News & Analysis as of June 5, 2025

Dispute Resolution

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Lost in Translation: Key Deal Points in European vs. U.S. M&A Transactions

Foley & Lardner LLP on 5/28/2025

After two decades practicing law in Silicon Valley and five formative years working on cross-border deals in Europe, I’ve come to appreciate the subtle (and not-so-subtle) differences in how merger and acquisition (M&A)...more

CJEU Ruling on Asymmetric Jurisdiction Clause Validity—Towards (un)Certainty?

Jones Day on 5/5/2025

The Court of Justice of the European Union ("CJEU") recently issued an important ruling in the case of Società Italiana Lastre SpA (SIL) v. Agora SARL (C-537/23). The decision addresses the validity criteria of asymmetric...more

Asymmetric Jurisdiction Clauses – The EU's Highest Court Gives Its View

Mayer Brown on 4/14/2025

On 27 February 2025, the EU's Court of Justice delivered its ruling on a case referred to it by the French Cour de Cassation concerning whether or not asymmetric jurisdiction clauses are valid as a matter of EU law;...more

CJEU rules on Asymmetric Jurisdiction Clauses without closing uncertainty

White & Case LLP on 3/12/2025

On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision (C-537/23) addressing the validity of asymmetric jurisdiction clauses under Article 25 of the Brussels Recast Regulation. While...more

Disputes 101- Contractual interpretation: through the looking-glass

A&O Shearman on 2/6/2025

If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more

Clause for celebration: the effectiveness of entire agreement provisions

A&O Shearman on 1/15/2025

Entire agreement clauses are very common. This recent decision confirms their effectiveness: JMW Solicitors v Injury Lawyers 4U. Background – shareholder dispute - Some firms of solicitors, including JMW, set up a...more

Termination turmoil: when knowing your rights makes all the difference

A&O Shearman on 12/4/2024

The High Court in URE Energy v Notting Hill Genesis found that whether a party is aware of its termination right under a contract depends solely on the evidence and requires actual, not constructive, knowledge. However,...more

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on 11/9/2023

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Risky Business, Voldemort and Force Majeure: The Tale of the West Leo Rig

Bracewell LLP on 7/12/2018

With apologies to movie fans everywhere, this briefing has nothing to do with Tom Cruise’s 1983 comedy or the Harry Potter films. Rather, it actually concerns the recent English High Court decision in Seadrill Ghana...more

Brexit: What You Need To Know - Litigation

Troutman Pepper Locke on 7/13/2016

As the intertwined laws of the UK and the EU are unravelled in the exit negotiations, changes to litigation seem inevitable. Contracts: At the moment the changes are unknown and in particular we do not know if any...more

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