commercial court vienna

143 results for commercial court vienna

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  • Elektrim SA v Vivendi Holdings 1 Corp, Court of Appeal - Civil Division, October 24, 2008, [2008] EWCA Civ 1178,[2009] 1 Lloyd's Rep 59,[2008] 2 CLC 564

    1. The principal question on this appeal relates to the construction of a ``no-action'' clause in a bond issue, whereby only the trustee of the issue is entitled to take enforcement action against the issuer, and bondholders cannot proceed directly against the issuer unless the trustee fails to take action in accordance with the bond documentation.

    ... to the PTC stake and that, by virtue of various awards of an arbitral tribunal sitting in Vienna, Elektrim was obliged to transfer the stake to DT. . 9. Vivendi claims that the transfer of the ... and a subsidiary of Vivendi, acquired a substantial holding in the bonds, allegedly for commercial reasons. In fact it is apparent that VH1's acquisition of the bonds was for the purpose of pursuing ...

  • Procter & Gamble Company v Reckitt Benckiser (UK) Ltd, Court of Appeal - Chancery Division, December 13, 2006, [2006] EWHC 3154 (Ch),[2007] ECDR 4,[2007] FSR 13

    1. The protagonists in this case are both multi-national corporations whose business includes selling domestic air spray fresheners. Procter & Gamble’s product is called “Febreze” and Reckitt Benckiser’s is called “Air Wick Odour Stop”. Procter & Gamble sell Febreze in the United States of America and in many member states within the European Un...

    ...|Decisions in other European jurisdictions |58 |. |Vienna Commercial Court |59 |. |Brussels Court of ...

  • Anson (Appellant) v Commissioners for Her Majesty's Revenue and Customs (Respondent)

    ... repeated in later bulletins), following the decision of the Court of Appeal in Memec plc v Inland Revenue Comrs [1998] STC 754, .... The Vienna Convention on the Law of Treaties . 54. It is a matter of ... that kind covered, in particular, the industrial and commercial profits of enterprises engaged in business in one of the ...

  • ECJ rules on Application of Unfair Commercial Practices Directive to Consumer Promotions

    ...A rival publisher objected and applied to the Commercial Court in Vienna for an injunction to end the competition. Following appeals from both parties, the ...

  • Baturina v Chistyakov, Court of Appeal - Commercial Court, May 10, 2017, [2017] EWHC 1049 (Comm)

    2. This is a bitter commercial dispute between two wealthy Russian business entrepreneurs who engaged together in a venture relating to property development projects in Morocco (``the Projects''). The Claimant (``Ms Baturina'') claims recovery by reference to some €74million which she caused to be paid into the control of the Defendant (``Mr Chist...

    ...a) It is common ground that Ms Baturina signed the Supplemental Agreement (which had been prepared back in October 2010 and dated 29th October 2010) in March 2011 in Vienna. The signed copy was sent to Mr Chistyakov's in-house lawyer by email on 16th March 2011. It was also sent by Ms Babirenko, Mr Chistyakov's in house lawyer, to a Mr Tikhomirnov of the Hermitage Group ...

  • Belhaj and another (Respondents) v Straw and others (Appellants)

    ... I Introduction . 1. The appeals now before the Supreme Court in Belhaj and Boudchar v Straw and Ministry of Defence v ... (under, it seems likely, other names) to take a commercial flight from Beijing to London, but were instead and for whatever ... of Confederation, which was established by the Treaty of Vienna 1815 and sat in Frankfurt under Austrian presidency. The Diet had ...

  • Regulation (EC) No. 261/2004: Delays, Cancellations And A New Headache For Carriers

    ...Air France, 2 July 2009. Proceedings in the European Court of Justice (ECJ) have. threatened the legal validity of ...German Federal Court of Justice and the Vienna Commercial Court. The cases requested clarification of the ...

  • Reyes (Appellant/Cross-Respondent) v Al-Malki and another (Respondents/Cross-Appellants)

    ...The Court of Appeal has held that the Employment Tribunal has no ... entitled to diplomatic immunity under article 31 of the Vienna Convention on Diplomatic Relations, and Mrs Al-Malki was entitled ... where the proceedings relate to "any professional or commercial activity exercised by the diplomatic agent in the receiving state ...

