Podcast
Questions and Answers
Which jurisdictions are considered TPF-friendly?
Which jurisdictions are considered TPF-friendly?
TPF is unlawful in China, Ireland, and Nigeria.
TPF is unlawful in China, Ireland, and Nigeria.
True
What are the reforms in Hong Kong and Singapore related to?
What are the reforms in Hong Kong and Singapore related to?
International arbitration cases
The Irish Supreme Court declared maintenance and champerty to be _____ in Ireland.
The Irish Supreme Court declared maintenance and champerty to be _____ in Ireland.
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Which regulation replaced the old Brussels I Regulation?
Which regulation replaced the old Brussels I Regulation?
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What is one of the main changes in the Recast Regulation?
What is one of the main changes in the Recast Regulation?
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The rules for Member State Courts dealing with jurisdiction were updated for cases commenced on or after _____ .
The rules for Member State Courts dealing with jurisdiction were updated for cases commenced on or after _____ .
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Match the jurisdictions with their TPF status:
Match the jurisdictions with their TPF status:
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What determines the jurisdiction of courts concerning parties not domiciled in a Contracting State?
What determines the jurisdiction of courts concerning parties not domiciled in a Contracting State?
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The courts of a Contracting State have jurisdiction over disputes involving trustees, settlers, or beneficiaries regardless of their domicile.
The courts of a Contracting State have jurisdiction over disputes involving trustees, settlers, or beneficiaries regardless of their domicile.
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What is the significance of Article 25 regarding asymmetric choice of court agreements?
What is the significance of Article 25 regarding asymmetric choice of court agreements?
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The Hague Convention on choice of court agreements came into force in ______.
The Hague Convention on choice of court agreements came into force in ______.
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Which countries have signed but not yet ratified the Hague Convention?
Which countries have signed but not yet ratified the Hague Convention?
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Match the following terms to their definitions:
Match the following terms to their definitions:
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The UK is bound by the Brussels 2012 Regulation.
The UK is bound by the Brussels 2012 Regulation.
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In matters of employment contracts, an agreement conferring jurisdiction is valid if entered into after the _______ has arisen.
In matters of employment contracts, an agreement conferring jurisdiction is valid if entered into after the _______ has arisen.
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What does article 1(2) of the Hague Convention state regarding a case being international?
What does article 1(2) of the Hague Convention state regarding a case being international?
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A choice of court agreement designating a court in a non-contracting state always confers an international element to the case.
A choice of court agreement designating a court in a non-contracting state always confers an international element to the case.
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What does a case need to be considered international according to article 1(3) of the Hague Convention?
What does a case need to be considered international according to article 1(3) of the Hague Convention?
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The agreement that gives one party greater rights in jurisdiction is known as an ________ choice of court agreement.
The agreement that gives one party greater rights in jurisdiction is known as an ________ choice of court agreement.
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According to the Jenard Report, what constitutes an international element?
According to the Jenard Report, what constitutes an international element?
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The Brussels and the Hague conventions are completely compatible with each other without any conflicts.
The Brussels and the Hague conventions are completely compatible with each other without any conflicts.
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What is the primary function of the rules in article 26 of the Hague Convention?
What is the primary function of the rules in article 26 of the Hague Convention?
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What is the primary objective of the 'first-come, first-served' rule in the European Union?
What is the primary objective of the 'first-come, first-served' rule in the European Union?
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The lis alibi pendens rule guarantees that the best court will always hear the case.
The lis alibi pendens rule guarantees that the best court will always hear the case.
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What are the two traditional remedies used in common law to address parallel proceedings?
What are the two traditional remedies used in common law to address parallel proceedings?
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The principle of ________ priority gives precedence to the court first seised in cases of jurisdictional conflict.
The principle of ________ priority gives precedence to the court first seised in cases of jurisdictional conflict.
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Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
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What is a significant drawback of the lis pendens rule?
What is a significant drawback of the lis pendens rule?
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The provisions in Section 9 apply only when the parties are domiciled in the EU.
The provisions in Section 9 apply only when the parties are domiciled in the EU.
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Which two regulations are mentioned in relation to the doctrine of lis pendens?
Which two regulations are mentioned in relation to the doctrine of lis pendens?
