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.
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)  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  EWHC 811 (Comm) (Jawdat Khurshid).
• Blue Holdings v United States of America  EWCA Civ 1291 (Christopher Butcher QC)
• British American Tobacco v Exel and others  1 WLR 4526 (Charles Priday)
• Mar-Train Heavy Haulage Ltd v Shipping.DK Chartering A/S  EWHC 355 (Comm) (jurisdiction challenge) (Tim Jenns)
• ICSOP v Equitas  EWHC 3713 (Comm) (Alistair Schaff QC)
• BAT Industries Plc v Windward Prospects Ltd  EWHC 4087 (Comm) (jurisdiction challenge) (Gavin Kealey QC and Tim Jenns)
• Arbuthnot Latham & Co Limited v M3 Marine Limited  EWHC 1019 (Comm) (Jurisdiction challenge concerning Article 30(2) of the Brussels Regulation (Sandra Healy)
• Golden Ocean v Salgaocar  EWCA Civ 265  1 Lloyd’s Rep. 542  WLR (D) 70 (forum conveniens) (Dominic Kendrick QC and Peter Macdonald Eggers QC)
• Citigroup Global Markets Limited v Amatra Leveraged Feeder Holdings Ltd  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  EWCA Civ 725 (Timothy Saloman QC)
Gavin Kealey QC
Timothy Saloman QC
Jonathan Gaisman QC
Dominic Kendrick QC
Alistair Schaff QC
Stephen Hofmeyr QC
Adam Fenton QC
Stephen Kenny QC
Richard Southern QC
Robert Bright QC
David Bailey QC
David Edwards QC
Julia Dias QC
David Allen QC
S J Phillips QC
Siobán Healy QC
James Drake QC
Peter MacDonald Eggers QC
Andrew Wales QC
Rebecca Sabben-Clare QC
Richard Waller QC
Jawdat Khurshid QC
James Brocklebank QC
N G Casey
Generali Italia S.p.A v Pelagic Fisheries Corp.  EWHC 1228 (Comm) Peter MacDonald Eggers Q.C. and Marcus Mander acted for 23 insurers under hull and machinery and increased value policies in successfully resisting challenges to the English court’s jurisdiction under Article 29(1) of Brussels I Recast. The hearing was conducted remotely using Skype for Business. […]
The Insolvency and Companies Court has today handed down judgment in the case of Alfred Schefenacker -v- Darko Horvat  EWHC 506 (Ch). Jason Robinson represented the successful Respondent and was instructed by Mishcon de Reya LLP. The application was to set aside a Part 71 Order made by Insolvency and Companies Court Judge Barber, […]
Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors  EWHC 3568 (Comm) David Bailey QC, Marcus Mander and Clara Benn have successfully defended members of the Chubb Group in an expedited trial of a claim for injunctive and declaratory relief brought by Enka, a Turkish engineering company involved in the construction […]
Lakatamia Shipping Co Ltd v Morimoto  EWCA Civ 2203 The Court of Appeal has unanimously allowed an appeal by Lakatamia Shipping Co Ltd for which SJ Phillips QC, NG Casey and James Goudkamp appeared. Following a trial in the Commercial Court in 2014, Lakatamia had judgment entered in its favour against Mr Nobu Su, […]
The Atlantik Confidence  EWCA 2590 Civ This is the latest in a series of events since Mr Justice Teare ruled, in October 2016, in proceedings between the owner of the Atlantik Confidence and cargo interests, that the owner and Mr Agaoglu (the beneficial owner of the vessel) had wilfully cast away the vessel. Since […]
National Bank of Kazakhstan and the Republic of Kazakhstan (Claimants) v the Bank Of New York Mellon SA/NV, London Branch (Defendant)  EWHC 3512 (Comm) Christopher Butcher QC appeared on behalf of the Defendant in these Part 8 proceedings. This is the latest development in England of a dispute spanning several jurisdictions and which has […]
Turner v Norton (Ch D) Tim Jenns acted for the successful Defendant, a British Citizen resident in Barbados. The Claimant, also a British Citizen resident in Barbados, sued the Defendant seeking to recover sums allegedly due under a loan agreement made between the parties. The loan was advanced in Barbados and denominated in Barbadian dollars […]
On Thursday 26 March 2015, the Honourable Mr Justice Blair handed down judgment in a dispute arising out of the major fraud that appears to have occurred in connection with a vast quantity of metal held in a bonded warehouse at the port of Qingdao in China. Wanxiang, as the endorsee of two Warehouse Certificates […]
Jurisdiction challenge raising questions of agency under freight forwarding contract and the application of Article 23 of the EC Judgments Regulation. To view the judgment please click here.
