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Conflict of laws

Found 25 legal briefings

Cross-border contracts - how to avoid disputes over governing law

The recent case of Presstek Europe Ltd v Multi-Digital De Impresion SL confirms that the failure to include a binding law and jurisdiction clause in a contract can give rise to unwelcome consequences if a dispute subsequently arises. This briefing provides practical tips to avoid such disputes.

Law Firm: Eversheds | Published: 20 April 2012 | Practice Area: Cross-border: Commercial and International Trade

Rating: 10 people found this useful

UK Supreme Court ruling on contract interpretation

How should the courts interpret a contract clause that has two possible meanings? This question was answered by the Supreme Court in a recent judgment. In this briefing, Field Fisher Waterhouse provides background to the case in question and outlines how the Court came to a decision.

Law Firm: Field Fisher Waterhouse | Published: 08 December 2011 | Practice Area: Conflict of laws

Dispute resolution clauses – lessons to be learnt from recent case law

Following on from a recent webinar on dispute resolution clauses, Herbert Smith have set out an overview of and links to recent case law, as well as a summary of lessons to be learnt concerning conflicting jurisdiction clauses, non-exclusive jurisdiction clauses and "torpedo" actions.

Law Firm: Herbert Smith | Published: 06 December 2011 | Practice Area: Alternative Dispute Resolution

Rating: 8 people found this useful

America we have a problem: High Court prevents US claimant from pursuing New York arbitration

In a recent case, Excalibur Ventures LLC v Texas Keystone Inc, the English Commercial Court restrained a claimant from pursuing an arbitration in a foreign jurisdiction. This briefing looks in detail at the case's facts and outlines how 'exceptional circumstances' led to an uncommon decision.

Law Firm: Macfarlanes LLP | Published: 04 October 2011 | Practice Area: Arbitration

Rating: 3 people found this useful

International arbitration news: developments in England, France and Hong Kong

This briefing summarises recent developments in international arbitration, including the ICC's amendments to its Arbitration Rules, news on the law of sovereign immunity in Hong Kong, as well as developments relating to Yukos Capital v OJSC Rosneft Oil Co and OPIC Karimum v Venezuela.

Law Firm: Herbert Smith | Published: 21 July 2011 | Practice Area: Arbitration

Rating: 3 people found this useful

When are pay cuts fair?

Where an employee has been dismissed for failing to accept a pay cut it may be relevant to consider whether management have also taken a pay cut when deciding if the dismissal was unfair. This briefing from Shoosmiths discusses the impact of a recent tribunal decision.

Law Firm: Shoosmiths | Published: 08 July 2011 | Practice Area: Merger Control

Rating: 5 people found this useful

Safe and sound – how far must employers go to keep personnel records secure?

Under the Data Protection Act, employers must have security measures to prevent employees' personal data being lost or stolen. Appropriate measures depend on the nature of the information and the risks of it falling into the wrong hands. This briefing outlines some recent case law in this area.

Law Firm: Travers Smith | Published: 08 July 2011 | Practice Area: Contract of Employment and Statutory rights

Rating: 7 people found this useful

Making ends meet – the regulation of payday loans

Recently there has been a proliferation of online providers of ‘micro loans’, one of the most prominent examples of which is Wonga. This article looks at some of the reason why this proliferation has taken place and speculates on the future regulation of this kind of business.

Law Firm: LG | Published: 07 July 2011 | Practice Area: Regulation and Compliance

Rating: 3 people found this useful

UAE insolvency laws exist!

When times were good in the UAE there was seldom any reason for an insolvency case. It became widely believed that the UAE does not have an insolvency law. However; insolvency law does exist - and it’s quite sophisticated. This article discusses the UAE’s insolvency provisions and how they work.

Law Firm: Habib Al Mulla & Company | Published: 20 June 2011 | Practice Area: Regulation and Enforcement

Rating: 3 people found this useful

The law of privacy – after Mosley vs UK, is the tide turning?

There has been a growing trend for celebrities to make use of the developing branch of privacy law to obtain injunctions that suppress details of their activities they do not wish to be widely known. Wragge & Co looks at privacy law in the UK.

Law Firm: Wragge & Co | Published: 11 May 2011 | Practice Area: Human rights

Rating: 1 person found this useful

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