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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

  • Cherney v Deripaska

  • State of Brunei Darussalam v HRH Prince Jefri Bolkiah (landmark decisions in Cayman and Jersey)

  • Kuwait Airways v Iraq Airways

  • Re HIH Casualty & General Insurance Ltd

  • Silver Point Finance LLC v Danielle & C Officine Meccaniche Spa

Barristers specialising in this area: