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Listen "#26 (Anti-)Suit Up! When does a ‘security action’ breach a jurisdiction agreement?"
Episode Synopsis
One of aspects Luke enjoys most about practising international trade and shipping law is its multi-faceted nature. Some of those facets include:
➡️ substantive law - who is right and wrong on the arguments in the underlying dispute?
➡️ jurisdiction - where in the world should the dispute be heard?
➡️ arguably most importantly, security and enforcement - how do you secure that there are assets to enforce against your arbitral award or court judgment at the end of the day?
This case primarily focuses on the second of those, but is also relevant for the third point.
Mr Justice Foxton of the English Commercial Court explains in very clear terms what is the test for whether a foreign proceeding brought outside the agreed forum is truly one for security or whether it goes beyond seeking security and infringes on seeking substantive relief. Luke and Calum explore this test in the podcast.
These seem like ancillary, sideline battles in the grand scheme of things. But no. For those active in this area of law, these decisions can have a massive effect on the ultimate success of parties to the dispute.
If you’ve enjoyed this podcast episode, please do share it in your networks, and like and subscribe to our Case by Case podcast on Spotify. More topical or interesting cases dropping each Thursday.
➡️ substantive law - who is right and wrong on the arguments in the underlying dispute?
➡️ jurisdiction - where in the world should the dispute be heard?
➡️ arguably most importantly, security and enforcement - how do you secure that there are assets to enforce against your arbitral award or court judgment at the end of the day?
This case primarily focuses on the second of those, but is also relevant for the third point.
Mr Justice Foxton of the English Commercial Court explains in very clear terms what is the test for whether a foreign proceeding brought outside the agreed forum is truly one for security or whether it goes beyond seeking security and infringes on seeking substantive relief. Luke and Calum explore this test in the podcast.
These seem like ancillary, sideline battles in the grand scheme of things. But no. For those active in this area of law, these decisions can have a massive effect on the ultimate success of parties to the dispute.
If you’ve enjoyed this podcast episode, please do share it in your networks, and like and subscribe to our Case by Case podcast on Spotify. More topical or interesting cases dropping each Thursday.
In God we trust