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The Enforceability of Anti-Oral Variation Clauses

A recent ruling sets a precedent that no longer allows a contractual clause that purports to preclude variation other than in writing to be regarded as uniformly enforceable. In a recent case concerning the breach of an...more

Notification Injunction to Protect Against Dissipation of Assets

A possible alternative to the freezing injunction. A judgment has recently provided helpful guidance on a creative form of injunction. The “notification order” compels a defendant to give notice to the claimant before...more

6/29/2016  /  Asset Freeze , Injunctions , UK

English Court Approves Use of Predictive Coding

The English High Court recently permitted a party to use predictive coding technology in a contested application. Only a few months ago in Pyrrho Investments Ltd and another v MWB Property Ltd and others (2016) EWHC...more

English High Court Rejects Challenge to Arbitral Award on Basis of Apparent Bias

A recent case raised an interesting issue regarding the relationship between English law, which suggested there was no apparent bias, and the International Bar Association Guidelines on Conflicts of Interest in International...more

LCIA Publishes Analysis of Average LCIA Arbitration Costs and Duration

LCIA’s analysis includes a comparison of its arbitration costs against corresponding amounts for ICC, SIAC, and HKIAC proceedings. On 3 November, the London Court of International Arbitration (LCIA) published a...more

Hague Convention Choice of Court Agreements to Take Effect in October

The Hague Convention could save time and expense on jurisdictional disputes and aims to streamline cross-border enforcement. On 11 June, the Latvian presidency, on behalf of 27 of the 28 European Union (EU) member...more

European Account Preservation Orders: A New Method for Debt Recovery

The European Union has introduced a new procedure to facilitate cross-border debt recovery, which aims to preserve funds and recover bad debt....more

7/9/2014  /  Cross-Border , Debt Collection , EU

Dubai Establishes New Dispute Settlement Authority

The new authority is intended as a "one-stop shop" for litigation and arbitration in the region. On 28 May, His Highness Sheikh Mohammed bin Rashid Al Maktoum announced the amendment of Dubai Law No. 9 2004 (which...more

UK Government Considers Curtailing Trespass Laws in Favour of Fracking

Following a change to planning laws that was welcomed by developers, government shows signs of promoting shale gas extraction operations in the UK. The UK government has announced that it is reviewing the existing...more

2/7/2014  /  Fracking , Shale Gas , Trespass , UK

UK Government Steps Up Antibribery Enforcement

Recent actions by the Serious Fraud Office and Financial Conduct Authority indicate an increased focus on addressing allegations of bribery and corruption. It is clear that, in the wake of the Bribery Act 2010, the UK...more

Deferred Prosecution Agreements to Be Introduced in the UK

Beginning in February 2014, the agreements may be used as a sentencing tool for corporate bribery, fraud, and other economic crimes. Under the UK Crime and Courts Act 2013, which received royal assent in April,...more

UK Government Announces Changes to Bribery Regime

Recent strategy paper sets out a new institutional structure for investigating bribery and proposes a reporting mechanism carrying financial incentives for whistleblowers. On 7 October, as part of its strategy document...more

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