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UK Law Commission Publishes Final Recommendations for Arbitration Act 1996 Reform

The UK Law Commission’s review of the Arbitration Act 1996 has concluded with the publication of its final recommendations. The final recommendations present a welcome set of practical changes that fine-tune legislation that...more

UK Law Commission Publishes Second Consultation Paper for Review of Arbitration Act 1996

The comment period for the UK Law Commission’s most recent review of the Arbitration Act 1996 is now open—the Commission seeks comments on such topics as choice of law, Section 67 award challenges, and potential arbitrator...more

Manifest Error: Narrow ‘Howler’ Interpretation Maintained by UK Supreme Court

In Sara & Hossein Asset Holdings Limited v. Blacks Outdoor Retail Limited, the UK Supreme Court confirmed that the term “manifest error” should be construed narrowly. The case concerns a “conclusive certification” clause in...more

United Kingdom to Sign Singapore Convention on Mediation

Following a consultation, the UK government announced it will sign the Singapore Convention, thereby renewing its commitment to international commercial mediation and the United Kingdom’s position as a world-leading center...more

London Court of International Arbitration Is Granted Exemption from Russia and Belarus Sanctions

The United Kingdom’s Office of Financial Sanctions Implementation (OFSI) has granted the London Court of International Arbitration (LCIA) a General Licence allowing it to process payments from designated parties (DPs) who are...more

UK Law Commission Publishes Consultation Paper for Review of Arbitration Act 1996

The UK Law Commission is currently undertaking a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales, and Northern Ireland, to ensure it is as “clear, modern, and efficient...more

UK Law Commission to Review Arbitration Act 1996

The UK Law Commission has announced that it will carry out a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales, and Northern Ireland. The Law Commission has stated that its...more

Latest Changes to Disclosure Pilot Scheme in the Business and Property Courts of England and Wales

Over the last 18 months, the Business and Property Courts of England and Wales have been running the Disclosure Pilot Scheme. Since its inception, this scheme has undergone a series of tweaks and amendments and the latest...more

UK High Court Imposes Custodial Sentence for Contempt

In XL Insurance Company SE v. IPORS Underwriting Ltd, Paul Alan Corcoran & Others [2021] EWHC 1407 (Comm), Mrs. Justice Cockerill DBE imposed an immediate maximum sentence of two years’ imprisonment following an application...more

UK Supreme Court Establishes Test to Determine Governing Law of Arbitration Agreements

The Court’s 9 October decision in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company Chubb” (Chubb) not only ends the uncertainly that parties faced in this important question, but is also a call to action to adapt...more

English Court of Appeal Clarifies Test for Governing Law of Arbitration Agreements

In April 2020 and following an inconsistent approach by the English courts to the question of which law governs an arbitration agreement, the English Court of Appeal held in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company...more

ICC Issues Guidance on Possible Measures to Mitigate Effects of COVID-19

In light of the ongoing coronavirus (COVID-19) pandemic, the ICC on April 9 released a guidance highlighting a number of measures that parties, counsel, and tribunal members can take in order to avoid extensive disruption to...more

COVID-19: UK Civil Dispute Resolution Continues – Status Update – 30 March

A number of updates to the arrangements in the English and Welsh Courts have been made since our last update on 26 March, including the expanded use of video and audio conferencing. Court Openings HM Courts & Tribunals...more

COVID-19: UK Civil Dispute Resolution Continues — Status Update

Despite the coronavirus (COVID-19) pandemic, dispute resolution carries on. Read on for a summary of the current (as of 26 March) arrangements in English and Welsh courts, two of the main arbitration institutions, one of the...more

English Court of Appeal Considers Test for Legal Advice Privilege

In Civil Aviation Authority v. R (on the Application of Jet2.com Ltd.), the English Court of Appeal clarified the test for legal advice privilege, confirming the need to show that the dominant purpose of the relevant...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

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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