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Chambers UK 2006

Jurisdiction/Conflicts of Laws

Most of the work handled at 7KBW has an international character, and as a result 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 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 recent litigation relating to Council Regulation (EC) No 44/2001, including Allianz srl v. West Tankers Inc (The Front Comor), in which the scope of the Article 1(2)(d) exclusion of arbitration was considered by Colman J, the House of Lords and finally the ECJ.

Members deal equally frequently with choice-of-law questions, including those demanding the application of the new Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) and the new 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. 7KBW has again been involved in some of the most important recent litigation, such as Deutsche Bank AG v Highland Crusader Offshore Partners LP, in which Burton J and the Court of Appeal considered the grant of anti-suit injunctions in favour of parties benefiting from non-exclusive jurisdiction agreements. Please see the ‘Injunctions and Arrests’ section of this site for further details of this area of practice.

 

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