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Exclusive Jurisdiction International Litigation

White & Case LLP

Dispute Resolution Post-Brexit Transition Period

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For the duration of the Brexit transition period, the UK/EU Withdrawal Agreement provided for EU law to continue to apply to the UK. The transition period concluded on 31 December 2020 and, as widely anticipated, the UK and...more

White & Case LLP

Damages for breach of an exclusive jurisdiction clause

White & Case LLP on

A recent judgment by the German Federal Court of Justice strengthens the position of companies concluding a forum selection clause in favor of German courts. If German courts are selected as the exclusive forum, bringing an...more

Dechert LLP

U.S. Court Not Bound by Korean Law Conferring Exclusive Jurisdiction in Shareholder’s Derivative Actions

Dechert LLP on

Shareholder of a Korean corporation (“Cuzco Korea”), the sole member of a chapter 11 limited liability company debtor (“Cuzco USA” or the “Debtor”), brought an adversary proceeding against the Debtor and others, asserting...more

Latham & Watkins LLP

Jurisdiction clause – lack of express statement of application to “all claims” not fatal

Latham & Watkins LLP on

Jurisdiction clauses in contracts set out which countries’ courts have the right to hear disputes arising out of the contract. It is important that they are clearly drafted as ambiguity can lead to expensive disagreements...more

Locke Lord LLP

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

Locke Lord LLP on

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

Faegre Drinker Biddle & Reath LLP

Court of Appeal Grants Anti-Suit Injunction

In the case of Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more

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