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Mirror, mirror. Cartesio obiter clarified in Vale. The Court of Justice...
In family law, the status and capacity of a natural person is largely determined by a person’s nationality, which generally stays with it for life, or, particularly in common law countries, by a...
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KA Finanz: On the ‘corporate exception’ of European private international law
In Case C-483/13 KA Finanz AG, the ECJ is asked to clarify the ‘corporate exception’ to the Rome Convention and subsequent Regulation on the law applicable to contractual obligations. The two main...
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Winter has truly arrived. Bot AG skates around lex societatis issues in KA...
In Case C-483/13 KA Finanz AG, the CJEU is asked to clarify the ‘corporate exception’ to the Rome Convention and subsequent Regulation on the law applicable to contractual obligations. The two main...
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Just prove it! CJEU on lex causae and detrimental acts (pauliana) in Nike.
Postscript for an example of where Article 4(2)m, lex fori concursus for rules relating to the voidness, voidability or unenforceability of legal acts detrimental to all the creditors, applies without...
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Not quite HoHoHo (yet): OOO PROMNEFTSTROY v Yukos: Insolvency and conflict of...
Granted, the (bad) pun in the title would have worked better around the end of year, which is when I had originally planned this posting, before I got sidetracked. Bob Wessels has excellent overview...
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The Pfizer /Allergan collapse: An end to Celtic Cash and a source of...
I shall keep this post short for otherwise it risks developing into a book. In a week which also saw the Panama papers blow a hole in the use of tax havens for individuals, the collapse of the Pfizer...
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KA Finanz. The CJEU finds it does not need to entertain the corporate...
Thank you, Matthias Storme, for alerting me late last night that judgment was issued in Case C-483/13 KA Finanz AG. The CJEU is asked to clarify the ‘corporate exception’ to the Rome Convention and...
View ArticleWathelet AG in E.ON v Dědouch: Interpretation of the exlusive jurisdictional...
This is effectively my second posting today on Article 24(2) Brussels I Recast. In C-560/16 E.ON v Dědouch, Wathelet AG Opined last week, on the scope of the exclusive jurisdictional rule of (now)...
View ArticleCuzco v Tera (Chapter 11). Respect for Korean exclusive jurisdictional rule...
Thank you Dechert for flagging Case No. 16-00636 Cuzco v Tera (Chapter 11), in which Faris J with great clarity wades in on a motion to dismiss US Chapter 11 jurisdiction in favour of exclusive...
View ArticleKokott AG in Kerr v Postnov(a): How house association meetings turn into a...
Advocate General Kokott opined end of January in C-25/18 Brian Andrew Kerr v Pavlo Postnov and Natalia Postnova (let’s call the case Kerr v Postnov(a)). The case concerns the application of Brussels I...
View ArticleJudgment in Kerr v Postnov(a): a surprisingly swift conclusion on Article 24...
My review of Kokott AG’s Opinion C-25/18 Brian Andrew Kerr v Pavlo Postnov and Natalia Postnova (Kerr v Postnov(a)) discussed, as did the AG, the application of Brussels I Recast’s Articles 24(1) and...
View ArticleSaugmandsgaard ØE on Rome I’s lex societatis exception applied to trusts...
Advocate General Saugmandsgaard ØE in C-272/18 Verein für Konsumenteninformation v TVP Treuhand opined early September (I have been busy) that the Rome Convention’s and Rome I’s lex societatis...
View ArticleSánchez-Bordona AG in ZK v BMA on applicable law for the Peeters Gatzen...
Sánchez-Bordona AG opined at the end of October on the law applicable to the Peeters /Gatzen suit (of Nk v BNP Paribas fame) in Case C‑498/20 ZK, in his capacity of successor to JM, insolvency...
View ArticleThe CJEU confirms a corporation’s general duty of care is not caught by the...
The CJEU a little while back held in C‑498/20 ZK v BMA on the applicable law for the Dutch ‘Peeters Gatzen’ suit, for which I reviewed the AG Opinion here. The suit is a tortious suit brought by a...
View ArticleRome I’s corporate carve-out and agency /principal relations in Canara Bank v...
Canara Bank v MCS International [2022] EWHC 2012 (Comm) is interesting with respect to Cooper J’s discussion of privity of choice of court and law, and the corporate carve-out of retained (post Brexit)...
View ArticleBanca Intesa v Venezia: An excellent illustration of the relevance of...
Banca Intesa Sanpaolo SPA & Anor v Comune Di Venezia [2022] EWHC 2586 (Comm) is an excellent illustration of the relevance of characterisation and of the international harmonisation of same. It...
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