  • British American Tobacco UK Ltd & Ors v The Secretary of State for Health, Court of Appeal - Civil Division, November 30, 2016, [2016] EWCA Civ 1182

    James Eadie QC, Martin Howe QC, Ian Rogers QC, Catherine Callaghan, Julianne Kerr Morrison, Nikolaus Grubeck and Jaani Riordan (instructed by the Government Legal Department) for the Respondent (``the Secretary of State'') Hearing dates : 18-21 October 2016 - - - - - - - - - - - - - - - - - - - - - JudgmentLord Justice Lewison: INTRODUCTION 1....

    ... were outside the competence of the United Kingdom because measures relating to the commercial aspects of trade marks fall within the common commercial policy of the EU and are thereby reserved ... the TRIPs Agreement is an international treaty it must be interpreted in accordance with the Vienna Convention on the Law of Treaties. Article 31(3) of that Convention provides that any subsequent ...

  • Grizzly Business Ltd v Stena Drilling Ltd & Anor, Court of Appeal - Commercial Court, June 13, 2014, [2014] EWHC 1920 (Comm)

    1. This case is, in essence, about one short question of fact. That question is whether Mr. James Devine agreed with Mr. Tom Welo during a telephone conversation on 29 November 2011 that Mr. Devine (through his company Grizzly Business Limited) would be entitled, in the event that Stena chartered their drilling vessel to Shell, to a success fee equ...

    ...A car would take Mr. Banks to Charles de Gaulle and Mr. Devine to central Paris. Mr. Reinertsen was to be taken by car from The Hague to Schipol to catch a scheduled flight (possibly to Vienna). There was a dispute in the evidence as to who gave the instructions to divert the flight. Mr. Devine's recollection was that when Mr. Welo realised that both Mr. Banks and Mr. Devine were ...

  • Al Saud & Anor v Apex Global Management Ltd, Court of Appeal - Civil Division, June 11, 2013, [2013] EWCA Civ 642,[2013] WLR(D) 228

    1. This is an appeal (with the leave of the judge) by two Saudi Arabian princes (the ``Princes'') from the decision of Vos J dismissing their applications claiming sovereign immunity from claims made against them in an unfair prejudice petition under section 994 of the Companies Act 2006 by Apex Global Management Limited (``Apex'') in relation to t...

    ... of the exclusion from immunity in respect of actions relating to any professional or commercial activity exercised by the head of state or his household, which arises from the indirect ity of Article 31 of the Vienna Convention on Diplomatic Relations to head of state immunity, subject to ``any necessary ...

  • Al-Malki & Anor v Reyes & Anor (Jurisdictional Points), Court of Appeal - United Kingdom Employment Appeal Tribunal, October 04, 2013, [2013] UKEAT 0403_12_0410

    Two domestic workers, employed one after the other by the First Respondent, a diplomat, and Second Respondent, his wife, (the appellants in this appeal) asserted they had been denied their contractually agreed or minimum wages, and had been discriminated against because of their race. They said they had been trafficked. The Respondents claimed dipl...

    ... The ET held that the restriction of the plea of diplomatic immunity in the Vienna Convention, where a diplomat had engaged in commercial activity outside his official functions, ...

  • Shulman v Kolomoisky & Anor, Court of Appeal - Chancery Division, February 02, 2018, [2018] EWHC 160 (Ch)

    1. By this application, issued on 3 July 2017 by the second defendant, Mr Gennadiy Bogolyubov (``D2''), a declaration is sought that the court has no jurisdiction to try the underlying claim. The first defendant, Mr Igor Kolomoisky (``D1''), is not a party to the application. 2. The claim, brought by the claimant, Mr Vadim Shulman (``C''), was issu...

