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What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Five

Will the UK join the Lugano Convention 2007? Conflicting reports have emerged in recent days as to whether the EU will approve the UK’s application to join the Lugano Convention 2007, the UK’s preferred regime for...more

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Four

The EU-UK Trade and Cooperation Agreement has now been agreed. So what rules will apply to jurisdiction and foreign judgments in the UK from 1 January 2021? Introduction - It has been a long time in the making, but the...more

High Court Strikes Out “Largest White Elephant in the History of Group Actions”

A class action by 202,600 claimants arising from the collapse of the Fundão dam in Brazil was struck out as abuse of process. Background - In Município De Mariana & Ors v. BHP Group Plc & Anor (Rev 1), the largest group...more

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Three

English law, courts and arbitral tribunals may become more relevant and popular after Brexit, not less. Introduction - English law, courts, and arbitral tribunals may become more relevant and popular after Brexit, not...more

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Two

Four recent developments highlight the benefit of arbitration clauses amidst uncertainty about choice of court clauses. Introduction - With the end of the Brexit transition period on 31 December 2020 fast approaching,...more

Enforcement of Foreign Judgments 2021

Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what...more

English Commercial Court: Foreign Judgment Did Not Establish Issue Estoppel

Parties may struggle to establish issue estoppel based on a foreign judgment, even when they agreed exclusive jurisdiction of English courts. MAD Atelier International BV v. Manès [2020] EWHC 1014 (Comm) considers key...more

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit?

The UK has taken steps to accede to the Lugano Convention 2007, as maintaining the status quo under the Brussels Recast Regulation 1215/2012 will no longer be an option once the transition period expires. The UK has...more

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