Jurisdiction and Cross-border
This part of the topic index contains resources on cross-border dispute resolution including governing law, jurisdiction and conflict of laws. Please select the resource that you require by clicking on the relevant tab below.
9
resources
These resources are maintained, meaning that we monitor developments on a regular
basis and update them as soon as possible.
| 1 | Jurisdiction: an overview This note considers the jurisdictional issues which arise when litigation has a foreign element. It sets out the rules which determine whether the English court will have jurisdiction, both under the common law and the European regime, in particular under the Brussels Regulation. | Practice note: overview | Maintained |
| 2 | A world tour of the rules of privilege This note provides an overview of the law on privilege in 23 jurisdictions as at 30 July 2009. Where relevant, it will be necessary to check whether the law has changed since then. | Practice notes | 30-Jul-2009 |
| 3 | Competition regime: EU Legal privilege This Practice note considers the extent to which companies may be able to prevent disclosure of documents on the grounds that the documents are entitled to protection by the right of legal professional privilege in relation to European Commission competition investigations. (The authors are grateful to Lesley Ainsworth of Hogan Lovells International LLP for her assistance in the preparation of this Practice note). | Practice notes | Maintained |
| 4 | Cross-border recognition issues in corporate recovery and ... This is a practice note on the recognition of restructuring and insolvency proceedings across different jurisdictions. It discusses why such recognition may be crucial to the success of formal corporate restructuring and insolvency processes (such as schemes of arrangement, CVAs and administrations). It also details the principal considerations when seeking recognition and provides an overview of the main legal regimes governing the recognition of UK insolvency proceedings abroad, and the recognition of foreign proceedings in the UK. | Practice notes | Maintained |
| 5 | Data protection in outsourcing transactions: the UK ... This article is part of the PLC multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcinghandbook. This article outlines some key issues companies should consider regarding the processing of personal information in UK outsourcing transactions. In particular, it explains: The principles of the Data Protection 1998 Act concerning the processing of personal data, the key rights that the Data Protection Act gives to data subjects, the consequences for companies of breaching the Data Protection Act and the key issues that arise in outsourcing transactions as a result of the Data Protection Act's requirements. | Practice notes | 01-Feb-2011 |
| 6 | Issues in transatlantic litigation This note address the issues that arise when it is possible for a party to bring proceedings in the courts of England and Wales, or the US. The note: Considers the key procedural differences between English and US litigation. Identifies major differences in the substantive laws of the two jurisdictions. Discusses the practical issues facing litigants in transatlantic litigation. | Practice notes | Maintained |
| 7 | Rome I and Rome II: a summary This note considers: The Rome I Regulation on the law applicable to contractual obligations. The Rome II Regulation on the law applicable to non-contractual obligations. It summarises the background to both Regulations, their legislative history and key objectives (including the instruments which preceded their introduction, namely the Rome Convention on the law applicable to contractual obligations and the Private International Law (Miscellaneous Provisions) Act 1995). | Practice notes | Maintained |
| 8 | Seeking a reference to the ECJ This note explains what the Court of Justice of the European Union (formerly known as the European Court of Justice (ECJ)) is, why a reference would be made to it and who can make a reference. The note gives examples of questions which might be referred to the ECJ and sets out a brief summary of the procedure to be followed and the effect of a ruling by the ECJ on the question referred. | Practice notes | Maintained |
| 9 | The European Union after the Treaty of Lisbon This Practice note examines the impact of the Treaty of Lisbon on the decision-making procedures and substantive policies of the European Union. | Practice notes | Maintained |