Foreign non-main proceedings meaning

This Flowchart helps you decide whether the Business & Property Courts (B&PCs) Disclosure Scheme (CPR PD 57AD) applies to your claim, or if disclosure is governed by CPR 31, CPR PD 31A and CPR PD 31B. It does not address the position on: transfer of proceedings from a non‑Disclosure Scheme scenario to a Disclosure Scheme one; and disclosure in appeals Relevant content referred to in this Flowchart: Disclosure Scheme—when and where it applies Disclosure—overview Business and Property Courts Disclosure Scheme—Extended Disclosure Disclosure Scheme—Extended Disclosure and Less Complex Claims See also: Disclosure Scheme (Business & Property Courts)—overview...

In this issue: Key DR developments Cross-border disputes Pre-action and limitation Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance and reports Courts and Tribunals Judiciary publishes February 2026 updated edition of the Equal Treatment Bench Book: The Courts and Tribunals Judiciary has issued an interim February 2026 update to the Equal Treatment Bench Book. For more information, see: Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book—LNB News 26/02/2026 28. HCCH publishes 2025 annual report highlighting private international law developments The Hague Conference on Private International Law (HCCH) has released its 2025 annual report, noting the creation of two new Experts’ Groups to examine private international law topics linked to Digital Tokens and Carbon Markets. For more information, see: HCCH publishes 2025 annual report highlighting private international law...

STS Seatoshore Group Pte Ltd…Claimant and Wansa Commodities Pte Ltd…Defendant [2024] SGHC 266 What are the practical implications of this case? This decision underscores the importance of international comity when there has been delay in asking for anti-suit protection, even where overseas litigation is brought contrary to an arbitration clause. The longer the foreign case has progressed, the weightier the comity concerns become, since an anti-suit injunction (if followed) would squander the judicial effort already invested by the foreign court. Judges are likewise more reluctant to issue anti-suit orders where tardiness has led to a foreign judgment being handed down, because such orders would indirectly impede the enforcement of that judgment in its own forum. Therefore, a party intending to seek anti-suit relief should act at once, as soon as proceedings abroad are started. It is no excuse that the party is simultaneously contesting jurisdiction before the foreign court: an applicant cannot try its luck twice by applying for anti-suit relief only after unfavourable rulings on its jurisdictional...

Nefelia Shipping SA v Mosaic Fertilizantes Do Brazil [2025] EWHC 2941 (Comm). What was the background? The claimants commenced proceedings against Brazilian cargo interests and their underwriters, seeking general average contributions under bonds and guarantees executed in March 2018. The dispute stemmed from the M/V 'KONA TRADER' running aground at Paranagua after a main engine breakdown in March 2018; the general average adjusters assessed the defendants’ share at US$892,381.46 plus interest. Both defendants had expressly chosen English law and the exclusive jurisdiction of the High Court of Justice in London. The claim form was issued on 11 September 2023, and the claimants sought a 15‑month period for service, anticipating difficulties in serving the Brazilian parties. That initial extension was granted on 22 September 2023, carrying validity through to 15 November 2024. Nonetheless, compliant papers reached the FPS only on 4 October 2024, so a further without‑notice extension to 15 November 2025 was pursued and granted on 14 November 2024, with liberty to the defendants to apply to set aside....

Scope of the regime (NSIA 2021) took full effect on 4 January 2022. From that point, the UK Government gained powers to scrutinise and intervene in a broad array of investments in entities operating in the UK, and in purchases of related assets, with the goal of stopping deals that might threaten the UK’s national security. The regime is run by the Investment Security Unit (ISU) within the Cabinet Office, while the formal decision‑maker is the Chancellor of the Duchy of Lancaster (described in the Act, and here, as the ‘Secretary of State’). Beyond handling notifications and associated proceedings, the ISU may issue guidance on the regime and how it applies to particular transactions. Under NSIA 2021, certain investments in business entities active across 17 specified UK sectors must be notified to the ISU by the investor and cleared by the Secretary of State before completion. This notification duty applies whether the investor is UK‑based or overseas, and also to investments in foreign entities active in these sectors in...

This Practice Note This Practice Note examines how the courts of England and Wales (English courts) apply foreign law when resolving disputes, explaining what ‘foreign law’ means and its relevance within English proceedings. the date at which it must be ascertained, that, in the English courts, foreign law is a question of fact, the obligation to plead any relied‑upon foreign law, the effect of foreign law on disclosure, adducing expert evidence of foreign law, the influence of foreign law when assessing interest, its impact on summary judgment or strike out applications, and case management considerations. Note that many of these issues may not apply elsewhere. In some jurisdictions, foreign law is regarded as law rather than fact, or the court may apply it without a party pleading it in their statements of case. If considering the application of English law in a foreign court, local law advice will therefore be required. This Practice Note refers to...

This Practice Note explores how state immunity intersects with arbitration proceedings in Brazil. For a general introduction to state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. For materials on state immunity across multiple jurisdictions worldwide (including England and Wales), refer to our ‘State immunity’ subtopic: State immunity and arbitration—overview. It also examines exceptions to absolute state immunity and waiver of immunity, both in general terms and as they arise in international arbitration... Concept of state immunity in Brazil State immunity is a customary rule of international law. Grounded in the equality of states, it embodies non-interference and respect for sovereignty. It holds that one state may not sit in judgment on another, as equals do not wield authority over each other. As a default position, this immunity shields a foreign state—including its governmental bodies, companies and agents—from being compelled to submit to the jurisdiction of another state’s courts... In Brazil, there is no specific legislation concerning state immunity. The concept is applied by...