Employment and Commercial Disputes : the International Aspects

A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases.As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.This title is included in Bloomsbury Professional's Company and Commercial Law and Employment Law online services. Preface Table of Statutes Table of Statutory Instruments Table of EU Legislation Table of Cases Chapter 1 Introduction An overview Jurisdiction The applicable law Structure of the book Initial strategic questions Part I Conflict of law rules Chapter 2 The UK’s departure from the EU Jurisdiction and recognition of judgments Choice of law A note on the Brussels Regulations and the Lugano Convention Table of equivalences Chapter 3 Jurisdiction A definition of jurisdiction The importance of domicile How to ascertain domicile Individuals Corporations The relevant rules on jurisdiction An outline of the rules The scope of the Brussels Recast Regulation The rules applied by the Brussels Regulation Jurisdiction over persons domiciled in EU Member States Overview The general rule The particular rules: the additional ‘gateways’ An introduction to the Brussels Regulation ‘gateways’ Article 26: submission to the jurisdiction Article 7: contract and tort Article 8: the addition of parties Articles 10–16: insurance Articles 17–29: consumers Articles 20–23: employment Article 24: exclusive jurisdiction cases Article 25: jurisdiction agreements The conclusive effect of the jurisdiction rules Flowcharts Detailed interpretation of the particular rules Article 26: entering an appearance Article 7: special jurisdiction Article 8: multiple defendants Articles 10–16: insurance claims Articles 17–19: consumer contracts Articles 20–23: employment contracts Article 24: exclusive jurisdiction Article 25: jurisdiction clauses The Hague Convention on Choice of Court Agreements Jurisdiction under domestic law: persons not domiciled in Member States Overview When will the English court have jurisdiction? Service in the jurisdiction Submission to the jurisdiction Permission to serve the claim out of the jurisdiction The jurisdictional gateways in detail Is England the appropriate forum: discretion and forum conveniens Chapter 4 Challenges to jurisdiction Claims governed by the Brussels Recast Regulation Claims not governed by the Brussels Recast Regulation Forum non conveniens Cases other than those based on choice of jurisdiction Cases based on choice of jurisdiction Chapter 5 Lis alibi pendens Stays under the Brussels Recast Regulation A summary of the relevant Articles The rules in detail Mandatory stays: Article 29 Permissive stays: Article 30 Stays in favour of courts of a non-Member State Stays under common law Chapter 6 Choice of law Cases where effect will not be given to foreign law Incompatible with public policy Penal, revenue or public law Chapter 7 Choice of law in contract Party choice Choice of law where the parties do not make a selection General rules Specific types of contract Mandatory provisions The scope of the applicable law Capacity to contract The common law Chapter 8 Choice of law in respect of non-contractual obligations Scope of the Rome II Regulation Freedom of choice Governing law apart from choice Tort/delict The special rules – Articles 5–8 Product liability Unfair competition and acts restraining fair competition Environmental damage Infringement of intellectual property Industrial action Claims against insurers Multiple liability The scope of the governing law Negotiorum gestio Culpa in contrahendo Unjust enrichment Domestic law Chapter 9 Anti-suit injunctions The nature of anti-suit injunctions Types of anti-suit injunction Anti-suit injunctions and the Brussels Regulation Anti-suit injunctions in domestic law The exercise of discretion to grant the injunction Anti-suit injunctions based on a party’s right to be sued in a particular forum Anti-suit injunctions, the Brussels Recast Regulation and Brexit Anti-suit injunctions and arbitration Anti-enforcement injunctions Chapter 10 Practice and procedure Introduction Particular elements of procedure Service out Challenges to jurisdiction Applications for injunctions Chapter 11 Interim remedies Introduction Freezing orders Freezing orders and international claims Article 35 Search orders Chapter 12 Proof of foreign law Chapter 13 Foreign judgments Introduction Means of enforcement of judgments Conditions for recognition and enforcement Common law Cases where a judgment will not be enforced at common law Fraud Public policy Enforcement under statute Other statutory exceptions to the recognition of foreign judgments Brussels Recast Regulation Hague Convention Chapter 14 Jurisdiction in the employment tribunal Jurisdiction The role of rule 8 Agents and employees of a respondent employer The territorial scope of legislation Part II How applicable rules apply to employment and commercial cases Chapter 15 Team moves General introduction What claims might be brought? Potential remedies Conflict of laws Jurisdiction Claims against employees Claims against the new employer Choice of law Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Case 6 Case 7 Chapter 16 Breach of confidence When is information confidential? What circumstances give rise to an obligation of confidence? Contract Equity Statute Defences Remedies Jurisdiction EU-domiciled defendants Non-EU domiciled defendants Choice of law Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Case 6 Chapter 17 Applications for anti-suit injunctions General introduction Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Case 6 Case 7 Case 8 Case 9 Case 10 Case 11 Case 12 Case 13 Case 14 Case 15 Case 16 Case 17 Case 18 Case 19 Case 20 Case 21 Case 22 Case 23 Case 24 Case 25 Chapter 18 Breach of contract claims between employers and employees involving different jurisdictions General introduction Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Case 6 Case 7 Case 8 Case 9 Case 10 Case 11 Case 12 Case 13 Case 14 Case 15 Case 16 Case 17 Case 18 Chapter 19 Employment tribunal claims involving foreign employers and related parties General introduction Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Case 6 Case 7 Case 8 Case 9 Case 10 Case 11 Case 12 Case 13 Case 14 Case 15 Case 16 Chapter 20 Breach of fiduciary duty General introduction Remedies for breach Jurisdiction Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Chapter 21 Fraud General introduction Jurisdiction and choice of law Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Case 6 Case 7 Case 8 Case 9 Case 10 Case 11 Chapter 22 International sales contracts Defining ‘sale of goods’ Jurisdiction and choice of law Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Case 6 Chapter 23 Contracts for services Liability in contract Liability in tort Categorising a case Governing law Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Case 6 Case 7 Chapter 24 Economic torts Procuring a breach of contract Causing loss by unlawful means Conspiracy Case studies Case 1 Case 2 Case 3 Case 4 Case 5 Index "A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given."-- Provided by publisher