Remove companies international-institute-for-conflict-prevention-resolution-inc
article thumbnail

No role for anti-suit injunctions under the TTPA to enforce exclusive jurisdiction agreements

Conflict of Laws

Australian and New Zealand courts have developed a practice of managing trans-Tasman proceedings in a way that recognises the close relationship between the countries, and that aids in the effective and efficient resolution of cross-border disputes.

Statute 73
article thumbnail

Return of the anti-suit injunction: parallel European proceedings and English forum selection clauses

Conflict of Laws

An anti-suit injunction operates to prevent the court of another Contracting State from exercising the jurisdiction conferred on it by the Brussels I Regulation, including its exclusive jurisdiction to determine the very applicability of that regime to the dispute. At common law, a more flexible approach to parallel proceedings is taken.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Financial Crimes and Commercial Arbitration: What Should Arbitrators Do?

Fordham Law News

The ever-increasing volume of transnational commercial activity has generated the demand for a system of dispute resolution capable of rendering enforceable judgments, which is also certain, cost-effective, fast, and unbiased. [1] As a method of civil dispute resolution, arbitration may seem worlds apart from the sphere of criminal law.

article thumbnail

Second Issue of the Journal of Private International Law for 2023

Conflict of Laws

The second issue of the Journal of Private International Law for 2023 has just been published. As a result, these conflicts are now more contentious than ever before. The first is a set of soft law principles in the form of a resolution adopted by the Institut de Droit International in 2019.

Laws 57
article thumbnail

November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

She said the court “can and should issue a declaration that the state has an affirmative fiduciary duty to act reasonably to prevent substantial impairment of public trust resources.” Portland, Oregon. Source: Gary Halvorson, Oregon State Archives. By Margaret Barry and Korey Silverman-Roati. and non-U.S. climate litigation charts.

article thumbnail

October 2019 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. On the same day, the companies filed an application for a stay in the U.S. On September 13, the companies filed an expedited motion for stay pending appeal in the First Circuit.

Court 40
article thumbnail

November 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. The plaintiffs alleged that Peabody (and a number of other fossil fuel companies) caused greenhouse gas emissions that resulted in sea level rise and damage to their property. and non-U.S. climate litigation charts.

Court 40