All posts with the tag: Jurisdiction

In Dell Emerging Markets (EMEA) Ltd and another v IB Maroc.com SA [2017] EWHC 2397 (Comm), the High Court granted an anti-suit injunction preventing the defendant from pursuing foreign proceedings against an affiliated company of the first claimant. Facts The first claimant, Dell UK, entered into an international distribution agreement (“IDA”) with the defendant, IB … Continue reading COURT GRANTS ANTI-SUIT INJUCTION RESTRAINING FOREIGN PROCEEDINGS AGAINST AN AFFILIATED COMPANY

In Aline Tramp SA v Jordan International Insurance Company (CL-2016-000263) and The London Steam-Ship Owners’ Mutual Insurance Association Limited v Jordan International Insurance Company (CL-2016-000264), a Claimant vessel owner and insurer sought anti-suit injunctions, on the basis of an arbitration clause and a purported exclusive jurisdiction clause respectively, where proceedings relating to damaged cargo had … Continue reading Hamburg Rules on jurisdiction not a block to an anti-suit injunction

In Ramilos Trading Limited v Valentin Mikhaylovich Buyanovsky, the High Court rejected the applicant’s request for a Norwich Pharmacal Order (“NPO”).  In rejecting the application, Mr Justice Flaux analysed a number of independent elements that must be present in order to grant an NPO, culminating in a significant judgment which both clarifies existing ambiguities while … Continue reading Role of Norwich Pharmacal relief in foreign proceedings and new threshold test for determining if “wrongdoing” has occurred

In AB Bank Ltd v Abu Dhabi Commercial Bank PJSC, the Commercial Court set aside a Norwich Pharmacal Order (“NPO”) made against a bank in the UAE on the basis that the court had no jurisdiction to serve the order on the bank out of the jurisdiction because none of the permitted jurisdictional gateways under … Continue reading Commercial Court refuses to permit service of Norwich Pharmacal Order out of the jurisdiction

In Cyprus Popular Bank Public Co Ltd v Vgenopoulos and others, the High Court held that a claimant who had obtained an order for the registration of a foreign judgment had no absolute entitlement to protective measures (in the form of a domestic freezing order) under Article 47 of the 2001 Brussels Regulation.  The High … Continue reading No absolute entitlement to domestic freezing order as protective measure when appeal pending against registration of foreign judgment

In Cyprus Popular Bank Public Co Ltd v Vgenopoulos and others, the High Court held that a freezing order granted by another EU Member State does not become immediately fully effective and enforceable once a registration order is made by the English court.  It becomes enforceable only if no appeal is brought in respect of … Continue reading Foreign freezing order cannot be enforced within the jurisdiction until any appeal against registration of the order is determined

In Asia-Pacific Trading Pte Ltd (formerly known as Toepfer International Asia Pte Ltd) v PT Budi Semesta Satria, the High Court held that delay on the part of the applicant could be adequate cause for refusing an anti-suit injunction, even where the respondent acknowledged there was an arguable case that it had breached an arbitration … Continue reading High Court refuses anti-suit injunction based on arbitration clause due to delay

The Court of Appeal has today handed down its judgment in Cartier International AG and others v British Sky Broadcasting Limited and others, refusing an appeal against an order requiring internet service providers (“ISPs”) to block websites offering counterfeit goods. Cartier and the other Claimants sought an injunction against the five main ISPs in the … Continue reading Cartier and others v BSkyB and others: Court of Appeal upholds website blocking injunction against internet service providers

In Shipowners Mutual Protection And Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret A.S., the Court of Appeal dismissed an appeal by Containerships (the “Charterers”) against an anti-suit injunction restraining proceedings in Turkey against the claimant P&I Club.  The court confirmed that in circumstances where a third party seeks to enforce rights granted under … Continue reading Court of Appeal upholds anti-suit injunction granted against “victim” attempting to take advantage of foreign direct action laws

The High Court has granted injunctions to US claimants in relation to two closely related applications. The case (Power Places Tours Inc and others v Free Spirit and another) is unusual as one of the injunctions granted was to protect US residents from being harassed online by an individual, notwithstanding that they did not appear … Continue reading English High Court grants US residents injunction to prevent online harassment