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International standards, Codex and a new SPS dispute in the making: EU US...
Alberto Alemanno reports on some crucial developments in the development of international SPS standards. Prof Alemanno links to recent EU Agriculture Council conclusions which are a treasure trove of...
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Lessons learned from ACTA – European Commission transparency on TTIP
The European Commission (EC) has just published its position papers on a number of key aspects of the TTIP negotiations (the Transatlantic Trade and Investment Partnership with the United States). The...
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The TTIP and the EU’s regulatory standards: Do BITs require an environmental...
Consultancy Ecologic have released a report which they have prepared for the European Parliament. It reviews the impact which the Transatlantic Trade and Investment Partnership (TTIP) might have on the...
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RERA: a weee chance of US Basel ratification?
Many thanks to Gideon Kracov for pointing this out to me: the proposed Responsible Electronics Recycling Act (a private member’s Bill) would install an EU-type regime on the export of electric and...
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Digital import suffices for jurisdiction of the US International Trade...
The US International Trade Commission has held (in re Align Technology Inc, 337-TA-833) that electronic /digital import of plans and manuals with a view to producing moulds for dental aligners (braces)...
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The Pfizer /Allergan collapse: An end to Celtic Cash and a source of...
I shall keep this post short for otherwise it risks developing into a book. In a week which also saw the Panama papers blow a hole in the use of tax havens for individuals, the collapse of the Pfizer...
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Rincon. Overriding mandatory law or ‘lois de police’ in California.
Rincon ((2017) 8 Cal. App 5th 1) is another case suited to comparative conflicts classes. It applies California’s restrictive regime on waiver of jury trial to a contract governed by New York law and...
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Spizz v Goldfarb. Applying the US presumption against extraterritoriality in...
Charles Oellermann has excellent analysis of Spizz v. Goldfarb Seligman & Co. (In re Ampal-Am. Israel Corp. 562 B.R. 601 (Bankr. S.D.N.Y. 2017). The U.S. Bankruptcy Court for the Southern District...
View ArticleOCEAN Rig: COMI shopping cautiously welcomed by US Bankruptcy Court.
I have often argued that the European Commission and by extension the EU’s Insolvency Regulation is wrong in taking as a starting point that forum shopping in insolvency matters as a rule needs to be...
View ArticleUS Iran sanctions renew the spotlight on the EU’s blocking regulation: A rare...
Ross Denton at Baker & McKenzie has a gem of a briefing on the EU’s ‘blocking Regulation’ and what it would mean in light of the US’ mooted sanctions on Iran. Steptoe had earlier also pondered the...
View ArticleLooking over the fence in re B.C.I Fins. Pty Ltd. (In Liquidation). The...
In re B.C.I Fins. Pty Ltd. (In Liquidation) (thank you Daniel Lowenthal for flagging) illustrates to and fro exercise, hopping between laws, and the use of choice of law rules to establish (or not)...
View ArticleCuzco v Tera (Chapter 11). Respect for Korean exclusive jurisdictional rule...
Thank you Dechert for flagging Case No. 16-00636 Cuzco v Tera (Chapter 11), in which Faris J with great clarity wades in on a motion to dismiss US Chapter 11 jurisdiction in favour of exclusive...
View ArticleGlaxo v Sandoz. Collateral use of evidence. Discovery (‘disclosure’) shopping...
Update 22 March 2019 for a similar application in the US, see Postalis, No. 18-mc-497 (JGK), analysed by Laura Kelly. Glaxo Welcome v Sandoz et al [2018] EWHC 3229 (Ch), puts the spotlight on an...
View ArticleRequest for consultations under the Trade and Sustainable Devlopment chapter...
Update 19 March 2019 see Quentin Decleve here for the US following suit, related to rule of law /due process/ hearing rights issues before the Korean competition authority. Update 16 January 2019 the...
View ArticleSnöfrost AB v. Håkansson. Applying forum non conveniens in the US.
Many thanks to Donna Williams for reporting and commenting on 1:18-cv-10798 Snöfrost AB v. Håkansson in the District Court of Massachusetts. Not all my blog posts relate to maverick cases, especially...
View ArticleComparative US /EU jurisdiction material: Mitchell v. DePuy Orthopaedics...
Thank you Stephen McConnell for flagging Mitchell v. DePuy Orthopaedics, Inc., 2019 U.S. Dist. (Missouri) and Alani Golanski for doing the same for KGS v Facebook at the Alabama Supreme Court, Both...
View ArticleNestle & Cargill v John Doe at the US Supreme Court. A further restriction of...
Update 8 September 2021 note the French Supreme Court’s less restrictive approach to ‘aiding and abetting’ in the (criminal law) judgment re Lafarge yesterday. It held complicity in a crimes against...
View ArticleSuez Water NY v Dupont, Chemours: PFAS /PFOAs forever chemicals jurisdiction,...
I tweeted on the case at the time I think and now bumped into it as per ‘too many open browser windows -syndrom’ ;-): Liman J’s January’s judgment in Suez Water New York v Dupont, Chemours et al serves...
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