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Houthoff | Netherlands | 31 Jan 2019
Directe actie, ruime uitleg uitzondering op meldingsvereiste
Directe actie, ruime uitleg uitzondering op meldingsvereiste (art. 7:954 lid 2 BW) Lid 2 van art. 7:954 BW regelt dat de benadeelde zonder…
AKD | Netherlands | 11 Dec 2018
Onus on party seeking to limit liability to provide all information at early stage
A recent decision by the Rotterdam Court regarding a major oil spill in the port of Rotterdam emphasises the importance of assessing at an early stage which liability regime applies when a party seeks to limit its exposure to claims in the event of an oil spill at sea. The court held that in procedures concerning limitation of liability, it is the responsibility of the party seeking to rely......
Wikborg Rein | Norway | 8 Aug 2018
Supreme Court strikes blow against forum shopping in direct action
In a landmark decision the Supreme Court has set aside a Court of Appeal decision which concluded that the Norwegian courts have jurisdiction under the Lugano Convention in a direct action concerning a ship collision in the Singapore Strait. The decision provides welcome clarification to liability insurers across Europe, as it sets out that the Lugano Convention is a self-contained and......
Freeborn & Peters | USA | 30 May 2018
ICO Attorneys Beware, You Could Be Next!
Following the SEC’s recent initial subpoena offerings (pun intended) targeting ICO issuers, many believe the SEC might now turn its sights toward some…
Clayton Utz | Australia | 1 Feb 2018
Australian organisations beware ‒ you could be caught by EU's new General Data Protection Regulation
Europe might be on the other side of the world, but in an online world it's only a click away ‒ and so are its data protection laws. From 25 May 2018…
MinterEllison | Australia, European Union | 11 Jan 2018
GDPR: raising the standards and raising the stakes
In May 2018, the European Union introduced the General Data Protection Regulation (the GDPR), which is the world's most powerful and far-reaching…
HFW | European Union | 6 Jul 2017
Direct actions against insurers - floodgates now open?
In a decision with significant implications for P&I Clubs and other insurers, the European Court of Justice has set aside a jurisdiction agreement in…
Wikborg Rein | Global, Norway | 15 Feb 2017
Considered ratification of Nairobi International Convention on the Removal of Wrecks
A year and a half after the entry into force of the Nairobi International Convention on the Removal of Wrecks, the Ministry of Transport has completed a consultation process on a proposal to ratify the convention and implement it into Norwegian law. The ministry has suggested that the convention be implemented on a dual basis, alongside existing legislation.
WSCO Advokatpartnerselskab | Denmark, European Union | 7 Dec 2016
Supreme Court asks ECJ whether jurisdiction clause binds third-party proceedings against P&I insurer
The Supreme Court recently requested guidance from the European Court of Justice on whether an injured party which, under national law, may bring proceedings directly against the liability insurers of the liable party is, under EU law, bound by the jurisdiction clause of the policy between the insurer and policyholder. The request follows an appeal by a Danish port for liability claims......
Verrill Dana LLP | USA | 25 Aug 2016
Mass SJC: Failure to Adequately Investigate Sexual Harassment has Consequences - Hundreds of Thousands of Them
Talk about sending a message! Massachusetts’ Supreme Judicial Court just reinstated a $540,000 jury verdict in favor of a finance manager at a Lexus…
