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international litigation blog

Brexit (2): Consequences on Cross-Border Civil Litigation

As mentioned a couple of weeks ago, I have decided to devote a series of blog posts to the consequences of Brexit on cross-border-civil litigation and arbitration.

After a first post which discussed the issue of whether arbitration could be used to fix unresolved post-Brexit U.K.-EU matters, this post examines the consequences of Brexit on rules regarding jurisdiction, choice of law and recognition and enforcement of foreign judgments.READ MORE

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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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OHADA Adopts and Updates Laws on Arbitration and Mediation

On 23 and 24 November 2017, the Council of Ministers of OHADA (“L’Organisation pour l’Harmonisation en Afrique du Droit des Affaires” – OHADA) adopted three major tools aimed at favouring alternative dispute resolution mechanisms in African countries. More specifically, the Council of Ministers adopted (i) a new Uniform Act on Mediation; (ii) a revised Uniform Act on Arbitration; and (iii) updated rules of arbitration of the Common Court of Justice and Arbitration (the CCJA).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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