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Jurisdiction / conflicts of law


7KBW’s members “are nothing if not versatile” (Chambers UK 2020), enjoying “a first-class reputation” (Legal 500 UK 2020). Much of the work handled at 7KBW has an international character, involving questions about which law(s) should apply, which court or tribunal has jurisdiction to hear the dispute, and how judgments and awards should be enforced – or not. Complex issues of civil procedure can also arise, for example in relation to service and evidence.

We have litigated cases from the High Court up to the UK Supreme Court, as well as in the European Court of Justice, and internationally.

We are also familiar with the various forms of interim relief that play a key role in international commercial litigation, including anti-suit injunctions and freezing orders.

Members deal on a day-to-day basis with questions of jurisdiction, applicable law and the recognition and enforcement of judgments/awards. We can assist with matters concerning:

  • The Brussels Regulation (and predecessor regulations)
  • The Lugano Convention
  • The Rome I and Rome II Regulations
  • The New York Convention
  • Brexit
  • All aspects of private international law

7KBW has been involved in ground-breaking litigation in this area, including the long-running dispute in The “Front Comor”, which ultimately led to reform of the arbitration exception in the recast Brussels Regulation. Members also acted in the recent Supreme Court litigation in Enka v Chubb, which is set to become the leading case on the governing law of arbitration agreements.

Examples of other recent cases in which members of 7KBW have appeared include:

  • Starlight Shipping v Allianz (The Alexandros T)
  • Golden Ocean v Salgaocar
  • Alfred Schefenacker v Darko Horvat
  • Lakatamia Shipping Co Ltd v Morimoto
  • The Atlantik Confidence
  • Turner v Norton
  • Impala Warehousing v Wanxiang Resources
  • British American Tobacco v Exel and others
  • BAT Industries Plc v Windward Prospects
  • Arbuthnot Latham & Co Limited v M3 Marine Limited
  • Masri v Consolidated Contractors

 

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