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| 1 | Looking ahead tracker: developments in dispute resolution A tracker outlining anticipated key developments in litigation and alternative dispute resolution (ADR). | Practice Notes | Maintained |
| 2 | Reform of the Brussels Regulation: tracker A table outlining the key stages of the reform of Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation). | Practice Notes | Maintained |
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| 1 | UK Supreme Court clarifies "commercial purposes" exception ... The UK Supreme Court has issued a decision relating to the enforcement of state assets in SerVaas Incorporated v Rafidain Bank and others [2012] UKSC 40. This decision provides guidance on the scope of the "commercial purposes" exception from immunity from execution. | Articles | 05-Sep-2012 |
| 2 | Liability of state-owned companies for debts of state ... The Privy Council ruled on the liability of state-owned corporations for debts of the state in La Générale des Carrières et des Mines v FG Hemisphere Associates LLC [2012] UKPC 27 (17 July 2012) (Gécamines). The case provides a statement of the law that will be decisive in many jurisdictions. The Privy Council gave a very restrictive reading of the circumstances in which a state-owned entity may be vulnerable to enforcement action by a creditor of the state. A state-owned entity will only be equated with the state for this purpose in specific extreme circumstances. This makes finding and enforcing against state assets even more difficult than it was. Parties should consider the implications of Gécamines carefully when contracting with state bodies. | Articles | 01-Aug-2012 |
| 3 | Litigating in harmony: the standardisation of EU cross-border ... As the incidence of commercial disputes involving litigants in different jurisdictions increases, supra-national legislators, including the institutions of the EU, seek to improve the efficacy and ease with which cross-border disputes are handled. This analysis article examines the key pieces of legislation that have been enacted by the EU towards harmonising litigation and dispute resolution procedures across its member states. This article examines proposals for reform of Brussels I, including reform of the current rules on recognition and enforcement of judgments and a proposed interface between Brussels I and arbitration. This article also discusses the Insolvency Regulation, the European Enforcement Order Regulation, the Service of Documents Regulation, the Evidence Regulation, the European Order for Payment Regulation, the Small Claims Regulation and the Mediation Directive. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg. | Articles | 01-Jul-2012 |
| 4 | Cross-border insolvencies: UK and US markets compared The second part in a series on distressed debt considers and compares the insolvency proceedings and regimes in the UK and the US. | Articles | 20-Nov-2008 |
| 5 | Multi-jurisdictional enforcement: chasing those assets An outline of how to plan an enforcement strategy should a cross-border dispute arise. | Articles | 20-Sep-2007 |
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| 1 | Article on "commercial purposes" exception in state immunity ... We have published an article on the UK Supreme Court's decision in SerVaas Incorporated v Rafidain Bank and others [2012] UKSC 40, which gives guidance on the scope of the "commercial purposes" exception to immunity from execution. | Legal Update: archive | 05-Sep-2012 |
| 2 | Article on Gécamines v FG Hemisphere Associates LLC We have published an article on the decision in La Générale des Carrières et des Mines v FG Hemisphere Associates LLC [2012] UKPC 27 in which the Privy Council ruled on the liability of state-owned corporations for debts of the state. (Free access). | Legal Update: archive | 01-Aug-2012 |
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| 1 | Comity | Glossary | Maintained |
| 2 | Hague Convention on Choice of Court Agreements | Glossary | Maintained |
| 3 | Commercial purposes exception to state immunity (Supreme ... In SerVaas Incorporated v Rafidain Bank and others [2012] UKSC 40, the Supreme Court held that the commercial purposes exception to state immunity did not apply, and so dismissed an appeal against a decision upholding immunity from execution. | Legal Update: Case Report | 21-Aug-2012 |
| 4 | Assets of state-owned company not to be equated with the ... In La Générale des Carrières et des Mines v F.G. Hemisphere Associates LLC [2012] UKPC 27, the Privy Council considered the circumstances, if any, in which the assets of state-owned companies could be equated with the state and its assets. | Legal Update: Case Report | 18-Jul-2012 |
| 5 | Payment to unauthorised agent does not discharge liability ... The High Court has ordered enforcement of an arbitration award despite payment having purportedly having been made, as the defendant had failed to note the claimant's instructions regarding payment and had paid an unauthorised agent: Razcom CI v Barry Callebaut Sourcing AG [2010] EWHC 2598. | Legal Update: Case Report | 27-Oct-2010 |
| 6 | Court of Appeal confirms the consequences of foreign ... An update on Syska (Elektrim SA) v Vivendi Universal SA & Ors [2009] EWCA Civ 677, in which the Court of Appeal considered the consequences of a foreign insolvency on a pending LCIA arbitration. | Legal Update: Case Report | 14-Jul-2009 |
| 7 | West Tankers applied An update on DHL GBS (UK) Ltd v Fallimento Finmatica SpA [2009] EWHC 291 (Comm), in which the ECJ decision in West Tankers was considered in the context of an application to stay an appeal against registration of an Italian judgment granted in breach of a London arbitration clause. | Legal Update: Case Report | 24-Feb-2009 |