Dispute Resolution analysis: In Okuashvili v JSC Tbilisi Tobacco, the High Court heard a complex jurisdictional challenge in respect of two separate sets of proceedings brought against various individuals and companies located in or with a nexus to Georgia. The judgment, which resulted in the court ultimately declining jurisdiction over almost all of the claims against all but one defendant, provides a helpful summary of the law applicable to the granting of permission to serve out of the jurisdiction under CPR 6.36 and CPR 6.37. It also serves as a timely reminder to practitioners of the importance of compliance with the duty of full and frank disclosure which arises in the context of without notice applications such as an application for permission to serve a claim out of the jurisdiction, and of the factors the court will take into consideration when determining whether or not there has been valid service...
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Applicable law—common law (contract)This Practice Note sets out when the common law of England and Wales applies to determine the applicable law in respect of contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is
Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to
Enforcing foreign judgments—common law principlesThis Practice Note considers the recognition and enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in England and Wales with the foreign judgment as the cause of action. The Practice Note
Rome I—parties fail to choose the applicable lawThis Practice Note considers the application of Regulation (EC) 593/2008 on the law applicable to contractual obligations, commonly known as Rome I, to circumstances in which the parties have not chosen the applicable law. It considers the law
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