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Under which conditions does the lis pendens rule apply according to the Brussels and Lugano regulations?
Under which conditions does the lis pendens rule apply according to the Brussels and Lugano regulations?
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In Gubisch v. Palumbo, both the German and Italian actions involved attempting to validate the contract between the parties.
In Gubisch v. Palumbo, both the German and Italian actions involved attempting to validate the contract between the parties.
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What is the primary objective of actions deemed related according to Article 30(1)?
What is the primary objective of actions deemed related according to Article 30(1)?
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The _____ must be regarded as the same if the actions could give rise to irreconcilable judgments.
The _____ must be regarded as the same if the actions could give rise to irreconcilable judgments.
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What is required for the courts of a Member State to recognize a judgment regarding a contract if a rescission has already been decided?
What is required for the courts of a Member State to recognize a judgment regarding a contract if a rescission has already been decided?
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Article 30(1) mandates that the second seised court must always grant a stay in proceedings.
Article 30(1) mandates that the second seised court must always grant a stay in proceedings.
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Actions are deemed to be related where they are _____ connected.
Actions are deemed to be related where they are _____ connected.
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What rule was established by the CJEU in relation to courts regarded as seised?
What rule was established by the CJEU in relation to courts regarded as seised?
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Forum non conveniens allows a court to transfer a case to a more appropriate venue.
Forum non conveniens allows a court to transfer a case to a more appropriate venue.
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What was the primary concern with the rule established by the CJEU regarding seised courts?
What was the primary concern with the rule established by the CJEU regarding seised courts?
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The doctrine of _______________ allows courts to determine that another legal venue is more appropriate for a case.
The doctrine of _______________ allows courts to determine that another legal venue is more appropriate for a case.
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Match the legal terms with their descriptions:
Match the legal terms with their descriptions:
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What issue was identified with English and German courts regarding seised cases?
What issue was identified with English and German courts regarding seised cases?
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Owusu v Jackson involved a claimant who was injured during a vacation in Jamaica.
Owusu v Jackson involved a claimant who was injured during a vacation in Jamaica.
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What must a court do upon request from another court that is seized of the same dispute?
What must a court do upon request from another court that is seized of the same dispute?
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Study Notes
International Litigation
- International litigation involves cross-border disputes
- Parties should develop checklists for international elements
- Plaintiffs checklist minimum threshold:
- Nature of dispute, forum, choice of law, enforcement clause
- Possible venues for litigation/arbitration
- Location of documents and witnesses
- Timing considerations for enforcement date
- Speed of docket (domestic and foreign)
- Asset location
- Judgements enforceability
- Defendants checklist:
- Applicable forum, choice of law, enforcement clause in documents.
- Multiple venues
- Damage exposure (initial venue)
- Document/witness location
- Interpreter needs
- Communication with witnesses
- Favorable parameters in foreign venues
- Forum non conveniens (jurisdictional rule of reason), antisuit injunctions, cost factors
- Cross-border disputes include substantive and procedural aspects of transnational and international dispute resolution
- Methods include: international commercial arbitration; ADR (Alternative Dispute Resolution) including negotiation and mediation
Third Party Funding
- Litigation finance (third-party funding) is an investment in a lawsuit by a third-party without interest in the case
- Investors receive a contingent share of proceeds from a settlement or judgment
- Third-party funders include banks, hedge funds, insurance companies
- Funders look for strong cases, conduct thorough analysis
- Litigation funding is used for tort claims, injury claims, and complex corporate disputes
Jurisdiction
- EU law and Brussel I Recast Regulation (Regulation No 1215/2012) updates rules
- Member State courts rules deal with jurisdiction allocation and reciprocal enforcement of judgments
- Rules updated for cases commenced after 10 January 2015
- New rules for non-EU domiciled defendants in Member State courts
- Two scenarios for non-EU defendants:
- Employer whose employee works habitually in a Member State
- Trader directing commercial activities to a Member State
- Other scenarios: Exclusive jurisdiction clause, or domicile of parties
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Description
This quiz explores the intricacies of international litigation and the essential checklists for plaintiffs and defendants involved in cross-border disputes. Learn about the various considerations for choosing forums, enforcing judgments, and managing the complexities of transnational legal proceedings.
