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Jurisdiction / conflict of laws

Since most of the work handled at 7KBW has an international character, members have extensive experience of private international law.

Members deal on a day-to-day basis with questions of jurisdiction and the recognition of foreign judgments, including the application of Regulation (EU) 1215/2012 and its predecessor Council Regulation (EC) No 44/2001, the application of the Brussels and Lugano Conventions, and the application of domestic legislation and common law rules.  7KBW has been involved in some of the most important litigation in this area, including the long-running dispute in Allianz srl v. West Tankers Inc (The Front Comor), which ultimately led to reform of the arbitration exception in Article 1(2)(d) in the recast Brussels Regulation.

Members deal equally frequently with choice-of-law questions, including those demanding the application of Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) and Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II).

Members also have extensive experience of the various forms of interim relief, such as freezing orders and anti-suit injunctions, that play a vital role in international commercial litigation.  For further details, please see the ‘Injunctions and Arrests’ section of this site, which can be found here.

Recent cases

Members of 7KBW are frequently instructed in cases in this area, sometimes on opposite sides of the same dispute.  Some recent examples are the following:

•    Starlight Shipping v Allianz (The Alexandros T) [2013] UKSC 70 (Supreme Court decision concerning the Brussels Regulation and joinder of non-parties) (David Bailey QC and Jocelin Gale)

•    Impala Warehousing v Wanxiang Resources [2015] EWHC 811 (Comm) (Jawdat Khurshid).

•    Blue Holdings v United States of America [2014] EWCA Civ 1291 (Christopher Butcher QC)

•    British American Tobacco v Exel and others [2014] 1 WLR 4526 (Charles Priday)

•    Mar-Train Heavy Haulage Ltd v Shipping.DK Chartering A/S [2014] EWHC 355 (Comm) (jurisdiction challenge) (Tim Jenns)

•    ICSOP v Equitas [2013] EWHC 3713 (Comm) (Alistair Schaff QC)

•    BAT Industries Plc v Windward Prospects Ltd [2013] EWHC 4087 (Comm) (jurisdiction challenge) (Gavin Kealey QC and Tim Jenns)

•    Arbuthnot Latham & Co Limited v M3 Marine Limited [2013] EWHC 1019 (Comm) (Jurisdiction challenge concerning Article 30(2) of the Brussels Regulation (Sandra Healy)

•    Golden Ocean v Salgaocar [2012] EWCA Civ 265 [2012] 1 Lloyd’s Rep. 542 [2012] WLR (D) 70 (forum conveniens) (Dominic Kendrick QC and Peter Macdonald Eggers QC)

•    Citigroup Global Markets Limited v Amatra Leveraged Feeder Holdings Ltd [2012] EWHC 1331 (Comm) (jurisdiction challenge) (Simon Picken QC and Sushma Ananda)

•    Masri v Consolidated Contractors International Company SAL (2011] EWHC 1780 (jurisdiction, stay, Articles 27 and 28 Council Regulation (EC) 44/2011 (Gavin Kealey QC; Alistair Schaff QC)

•    Highland Crusader Offshore Partners v Deutsche Bank AG [2009] EWCA Civ 725 (Timothy Saloman QC)