    ...At about the time of the divorce, D2 and Sofia left the Ukraine and moved to Vienna, where the first two of their four children were born. In October 2009, at Sofia's suggestion, they ... 37. In March 2013 a Mr Victor Pinchuk, a Ukrainian businessman, began proceedings in the Commercial Court, England against D1 and D2, claiming more than US$2 billion. The claim concerned assets in ...

  • Andrea Merzario Ltd v Internationale Spedition Leitner Gesellschaft GmbH, Court of Appeal - Civil Division, January 23, 2001, [2001] 1 All ER (Comm) 883,[2001] CLC 643,[2002] ILPr 26,[2001] EWCA Civ 61,[2001] 1 Lloyd's Rep 490,[2001] 1 LLR 490

    This appeal raises some interesting questions concerning article 31 of the Convention for the International Carriage of Goods by Road, signed at Geneva on 19 May 1956 (``CMR''). In Cummins Engine Co v Davis Freight Forwarding (Hull) [1981] 2 Lloyd's Rep 106 at 109, Mocatta J described CMR as ``notoriously difficult''. Its reputation is intact. T...

    ...COURT OF APPEAL (CIVIL DIVISION). ON APPEAL FROM QUEEN'S BENCH DIVISION. COMMERCIAL COURT. (Mr Justice LONGMORE). Royal Courts of Justice. Strand, London, . WC2A 2LL. Tuesday 23 ...'') was the contracting carrier for the carriage of a consignment of whisky from Scotland to Vienna. The contract of carriage was made on 15 March 1999. The defendant, Internationale Spedition ...

  • Benkharbouche (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant)

    ... ground that they were contrary to the right of access to a court guaranteed by article 47 of the EU Charter. The claims based on ... law character, including widely defined categories of "commercial transactions" and commercial activities, as well as contracts of ... scheduled to the Diplomatic Privileges Act of 1964 is the Vienna Convention on Diplomatic Relations (1961). Article 1 of that ...

  • Secretary of State for Foreign and Commonwealth Affairs and Libya (Appellants) v Janah (Respondent)

    ... ground that they were contrary to the right of access to a court guaranteed by article 47 of the EU Charter. The claims based on ... law character, including widely defined categories of "commercial transactions" and commercial activities, as well as contracts of ... scheduled to the Diplomatic Privileges Act of 1964 is the Vienna Convention on Diplomatic Relations (1961). Article 1 of that ...

  • R (on the application of Bancoult No 3) (Appellant) v Secretary of State for Foreign and Commonwealth Affairs (Respondent)

    ... that it "will include a 'no-take' marine reserve where commercial fishing will be banned". . 3. No fresh legislation or regulations ... unfortunate turn in this respect before the Administrative Court (Richards LJ and Mitting J). Burnton LJ had on 25 July 2012 given ... archive in breach of articles 24 and 27(2) of the Vienna Convention on Diplomatic Relations 1961, given effect in the ...

  • Reyes & Anor v Al-Malki & Anor, Court of Appeal - Civil Division, February 05, 2015, [2015] EWCA Civ 32

    1. In 2011, the claimants were employed as domestic workers by the respondents, a Saudi diplomatic agent and his wife. The claimants worked at the first respondent's official diplomatic residence. The UK Visas and Immigration (``UKV1''), which is a division of the Home Office, has determined that both women are the victims of trafficking. The re...

    ... The respondents claimed diplomatic immunity pursuant to articles 31 and 37 of the Vienna Convention on Diplomatic Relations (``the 1961 Convention'') which is incorporated into English law ..... (c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official ...

  • Davy International Ltd & Ors v Voest-Alpine Industrieanlagendau GMBH & Ors, Court of Appeal - Civil Division, July 17, 1998, [1998] EWCA Civ 1231

    The sole question for the decision of the Court is whether the provisions of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, 16 September, 1988 (the Lugano Convention) are applicable to a case such as the present where all the relevant legal proceedings in the two Contracting States (United K...

    ... of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, 16 September, 1988 (the Lugano Convention) are applicable to a case such as the present ... On 5 July 1996 the Austrian Defendants started their proceedings in the Commercial Court of Vienna. The Defendants to those proceedings are the two Davy companies, Trafalgar House PLC, Mr Trond ...