CLIVE FREEDMAN QC AND DAVID LASCELLES SUCCEED IN €50MILLION JOINT VENTURE DISPUTE Clive Freedman QC and David Lascelles appeared for the successful Defendant in Sax v Tchernoy  EWHC 795 (Comm), instructed by Mischon de Reya. Judgment was handed down by the Commercial Court (Mr Justice Hamblen) on 26 March 2014. The €50million claims were […]
Alistair Schaff QC successfully appeared for a financial services firm and its insurers in this very important decision. The case concerned the FOS (Financial Ombudsman Service) jurisdiction and the effect of complainants who accepted a FOS determination in their favour up to the maximum enforceable limit awardable by FOS ( then £100,000; now £150,000) and […]
 EWHC 4071 (Comm) Jurisdiction challenge to arbitration award, applicable law, sale of goods (steel)
Charles Priday acted for the successful appellants in this important decision on CMR jurisdiction in cases involving successive carriers.
The Commercial Court dismissed an application by PhoenixTide to stay or dismiss proceedings brought by Tidewater in London and served on PhoenixTide in Nigeria on the grounds that the proceedings disclosed no reasonable cause of action, did not arise out of agreements containing exclusive jurisdiction clauses and on the grounds of forum conveniens. Burton J […]
Tim Jenns acted for the Claimant in its successful defence of a challenge to the jurisdiction of the DIFC Court in Dubai, in the first reinsurance case to be heard before the DIFC Court. Rival claims had been filed by the parties in the DIFC Court and the Abu Dhabi Court. The jurisdiction hearing raised […]
Acted for the Defendants in a successful jurisdiction challenge application. The application raised a novel issue regarding Article 30(2) of the Judgments Regulation and the means of receipt of documents available for transmission of documents to the Foreign Process Section of the Royal Courts of Justice. To view the judgment please click here.
Swallowfalls Ltd v Monaco Yachting & Technologies and another References:  EWHC 2057 (Comm),  EWHC 3616 (Comm) and  EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]
Sandra appeared for non cause of action corporate defendants in an application to discharge a freezing order. The application raised issues regarding the Court’s Chabra jurisdiction and material non-disclosure. To view the judgment please click here.
Acted for a bunker supplier in a successful application to discharge an anti-suit injunction. The application raised issues about the construction and effect of a non-exclusive jurisdiction clause, the duty of full and frank disclosure and notification of applications. To view the judgment click here.
£100 million Product Liability Claim dismissed – Kingspan v Borealis
Simon Picken QC and Sushma Ananda acted for the Defendants in their successful challenge to the jurisdiction in the face of a claim by Citigroup Global Markets Ltd (“CGML”) for negative declaratory relief arising out of two options transactions, evidenced by confirmations incorporating the form of the 2002 ISDA Master Agreement. In particular, the Defendants […]
David Allen QC, James Brocklebank, Sushma Ananda, and Elizabeth Lindesay acted for the Defendants, Borealis A/S and Borealis UK Limited in a product liability and misrepresentation claim brought by various companies in the Kingspan Group. The claim, said by the Claimants at the start of the trial to be worth in excess of £100 million, […]
Appeared in the Commercial Court with Charles Debattista in a jurisdiction challenge application concerning the effect of jurisdiction clauses in a stand-by letter of credit and in other banking contracts. To view the judgment click here.
