Five years since the Republic of Mozambique issued its claim in the English High Court against Privinvest and other participants in one of the largest sovereign corruption scandals of modern memory – the so-called "Tuna Bond"...more
7/31/2024
/ Bribery ,
Corruption ,
Debt Restructuring ,
Financial Institutions ,
International Litigation ,
Investors ,
Mozambique ,
Settlement ,
Shipbuilding ,
Sovereign Territories ,
Special Purpose Vehicles
In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be...more
The English High Court has sanctioned a restructuring plan in respect of EUR 3.2 billion of bonds issued by the German real estate business, Adler Group. The main objective of the plan was to avoid Adler's imminent insolvency...more
Since the decision in Assénagon in 2012, there has been some doubt as to how much coercion can be applied in a consent solicitation that includes an "exit consent" and whether consents that seek to force detrimental economic...more
While the timing of competing English and German insolvency applications in Re Galapagos1 allowed for clear determination of jurisdiction under the UK Insolvency Regulation, there remains potential uncertainty as to how...more
The UK has left the EU but there remains a vast array of operational and legal issues for businesses to address. See below for our perspectives on the key challenges and opportunities that Brexit presents for different...more
The UK has left the EU but there remains a vast array of operational and legal issues for businesses to address. See below for our perspectives on the key challenges and opportunities that Brexit presents for different...more
Brexit: Fresh Perspectives -
The UK has left the EU but there remains a vast array of operational and legal issues for businesses to address. See below for our perspectives on the key challenges and opportunities that...more
The UK has left the EU but there remains a vast array of operational and legal issues for businesses to address. See below for our perspectives on the key challenges and opportunities that Brexit presents for different...more
8/3/2021
/ Data Protection ,
Dispute Resolution ,
EU ,
European Commission ,
Financial Services Industry ,
Germany ,
Italy ,
Member State ,
State Aid ,
Technology Sector ,
Trade Agreements ,
UK ,
UK Brexit ,
Withdrawal Agreement
The UK has left the EU but there remains a vast array of operational and legal issues for businesses to address. See below for our perspectives on the key challenges and opportunities that Brexit presents for different...more
For the duration of the Brexit transition period, the UK/EU Withdrawal Agreement provided for EU law to continue to apply to the UK. The transition period concluded on 31 December 2020 and, as widely anticipated, the UK and...more
The Government's proposed Internal Market Bill has prompted much debate regarding the UK's approach to international law, as well as the internal constitutional architecture of the UK. The EU has raised the prospect of a...more
9/23/2020
/ Belfast/Good Friday Agreement ,
Customs ,
Dispute Resolution ,
EU ,
No-Deal Brexit ,
Northern Ireland ,
Proposed Legislation ,
Subsidies ,
UK ,
UK Brexit ,
Withdrawal Agreement
In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more
11/11/2019
/ Antitrust Violations ,
Appeals ,
Breach of Competition Law ,
Burden of Proof ,
Calculation of Damages ,
Cartels ,
Compensatory Damages ,
Compound Interest ,
Damage Caps ,
Damages ,
Electricity ,
European Commission ,
Infringement ,
Lost Profits ,
Power Grid ,
Punitive Damages ,
Remittitur ,
Treaty on the Functioning of the European Union (TFEU) ,
UK
As sanctions ramp up globally, it is increasingly important for commercial parties engaged in cross border transactions to have certainty (i) as promisees (e.g. lenders) as to when their counterparties may legitimately avoid...more
10/7/2019
/ Affirmative Defenses ,
Borrowers ,
Breach of Contract ,
Civil Monetary Penalty ,
Contract Formation ,
Contract Negotiations ,
Contract Terms ,
Cross-Border Transactions ,
Default ,
Economic Sanctions ,
Extraterritoriality Rules ,
Foreign Policy ,
Lenders ,
Risk Management ,
Secondary Sanctions ,
UK
It is yet unclear if and when the House of Commons will again decide about the Withdrawal Agreement and whether the date for the UK leaving the EU will be changed. Under the current circumstances, a hard Brexit on 29 March...more
3/23/2019
/ Capital Requirements Regulation (CRR) ,
Corporate Taxes ,
CRD IV Directive ,
EU ,
EU-27 ,
European Commission ,
Financial Services Industry ,
Foreign Equivalency Determination ,
Foreign Tax ,
Germany ,
Grandfathering Rules ,
Income Tax Act ,
Insurance Industry ,
Investment Funds ,
Member State ,
MiFID II ,
MiFIR ,
No-Deal Brexit ,
Passporting ,
Proposed Legislation ,
PSD2 ,
Solvency II ,
Transitional Arrangements ,
UK ,
UK Brexit ,
Withdrawal Agreement
The House of Commons recently rejected the Withdrawal Agreement. While the UK Parliament is still debating how to leave the EU, a hard Brexit remains an option. To prepare for this possibility, the UK, EU Commission and EU27...more
2/11/2019
/ Article 50 Treaty of the EU ,
Banks ,
CRD IV Directive ,
Cross-Border Transactions ,
Equivalency Determinations ,
EU ,
EU Passport ,
European Commission ,
Financial Services Industry ,
Germany ,
Grandfathering Rules ,
Member State ,
MiFID II ,
MiFIR ,
No-Deal Brexit ,
Passporting ,
Proposed Amendments ,
Proposed Legislation ,
PSD2 ,
Reciprocity Rules ,
Solvency II ,
Subsidiaries ,
Transitional Arrangements ,
UK ,
UK Brexit ,
UK Parliament ,
Withdrawal Agreement
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow
It is easier than ever for...more
2/6/2019
/ Appellate Courts ,
Arbitration ,
Arbitration Awards ,
Belgium ,
Cross Examination ,
Debt ,
DIFC ,
Discovery ,
Dispute Resolution ,
Dubai ,
Dubai International Arbitration Center (DIAC) ,
Foreign Judgments ,
Forum Selection ,
France ,
Germany ,
Hong Kong ,
Interim Remedies ,
International Arbitration ,
International Litigation ,
Judges ,
Judicial Authority ,
Judicial Remedies ,
Judicial Review ,
Jurisdiction ,
Jury Trial ,
Litigation Fees & Costs ,
Oral Hearings ,
Privileged Documents ,
Right To Appeal ,
Russia ,
Singapore ,
Singapore International Commercial Court ,
Summary Judgment ,
Sweden ,
Switzerland ,
Third Party Funding ,
UK ,
United States ,
Witnesses ,
Young Lawyers
The EU (Withdrawal) Act 2018 requires Parliament to pass a motion approving the withdrawal agreement and the framework for the future relationship between the UK and the EU. This so-called 'meaningful vote' was due to take...more