News & Analysis as of

Exclusive Jurisdiction Jurisdiction

Rebalancing the Law on Asymmetric Jurisdiction Clauses

by Latham & Watkins LLP on

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

Commercial Court confirms that asymmetric jurisdiction clauses may be exclusive for the purposes of EU law

by DLA Piper on

Asymmetric jurisdiction clauses - also known as one-sided or 'for the benefit' clauses - are common in international financial services agreements, but their validity under EU law has been questioned in recent years by the...more

Supreme Court of Illinois Says Courts Can Decide ARES Rate Disputes

by Foley & Lardner LLP on

Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s...more

Brussels Recast anti-torpedo protection for hybrid jurisdiction clauses

by Allen & Overy LLP on

In Perella Weinberg Partners UK LLP & anr v Codere SA [2016] EWHC 1182 (Comm) the High Court has held, albeit obiter, that an asymmetric (or hybrid) exclusive jurisdiction clause falls within the definition of “exclusive” for...more

Potential Changes to Interstate Custody Dispute Law in Massachusetts

by Burns & Levinson LLP on

After a three month maternity leave, and a few months adjusting to being a full-time working mom, I’m excited to be back to contributing my thoughts to this blog! I’m also excited to be writing on a topic that I not only find...more

Supreme Court Rejects Maryland Power Plant Subsidies, But Signals Permissible Ways for States to Incentivize New Plants

by Davis Wright Tremaine LLP on

In recent years, Maryland attempted to subsidize new power plants by guaranteeing prices for generating capacity at wholesale auctions administered by PJM Interconnection L.L.C. (PJM). Tuesday, the Supreme Court unanimously...more

The Supreme Court - April 2016 #3

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases on April 19, 2016: Hughes v. Talen Energy Marketing, LLC, No. 14-614: Congress, though the Federal Power Act (“FPA”), 16 U.S.C. §791a et seq., vested...more

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

by 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

Oklahoma Supreme Court Finds Subject Matter Jurisdiction Over Earthquake Claims

by Beveridge & Diamond PC on

Potentially opening the door for litigation that seeks to tie deep-well injection of hydraulic fracturing flowback and other wastewater to damage caused by earthquakes, the Oklahoma Supreme Court unanimously held that state...more

"Irreconcilable Clash" of Jurisdictions

by Faegre Baker Daniels on

James Petter was a U.K.-based senior employee of the U.K. subsidiary of a U.S. company. As part of his compensation package, he was awarded restricted stock units (RSU) under the U.S. parent’s plan. The plan contained an...more

Supreme Court of Canada Clarifies Boundaries Between Provincial and Federal Courts

by Bennett Jones LLP on

Robert Strickland and five other applicants sought to challenge the Federal Child Support Guidelines as unlawful. They argue that the Guidelines are not authorized by the Divorce Act. Unfortunately, this important issue,...more

Oklahoma Holds Question of Whether Fracking Causes Earthquakes is for the Courts to Decide.

by Cozen O'Connor on

The issue of whether hydraulic fracturing or “fracking” causes earthquakes has first-party insurance implications because policies typically exclude damage from tremors attributable to man-made causes as opposed to purely...more

Court of Appeal holds standard clause in bills of lading to be exclusive English jurisdiction clause

by Reed Smith on

Hin-Pro International Logistics Ltd v Compania Sud Americana de Vapores SA [2015] EWCA Civ 401 - The Appellant Freight Forwarder commenced actions in China under 70 bills of lading, which incorporated the Respondent’s...more

Texas High Court Confirms Exclusivity of Texas Workers’ Compensation Claim Remedy, Even for Alleged “Independent Injuries”

by Wilson Elser on

In a highly anticipated decision, the Texas Supreme Court emphasized its commitment to the exclusive jurisdiction of the Texas Division of Workers’ Compensation Act (Act) to deal with and respond to claims arising out of the...more

Bylaw of Delaware Corporation Providing for Exclusive Forum in North Carolina Upheld

In City of Providence v. First Citizens Bancshares, Inc., C.A. No. 9795 (Del. Ch. Sep. 8, 2014), Delaware Chancellor Bouchard upheld a bylaw adopted by the board of directors of a corporation incorporated in Delaware...more

Corporate and Financial Weekly Digest - Volume IX, Issue 36

In this issue: - Bylaw of Delaware Corporation Providing for Exclusive Forum in North Carolina Upheld - FINRA Board to Consider Rule Proposals Regarding Private Trading Platforms - CBOE and C2 in...more

Contract made in two places at once - a possibility under UK law

The High Court of England and Wales has recently decided that a contract can, in principle, be made in two separate jurisdictions at the same time if the contract does not include choice of law and jurisdiction clauses. In...more

What Happens in England, Stays In England?

by Latham & Watkins LLP on

In the decision In the matter of “The Alexandros T”, the UK Supreme Court restricted the application of Articles 27 and 28 of Council Regulation (EC) No 44/2001 in a long-running insurance dispute involving multiple...more

Is There Supreme Court Exclusive Jurisdiction Over Patent Inventorship Disputes Between State Universities? Federal Circuit Says...

by Foley & Lardner LLP on

In University Of Utah V. Max-Planck-Gesellschaft, the Federal Circuit was faced with deciding whether a patent inventorship dispute between two different state universities is a “dispute between two states” that falls under...more

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