Jurisdictional issues Archives - Page 2 of 3 - international litigation blog
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Jurisdictional issues

CJEU Rules on Issues of Lis Pendens and Jurisdiction Under Lugano Convention

Dear Readers – Happy New Year!

For a fresh start to the year, I wanted to highlight a recent judgment (dated 20 December 2017) of the Court of Justice of the European Union (the CJEU) which interprets the jurisdictional and lis pendens requirements contained in the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Lugano Convention). As most of you know, the Lugano Convention aims at extending the Brussels I Regulation’s regime on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters within the EU to Iceland, Norway and Switzerland.READ MORE

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Data Protection & International Litigation: Upcoming Developments in U.S. and EU Laws

As you would certainly have noted, data protection is on the rise and has become a daily source of concern for individuals as well as companies and businesses (suffice it to recall that, on 25 May 2018, the EU Global Data Protection Regulation (i.e. European Union’s major updated legislation on privacy and data protection) will enter into force. Meanwhile Uber and Equifax have just suffered major data breaches).

As demonstrated by the two cases below, international litigation is not immune from the flurry of excitement over privacy and data protection.

Maximilian Schrems v. Facebook Ireland Limited

The first case concerns a dispute pending before the Court of Justice of the European Union (the CJEU) between Maximilian Schrems and Facebook Ireland Limited (Facebook or Facebook Ireland).

Maximilian Schrems is a well-known Austrian activist in the field of technology and electronic privacy. Previously, Mr. Schrems had successfully challenged the transfer of data from the EU to the U.S. through the Safe Harbour regime.

In the present case, Mr. Schrems (who maintained two presences on Facebook: (i) an “account“, which was for personal use, and (ii) a public “page” used for promoting his books, lectures, media appearances and fundraising activities) sued Facebook Ireland, the European subsidiary of Facebook Inc., for alleged violations of his data protection rights, as well as those of seven other Facebook users.READ MORE

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China Signs The Hague Convention on Choice of Court Agreements

On 12 September 2017, the People’s Republic of China (China) signed The Hague Convention of 30 June 2005 on Choice of Court Agreements (the Convention).

This Convention aims at encouraging international judicial cooperation by requiring courts of member States (i) to respect exclusive forum clauses agreed upon by parties in their commercial agreements (Chapter II of the Convention); and (ii) to recognise and enforce judgments and court decisions rendered abroad (Chapter III of the Convention).READ MORE

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U.S. Supreme Court in May… Arbitration and International Litigation Not Far Away

Spring and the month of May seem to have inspired the U.S. Supreme Court (the Supreme Court) justices. In less than three weeks, the Supreme Court rendered three interesting opinions with respect to arbitration and international litigation:

  • Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co. (on FSIA pleading standards);
  • Kindred Nursing Centers Partnership v. Clark (on whether state-law could require that a PoA expressly refer to arbitration agreements before an attorney-in-fact can bind his or her principal to an arbitration agreement);
  • Water Splash, Inc. v. Menon (on whether the Hague Service Convention allows service of process by postal channels).

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Court of Justice of the EU Holds that National Courts Have Jurisdiction to Block Sales on Foreign Websites

On 21 December 2016, the Court of Justice of the European Union (the CJEU) delivered an interesting judgment in Concurrence SARL v. Samsung Electronics France and Amazon Services Europe SARL on the interpretation of Article 5(3) of Regulation 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation).

Article 5(3) of the Brussels I Regulation provides that, in matters relating to tort, a person domiciled in an EU Member State may, in another EU Member State, be sued “in the courts for the place where the harmful event occurred or may occur“.

The CJEU delivered the judgment in response to a question referred for a preliminary ruling by the French Supreme Court in proceedings between, on the one hand, Concurrence SARL (Concurrence) and, on the other hand, Samsung Electronics France SAS (Samsung) and Amazon Services Europe SARL (Amazon).READ MORE

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English High Court Rules on Claims Brought by Foreign Plaintiffs, Against Foreign Defendant, for Conduct Outside the U.K.

On 26 January 2017, the English High Court (the Court) rendered a very interesting judgment on the possibility for foreign plaintiffs to rely on a U.K.-based company’s duty of care vis-à-vis its foreign subsidiaries in order to assert the jurisdiction of U.K. courts over acts committed outside the U.K. by those subsidiaries.

In the case at hand, members of local Nigerian communities brought legal proceedings before U.K. courts seeking recovery for oil pollution allegedly caused by a Nigerian subsidiary of Royal Dutch Shell (Shell Petroleum Development CompanySPDC) in the Niger Delta.READ MORE

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