Arbitration — Enforcement of English award — Whether declaration is a means of enforcement — Effect of declaration on later EU judgment — Arbitration Act 1996, section 66 — Council Regulation (EC) No 44/2001, articles 33 and 34. David Bailey QC and Marcus Mander successfully acted for the Claimant on an application by the Defendants […]
James Drake QC and Emma Hilliard appeared for the Claimants; David Bailey QC and Jocelin Gale appeared for the Intended Defendant. Practice – Compromise – Shipowner bringing proceedings against insurers for indemnity under marine insurance policy – Action settled on terms set out in Tomlin Order – Shipowner subsequently bringing claims against insurers in Greece […]
Appeared in the Commercial Court with Vasanti Selvaratnam QC in proceedings concerning a claim to enforce charterparty guarantees worth over US$40million. To see the judgment click here.
Jonathan Gaisman QC and Charles Holroyd recently acted in the case of Luxe v Midland, a case which concerned a disappointed buyer’s right to seek proprietary remedies in an international context against the proceeds of sale of a Ukrainian steel group (Zaporizhstal), where it alleged that the seller (Midland) had wrongfully sold to a subsequent […]
Appeared with Vasanti Selvaratnam QC before the Commercial Court in a case concerning linked jurisdiction and anti-suit injunction applications. The application raised issues about the law governing ostensible authority and about the separability of jurisdiction clauses. To view the judgment click here.
Judgment in the above case was handed down today. The case concerned a challenge to the jurisdiction of the English court by PZL, a Polish aircraft equipment manufacturing company, in relation to a claim on a FX structured product brought by the French bank, Calyon. Calyon claimed that the agreement between the parties was governed […]
 1 Lloyd’s Rep. Plus 1 Simon Picken Q.C. led Josephine Higgs in a claim for declaratory relief as to the parties’ rights in an oil field in Brunei. The case also raised jurisdictional issues and an application for a stay under section 9 of the Arbitration Action 1996. Led by Simon Picken QC.
 1 Lloyds Rep IR 786;  2 Lloyd’s Rep. 475;  Lloyd’s Rep IR 127;  2 All ER (Comm) 385 Gavin Kealey Q.C. leading David Bailey – Reinsurance – banker’s blanket policy – jurisdiction Reinsurance – Conflict of laws – Direct bankers’ blanket policy governed by law of Mauritius – Reinsurance governed by […]
 Lloyd’s Rep. IR 552 Sioban Healy acted for Respondent reinsurer applying to stay proceedings for negative declaratory relief on grounds of forum non conveniens. Reinsurance – Conflict of laws – Direct risk and reinsurance written in Venezuela and retroceded into London – Application by retrocessionaires for declaration of non-liability – Retrocession containing disputes clause […]
 2 Lloyd’s Rep. 553 Sioban Healy acted in this Conflict of laws in relation to insurance policies, jurisdiction, Brussels-Lugano Convention Articles 8, 12a, 17, 22. Insurance (Marine) – Jurisdiction – Stay of proceedings – Dispute under sales contract – 22nd defendant domiciled in England – Claimant brought proceedings in England – Defendants alleged policy […]
 Lloyd’s Rep IR 480 Dominic Kendrick QC and Peter MacDonald Eggers acted in this reinsurance; bankers blanket bond insurance; jurisdiction and forum convenients. Reinsurance – Conflict of laws – Jurisdiction Clause – Whether reinsurance incorporated jurisdiction Clause contained in direct policy – Effect of policy wording at variation with slip – Test for incorporation […]
 2 Lloyd’s Rep. 418 Sioban Healy acted in this Jurisdiction/forum conveniens where underwriters have registered to do business overseas. Practice – Jurisdiction – Application to set aside – Forum non conveniens – Application for negative declaratory relief – Proceedings commenced in Canada – Whether Canada more appropriate forum – Whether English action should be […]
 1 Lloyd’s Rep. 273 Sioban Healy acted. Shipping; conflict of laws: relevance of foreign decisions on interpretation of a foreign statutory version of Hague Rules incorporated into an English law contract. Charter-party (Voyage) – Limitation of time – Hague Rules – Construction – Charter incorporated U.S.A. clause paramount – Vessel delayed by engine problems […]