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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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