May 2018 - international litigation blog
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May 2018

U.S.’s Withdrawal from Iran Nuclear Deal: Consequences on Transnational Litigation

President Trump’s decision to pull the United States out of the Iran nuclear deal (also called JCPOA) is likely to have repercussions on U.S.-EU cross-border litigation. In this short article, I wanted to highlight the EU’s most likely response towards the re-instatement of U.S. sanctions: the expansion of the EU’s blocking statute.READ MORE

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Council of the EU Adopts New Approach on Negotiating and Concluding EU Trade and Investment Agreements

Yesterday (22 May 2018), the Council of the European Union adopted its conclusions to the new approach on the negotiation of EU trade and investment agreements.

The adoption of this new approach is a direct consequence of Opinion 2/15 of the Court of Justice of the European Union (the CJEU) on the division of competences between the EU and its Member States.READ MORE

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Draft Bill to Establish Brussels International Business Court

On 15 May 2018, the Belgian government submitted to Parliament a draft bill (the Bill) for the creation of a Brussels International Business Court (the BIBC). As you may remember, we have already discussed the BIBC a couple of months ago after the Belgian government approved the Bill in October 2017. Since then (and before its submission to the Parliament), the Bill has been reviewed by both the High Council of Justice and the Belgian Council of State.READ MORE

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U.S. Supreme Court Excludes Foreign Companies From Alien Tort Statute

On 24 April 2018, the U.S. Supreme Court (the Supreme Court) handed down its judgment in Jesner v. Arab Bank, holding that foreign (i.e. non-U.S.) companies cannot be sued under the Alien Tort Statute (the ATS). The case builds on the Supreme Court’s judgment in Kiobel v. Royal Dutch Shell, in which the Supreme Court held that U.S. federal courts did not have jurisdiction under the ATS to hear claims for violations of international law that took place wholly outside the territory of the United States. After Kiobel, however, the question of whether the ATS also applied to corporations remained open. This question has now been settled in the present case.READ MORE

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New EU Commission Proposal for a Directive on Collective Representative Actions

On 11 April 2018, the EU Commission published a new legislative proposal on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC (the Proposal). In light of increasing cross-border trade and EU-wide commercial strategies, the Proposal aims to facilitate redress for consumers where there are widespread infringements of their rights in more than one EU Member State.READ MORE

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