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23 June 2011 / Ekaterina Sjostrand
Issue: 7471 / Categories: Features , Commercial
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To sue or not to sue?

Ekaterina Sjostrand analyses the main principles of the jurisdiction of English courts in Russia/CIS related disputes

England having become a popular dispute resolution forum for Russia and Commonwealth of Independent States (CIS) related cases in the past decade or so, the High Court in London has seen an influx of various matters connected, one way or another, to the former Soviet states. In many such cases, it is the origin of the actual parties which bears this connection, and/or the origin of the assets at the heart of the dispute, and/or the origin of the ultimate owners of the assets. In different “scenarios” different conflict of laws rules will apply as regards the courts’ jurisdiction.

The most significant cases giving rise to landmark decisions involved the famous “oligarchs”. In almost all of them challenges to jurisdiction of English Courts ended up in long fierce legal battles. They dealt with various difficult legal issues such as personal service, domicile, criteria for grant of permission to serve out of jurisdiction including “forum conveniens”.

Domicile

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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