Legal News

Can multiple jurisdictional challenges be made? (IMS SA v Capital Oil and Gas Industries)

Published on: 25 August 2016
Published by: LexisPSL
  • Can multiple jurisdictional challenges be made? (IMS SA v Capital Oil and Gas Industries)
  • Original news
  • What are the practical implications of this judgment?
  • Can multiple jurisdiction challenges be an abuse of process?
  • When should multiple jurisdictional challenges be made?
  • Should the second jurisdictional challenge be allowed?
  • Why would the application have failed on the merits?
  • Was there a jurisdiction agreement?
  • Forum non conveniens
  • Summary judgment application
  • More...

Article summary

Dispute Resolution analysis: Popplewell J sets out the different bases on which a jurisdictional challenge may be made and considers whether not making challenges on different bases in the same application is an abuse of process. Practical insights into how multiple jurisdictional challenges should be made are highlighted along with reference to the relevant CPR provisions. In considering the jurisdictional challenge in this case, one on the grounds of forum non conveniens, Popplewell J emphasised the need for there to be consensus when determining whether there was a valid jurisdiction agreement under article 25 of Regulation (EU) 1215/2012 (Brussels I (recast)). or take a trial to read the full analysis.

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