become effective in the U.S. on April 1, 2017. In one of its...more

Sullivan & Worcester

Hague Securities Convention Takes Effect to Clarify Applicable Law Governing Securities Accounts Held by Intermediaries

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On April 1, 2017, the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the "Convention") will take effect in the United States. On December 15, 2016, the United...more

Clark Hill PLC

Texas Legislative Outlook

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It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

Proskauer - Minding Your Business

Choice of Law Principles in Cross-Border Privilege Disputes: Whose Law Applies?

The Attorney-Client Privilege and Work Product Doctrine in the United States and Abroad - The attorney-client privilege and work product doctrine are important and well-known concepts to nearly every lawyer in the...more

Proskauer - Minding Your Business

Dueling Forums: New York Court Rejects Australian Court’s Effort to Disregard New York Forum Selection Clause

A producer and a distributor entered into an agreement to sell shoes in Australia. The contract contained broad New York choice of law and venue provisions. When relations soured, the distributor brought suit in an...more

Locke Lord LLP

Locke Lord Article: Enforcing US Stock and Bonus Plan Provisions Against UK Executives

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Summary - Key UK Court of Appeal decision highlights the difficulty in enforcing US choice of law provisions within stock or bonus plans against UK based executives. The Issue - It is not unusual for US...more

BakerHostetler

[Event] Planning and Protecting Your Projects Through International Contracts – Beyond the Boilerplate - Oct. 29th, Houston, TX

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Please join BakerHostetler’s International Disputes practice team on Thursday, October 29, 2015, from 7:30 - 9:00 a.m. CDT (WEBINAR will start at 8:00 a.m. CDT), for the first program in a series of in-depth presentations and...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Issues Judicial Interpretation to Define Foreign-Related Civil Relationships

The People’s Supreme Court issued a Judicial Interpretation on December 28, 2012, made effective on January 7, 2013, regarding the application of the Law of the People's Republic of China on Application of Laws to...more

K&L Gates LLP

Arbitration World - December 2012

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From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic...more

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