Does a foreign jurisdiction clause prevent an English court from enforcing an adjudicator’s award?

You might have assumed that if both parties have agreed that their construction contract will be subject to (say) Italian law, and agreed an exclusive jurisdiction clause in favour of the French courts, you have side-tracked any disputes away from the courts of Great Britain.

Related briefings

12 things you didn’t know about electric vehicles

The significant shift in people’s travel routines over the last 12 months will likely trigger long-term changes for many and our urban spaces will need to continue to develop into ‘smart cities’. Electric vehicles and their charging points will form a significant part of this changing landscape.

County Court confirms pandemic rent suspension clause is normal

Since the first wave of the COVID-19 pandemic and the early rent concession discussions, landlords and tenants have been grappling with providing for future pandemics. Early thinking that pandemic disruption should be an occupier risk was made difficult by the approach of insurers to occupiers’ business interruption polices (now the subject of a Supreme Court decision). Whatever the ultimate outcome for 2020 policies, future insurance is unlikely to be the answer. So landlords and tenants have been trying to strike a balance in new lease drafting to deal with the risk of future pandemic disruption. But what is normal? What is fair?

Protecting Canadian innovation in the Cleantech sector

Emerging technologies to mitigate environmental impact and even remediate harm that has already occurred, known colloquially as “cleantech”, represent a potentially explosive growth opportunity for Canadian innovation. Intellectual property rights, and in particular patent protection, can be an important asset for Canadian cleantech companies that can and should be leveraged as part of their business and growth strategy. Patent rights can be valuable not only in excluding competitors and soliciting investment, but even in terms of marketing. Patents can demonstrate that a company is on the cutting edge of sustainable technology.

Expedited trademark examination now available in Canada

On May 3, 2021, the Canadian Intellectual Property Office (CIPO) announced that it will begin accepting requests for expedited examination of trademark applications along with other new measures to reduce delays in examination.

Latest Briefings

Flexible working beyond the pandemic

As the dust settled following the rapid shift to remote working back in March 2020, it was clear that this unexpected move was going to drive some permanent changes across the sector.

Rules on accrual of holiday clarified

There have been a number of significant rulings on the topic of holiday pay over recent years and Smith v Pimlico Plumbings Ltd is the newest addition. Before we look at Smith, it is useful to understand how this area of law has developed over time.

Whistleblowing: what new duties will arise for employers? | Czech Republic

The Chamber of Deputies is currently discussing at first reading a bill on the protection of whistleblowers. This act should implement the European directive on whistleblowing, and should therefore become effective within the implementation period, i.e. no later than 17 December 2021.

EU interest limitation: impact on investment and fund structures | part one

The new EU interest limitation rules will significantly impact the tax position of asset holding companies and downstream investment structures in the EU for international investment funds. In this two-part panel session, experts from our Irish and Luxembourg Tax teams provide practical advice and guidance on how to address this significant new development.

Recommended

Barrister of the week: Matrix Chambers’ Danny Friedman QC

Despite a legal career spanning almost three decades and having worked on matters ranging from 9/11 to Grenfell Tower, Danny Friedman QC (Call: 1996) was not prepared for the emotional impact of his latest brief. Representing 12 of the ‘flying pickets’, known as the Shrewsbury 24, the Matrix Chambers‘ silk succeeded in appealing against the […]

Extra pay or extra holiday: DLA lets staff choose their Covid reward

DLA Piper is offering employees the choice between one week’s pay or an extra week’s holiday to reward them for their work during the pandemic. The “one week thank you” is for all fee-earners and business services professionals at DLA Piper’s international business. In the UK alone this amounts to around 2,000 employees, covering both […]

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