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Unilateral jurisdiction clauses may not always be effective

Herbert Smith Freehills LLP
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United Kingdom
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February 12 2013

Dispute resolution clauses that give one party the right to choose where disputes will be resolved are not uncommon, particularly in finance

Court of Appeal upholds anti-suit injunction against a non-party to an arbitration clause

Herbert Smith Freehills LLP
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United Kingdom
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June 22 2012

In Joint Stock Asset Management Company Ingosstrakh Investments v BNP Paribas SA 2012 EWCA Civ 644 the Court of Appeal has upheld an anti-suit injunction against a non-party to an arbitration clause on the grounds that Russian proceedings being pursued by that non-party were vexatious and oppressive

Sweeping reforms to UK financial services regulatory regime might be an example to Japan

Herbert Smith Freehills LLP
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Japan, United Kingdom
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September 30 2010

Japan's financial regulator, the Financial Services Agency (Japanese FSA), has not been subject to clear pressure to reform unlike regulators in most other developed capital markets

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Unilateral jurisdiction clauses may not always be effective

Court of Appeal upholds anti-suit injunction against a non-party to an arbitration clause

Sweeping reforms to UK financial services regulatory regime might be an example to Japan

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