  • Benkharbouche & Anor v Embassy of the Republic of Sudan (Rev 1), Court of Appeal - Civil Division, February 05, 2015, [2015] EWCA Civ 33

    2. These appeals raise the question whether a member of the service staff of a foreign diplomatic mission to the United Kingdom may bring proceedings in this jurisdiction against the employer state to assert employment rights or whether such a claim is barred by state immunity. This has led, in turn, to a consideration of the compatibility of the S...

    ... 3 provides that a State is not immune as respects proceedings relating to certain commercial transactions and contracts to be performed in the United Kingdom. Section 4 makes specific ... law on diplomatic privileges and immunities by giving effect to certain provisions of the Vienna Convention on Diplomatic Relations, 1961 (``VCDR''). Those provisions which are given effect in the ...

  • Al Attiya v Bin-Jassim Bin-Jaber Al Thani, Court of Appeal - Queen's Bench Division, February 15, 2016, [2016] EWHC 212 (QB)

    1. The claimant is a member of a prominent family related to the ruling family of the state of Qatar. He was born in London and is a dual British and Qatari national. Since 1993 he has been a salaried member of the Foreign Ministry of Qatar and from July 1998 he held the rank of Ambassador, although he is not accredited to any overseas mission. 2.

    ... to a number of pieces of information available from public sources about the defendant's commercial, social and media activities since mid-2013 to date that were said to be inconsistent with ... in respect of any matter, save to the extent as permitted under Article 31 (1) of the Vienna Convention on Diplomatic Relations 1961 (VCDR) incorporated into law by the Schedule to the DPA. ...

  • Hamilton v Hamilton & Anor, Court of Appeal - Chancery Division, May 13, 2016, [2016] EWHC 1132 (Ch)

    1. In January 1939 the late David Hamilton (then David Zwingerman) (``David'') escaped from Nazi Germany to England as an unaccompanied child under the Kindertransport programme. He was 15 years old. His sister, Hannah, tried to go with him on the same train, but was refused permission to travel because she was over the age of 16. During the war,

    ... was Professor Martin Schauer, who has been Professor of Private Law at the University of Vienna since 2001. Among his fields of specialisation are succession law and the law of foundations, ... the Lugano Convention on jurisdiction and the enforcement of judgements in civil and commercial matters. Accordingly, ``Liechtenstein may still be called a safe haven in the field of asset ...

  • NRC Holding Ltd v Danilitskiy & Anor, Court of Appeal - Chancery Division, June 20, 2017, [2017] EWHC 1431 (Ch)

    1. On 4 January 2016, the Applicant (``NRC'') obtained judgment in default against the First Defendant (``Mr Danilitskiy'') in the sum of US$5,000,000 plus interest and costs. Mr Danilitskiy did not defend the claim and has not taken any steps to set aside the judgment, although it appears that he is aware of it. 2. NRC seeks to enforce the judgme...

    ...NRC alleged that the payments were made without any commercial justification, in breach of Mr Danilitskiy's duties to NRC and dishonestly. 7. The claim form was ... indicated that the person using the Property was female, and Ms Maltseva, who is living in Vienna with her children, did not, in any event, suggest that the person using it was her. Ms Messick ...

  • The Freedom And Justice Party & Ors, R (On the Application Of) v Secretary of State for Foreign and Commonwealth Affairs & Anor, Court of Appeal - Administrative Court, August 05, 2016, [2016] EWHC 2010 (Admin)

    2. The substantive issue raised by the Claimants in this application for judicial review is whether members of special missions visiting the United Kingdom with the approval of the First Defendant (``the FCO'') enjoy personal inviolability and/or immunity from criminal process pursuant to a rule of customary international law to which effect is giv...

    ...6. The law relating to permanent missions has been codified in the form of the Vienna Convention on Diplomatic Relations, 1961 (``VCDR'') (as a matter of international treaty law ...As was said by Lord Dunedin [in Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd [1921] 2 AC 438 at 448]:. `The question ...