Marex Financial v Carlos Sevilleja Garcia: a jurisdictional challenge

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Glencore awarded anti-suit injunction in DRC

In Kamoto Copper Company SA v Africa Horizons Investments Ltd and Ventora Development SASU [2018] EWHC 1086 (Comm) , Mr Justice Males ordered an anti-suit injunction against the defendant companies on the claimant’s application after the second defendant commenced proceedings in the DRC claiming US$2.857bn in relation to the alleged assignment of a royalties agreement…

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Mr Justice Butcher has upheld a challenge by Vakifbank, a Turkish bank, to the English Court’s jurisdiction to try a claim brought by BTA, a Kazakh bank, and its affiliate. The background was that BTA had given Vakifbank a guarantee, governed by Turkish law, of a debt. By the time Vakifbank called on the guarantee, […]

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By Zoe O’Sullivan QC The important decision of the Court of Appeal in Computer Associates UK Ltd v The Software Incubator Ltd [2018] EWCA Civ 518 has held (reversing the judgment of HHJ Waksman QC at first instance) that the supply of software in the form of a download is not a “sale of goods” […]

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Development in Sainsbury’s case against Visa’s fees

In the latest decision concerning multilateral interchange fees (“MIFs”) delivered on Friday 23 February, Phillips J held that if Visa’s MIFs were anticompetitive “then they were not exempt under Article 101(3) TFEU and would not have been exempt at any level”…

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