Conflict of laws
Members of Chambers, in all practice areas and whether acting in England, the Caribbean or the United States, regularly advise and appear in multi-jurisdictional disputes and accordingly deal with conflicts/private international law issues as a matter of course.
Issues which fall for consideration under the ‘conflicts’ umbrella include:
- Governing law of agreements and documents;
- Jurisdiction disputes and clauses;
- Asset tracing and recovery;
- Recognition and enforcement of judgments;
- Arbitration clauses and their scope and effect;
- Arbitration in the context of cross-border fraud;
- International trusts and estates;
- Cross-border insolvency;
- EU domiciled parties;
- Anti-suit injunctions; and
- State immunity.
Examples of cases include:
- Government of Islamic Republic of Iran v Barakat Galleries
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Cherney v Deripaska
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State of Brunei Darussalam v HRH Prince Jefri Bolkiah (landmark decisions in Cayman and Jersey)
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Kuwait Airways v Iraq Airways
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Re HIH Casualty & General Insurance Ltd
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Silver Point Finance LLC v Danielle & C Officine Meccaniche Spa
Barristers specialising in this area:
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December 2009David Lord QC, Andrew Twigger and Luke Harris consider the recent decision of the House of Lords in Stone & Rolls Ltd v Moore Stephens [2009] UKHL 39, the implications of that and other cases for the attribution of an individual's knowledge to a company, and the enforceability of gratuitous promises in the context of the bailment of human sperm.
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Re Servoz-Gavin, Deceased[2010] 1 All ER 410
Michael Wilson and Partners Limited v Nicholls and Ors[2009] NSWSC 1377
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08 October 2009
21 May 2009
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