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Alternative dispute resolution e-bulletin

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 17 2012

Welcome to our first ADR e-bulletin of 2012

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim

ECJ prohibits use of anti-suit injunctions in support of arbitration agreements in the EU

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • March 25 2009

The European Court of Justice (ECJ) handed down a judgment on 10 February confirming the Advocate General's opinion that anti-suit injunctions should not be granted by an EU Member State court in order to restrain proceedings in another Member State on the ground that the proceedings would be in breach of an arbitration agreement