Damian Smith

2 posts by Damian Smith
Beef? Burgers

7 Important Considerations for Global Supply Chains: Knowing ‘Who’ is doing ‘What’

The recent horse meat scandal has highlighted how complicated supply chains have become. Global supply chains are increasingly sophisticated and this can raise complex issues of law and jurisdiction. This requires clients to proactively manage their supply chains. Failure to do so might result in significant adverse publicity and potential civil and criminal liability (potentially more

Forum Shopping – English Courts: Open For (International) Business

‘Forum shopping’ is the process whereby litigants choose the most favourable country (‘forum’) to hear their dispute. Many parties ‘forum shop’ for a range of different reasons. These might be: The availability of favourable costs orders (i.e. how much can be recovered from an unsuccessful party); More expansive (or, depending on the case, restrictive) disclosure rules; or The availability of interim remedies such as freezing injunctions or security for costs. In many cases, forum shopping is not available to a claimant; it is unlikely that many foreign parties will ‘submit’ to a jurisdiction with no connection to the claim and it might prove difficult for one country’s courts to grant an order which is binding upon ‘foreign’ parties. more