International Commercial Law
A large proportion of work undertaken at Fountain Court has an international dimension, and as such private international law and the conflict of laws, public international law and European law are staple areas of practice. These points frequently arise in the context of transnational commercial disputes, and members are able to combine talent in the relevant specific fields of practice with detailed knowledge of the substantive and procedural legal issues that arise in the context of international disputes.
In the field of private international law, members are frequently involved in cases that involve jurisdictional disputes (including in relation to choice of court and arbitration agreements), under the Brussels Regulation and related regimes as well as at common law, and have been involved in numerous cases relating to anti-suit injunctions (including Airbus Industries v Patel), forum non conveniens (including The Spiliada), and the application of the rules relating to service out of the jurisdiction. Members continue to be involved in the areas of development in these fields and, as an example, have recently been involved in the key cases developing the claim to damages for breach of jurisdiction and similar agreements (e.g. Union Discount Co v Zoller, National Westminster Bank v Rabobank Nederland). Moreover, members are frequently instructed in cases being conducted abroad that require assistance from the English courts, in relation to evidence gathering, letters rogatory or the enforcement of foreign judgments. Cases in the English courts in which members are involved often involve issues relating to the application of choice of law rules and foreign law (including cases such as Morgan Grenfell v SACE). Three members of chambers have authored Private International Law of Reinsurance and Insurance.
European law permeates many of the fields in which Fountain Court specialises, and members are routinely engaged in matters relating to the application of various forms of European legislation. Moreover, members (who include a former Advocate General to the ECJ) are also involved in cases that raise discrete European law points, for example in relation to the development of damages claims against the State.
Public international law issues arise in a variety of contexts, both as integral parts of wider litigation and also as discrete issues, and members have recently been involved in cases that touch on a range of such issues, including the Act of State doctrine and diplomatic immunity.
Our Publications in this Practice Area
- Private International Law of Reinsurance and Insurance
- EC Institutions
- The meaning of an Available Forum
- To what extent does an agreement to arbitrate exclude the Brussels Regulation
- Uncertainties in the First Limb of the Spiliada Test
- The enforcement of jurisdiction agreements within the Brussels Regime
- The Scope of the Conflict of Laws Provisions in the European Insurance Directives
Our People in this Practice Area
- Anthony Boswood QC
- Michael Brindle QC
- Michael Crane QC
- David Railton QC
- Brian Doctor QC
- Stephen Moriarty QC
- Stephen Rubin QC
- Michael McLaren QC
- Simon Browne-Wilkinson QC
- Philip Brook Smith QC
- Raymond Cox QC
- Guy Philipps QC
- Bankim Thanki QC
- Craig Orr QC
- Patricia Robertson QC
- Timothy Howe QC
- Richard Handyside QC
- Jeffrey Chapman QC
- Bridget Lucas
- Akhil Shah QC
- Marcus Smith QC
- Paul Gott
- Veronique Buehrlen QC
- Andrew Mitchell
- John Taylor
- Richard Coleman
- Paul Sinclair
- Patrick Goodall
- Deepak Nambisan
- Giles Wheeler
- Henry King
- Rosalind Phelps
- Edward Levey
- James Cutress
- Nik Yeo
- Adam Zellick
- Chloe Carpenter
- Paul Casey
- Tamara Oppenheimer
- Marianne Butler
- David Murray
- Sebastian Said
- James McClelland
- Simon Atrill
- James Duffy
- Rupert Allen
- Alexander Milner
- Harriet Jones-Fenleigh
- Adam Sher
- Richard Power