News & Analysis as of

Commercial Contracts Arbitration United Kingdom

Latham & Watkins LLP

Arbitration or Winding-Up? Privy Council Decision in Sian Participation Corp v. Halimeda Overrules Traditional English Approach

Latham & Watkins LLP on

The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds....more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

K&L Gates LLP

The Commercial Court of England and Wales Outlines Limitations under English law on the Doctrine of Separability in Respect to...

K&L Gates LLP on

The Commercial Court of England and Wales has outlined limitations of the doctrine of “separability,” i.e., the notion that an arbitration agreement within a commercial contract is distinct from the main contract itself, in a...more

Latham & Watkins LLP

Successfully Tackling LIBOR Phase-Out in International Arbitration

Latham & Watkins LLP on

The discontinuation of LIBOR in 2022 may pose a risk to arbitration proceedings. Preparation is key to a smooth transition. Key Points: ..LIBOR, which is widely used in financial transactions and is embedded in many...more

Morgan Lewis

Brexit: Implications for Commercial Contracts and Investments in the UK

Morgan Lewis on

The commercial and legal landscape in the United Kingdom is likely to experience considerable change as a result of Brexit. Its potential impacts have been widely discussed in recent months and years, and will include those...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review – England & Wales

Latham & Watkins LLP on

Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framework for the cost-effective...more

Latham & Watkins LLP

Arbitration and the Courts – A Question of Balance

Latham & Watkins LLP on

Lord Thomas has delivered a speech calling for the relationship between arbitration and the courts in England and Wales to be rebalanced. This has elicited strong responses from prominent members of the arbitration community,...more

Pillsbury Winthrop Shaw Pittman LLP

About that English Law and Arbitration Clause: Consider enforcement implications before signing

As is frequently seen in international commercial contracts, parties with no operations or other relationship to England or the United Kingdom specify English law as controlling, with a clause providing for arbitration of...more

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