Jurisdiction

Masood Ahmed & Osman Mohammed consider whether states must give express consent to waive their immunity

Do states need to give express consent to waive their immunity where an arbitral award is made against it? Yes, according to a recent case discussed in this week’s NLJ by Masood Ahmed, associate professor, University of Leicester, and Osman Mohammed, BA political science and international relations, University of Birmingham

Much favoured in finance contracts, asymmetric clauses have been confirmed as valid under EU law: Richard Marshall & Harriet Campbell consider the impact for contracting parties

If widely ratified, Hague 2019 will enhance global access to justice, writes Natalie Todd

There are only three months left before Hague 2019 takes effect on 1 July. In this week’s NLJ, Natalie Todd, partner at Cooke, Young & Keidan, looks ahead to the arrival of this important Convention which facilitates the effective international enforcement of foreign judgments in civil and commercial matters.

While rare, the courts can make passport orders to prevent judgment debtors leaving the country. In this week’s NLJ, Chris Bryden and Clara Parry discuss the use of this legal technique and how these orders are enforced.

Chris Bryden & Clara Parry discuss the rare use of passport orders to prevent someone leaving the country—and how these orders are enforced

Foreign judgments can serve as the basis for bankruptcy or winding-up petitions even if not formally recognised in the courts of England and Wales, two recent judgments confirm. However, the process is not automatic, as Lauren Pardoe, partner, and Camilla Pratt, senior associate, in Rosling King’s dispute resolution group, write in this week’s NLJ.

The courts have provided welcome clarity on enforcing foreign judgments in English insolvency proceedings: Lauren Pardoe & Camilla Pratt outline the opportunities & challenges

Chris Deacon examines the limitations of the Hague Judgments Convention for the victims of accidents abroad in the EU