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17 January 2014
Issue: 7590 / Categories: Case law , Law digest , In Court
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Conflict of laws

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Dar Al Arkan Real Estate Development Company (c) and another v Al-Sayed Bader Hashim Al-Refai and others [2013] EWHC 4112 (Comm), [2014] All ER (D) 07 (Jan)

Choudhary v Bhatter [2010] 2 All ER 1031 established that it was unnecessary and wrong to construe the words “regardless of domicile” in Art 22 of the Brussels Regulation (Council Regulation (EC) 44/2001) as having any application to a case where the person to be sued was not domiciled in a member state. 

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A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
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