On 1 July 2025, the Hague Convention of July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the “Convention”) came into force in the UK. The Convention allows civil and commercial...more
7/9/2025
/ Breach of Contract ,
Commercial Litigation ,
Cross-Border ,
Dispute Resolution ,
Enforcement ,
EU ,
Foreign Judgments ,
Hague Convention ,
International Trade ,
Jurisdiction ,
Member State ,
UK
English High Court determines that ratification of the New York Convention on the Recognition and Enforcement of Arbitral Awards does not constitute prior written agreement to waive sovereign immunity....more
The current worldwide focus on tariffs, paired with reciprocal tariffs from various affected states, is likely to have significant impact on the costs of cross-border trade. Businesses focused on importing and exporting goods...more
4/16/2025
/ Contract Disputes ,
Contract Drafting ,
Contract Terms ,
Dispute Resolution ,
Force Majeure Clause ,
International Trade ,
Investment ,
Popular ,
Risk Management ,
Supply Chain ,
Tariffs
As we begin 2025 and set our goals for the new year (realistic or unrealistic), we outline some of the significant English court rulings from 2024 and the key lessons they offer for the year ahead. In 2024, the courts...more
2/3/2025
/ Breach of Contract ,
Commercial Litigation ,
Contract Interpretation ,
Contract Terms ,
Cryptoassets ,
Cryptocurrency ,
Employment Contract ,
Employment Litigation ,
Force Majeure Clause ,
Fraud ,
Material Adverse Effects ,
Ponzi Scheme ,
Shareholders ,
Termination ,
Termination Rights ,
UK ,
UK Supreme Court
The English Court of Appeal has clarified the position regarding the interaction between the UK’s State Immunity Act 1978 (the SIA) and the Arbitration (International Investment Disputes) Act 1966 (the “1966 Act”) (which...more
The UK Supreme Court in RTI Ltd v MUR Shipping BV has unanimously held that, as a general point of principle, parties to a contract cannot be prevented from relying on a force majeure clause if they refuse to accept...more
The recent English Court of Appeal (CoA) decision in UniCredit v. RusChemAlliance has further highlighted the importance of specifying what law should govern an arbitration agreement, rather than an assumption that this would...more
On 23 October 2023, the English Commercial Court published its much-anticipated judgment in The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm). The Court found in favour of the...more
11/15/2023
/ Commercial Court ,
Disclosure ,
Foreign Arbitral Awards ,
ICSID ,
International Arbitration ,
New York Convention ,
Nigeria ,
Oil & Gas ,
Transparency ,
Tribunals ,
UNCITRAL
In the recent case of R (PACCAR Inc & ors.) v Competition Appeal Tribunal & ors [2023] UKSC 28, the UK Supreme Court found that litigation funding agreements (“LFAs”) involve the provision of “claim management services”,...more
In a recent decision, the English High Court has demonstrated its willingness to interpret contractual provisions broadly so as to enable performance in circumstances where the imposition of sanctions on a counterparty...more
The Singapore High Court recently ruled that a party to a Singapore law-governed contract was justified in relying on a sanctions clause in the contract to refuse payment to the counterparty in an effort to avoid breaching...more
This year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic. As 2021 draws to a close, we round up the key events and developments from the year in...more
12/21/2021
/ Anti-Corruption ,
Arbitration ,
Bribery ,
Business Interruption ,
Commercial Litigation ,
Coronavirus/COVID-19 ,
DPA ,
Duty of Care ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Google ,
Hague Convention ,
Human Rights ,
International Chamber of Commerce (ICC) ,
Opt-Outs ,
Popular ,
Sanctions ,
Tribunals ,
UK ,
UK Brexit ,
UK Supreme Court
On 12 February 2021, the Supreme Court handed down judgment in the high profile case of Okpabi v Shell, in which it allowed a jurisdictional appeal relating to group claims brought by claimants against a UK domiciled parent...more
2/23/2021
/ Appeals ,
Duty of Care ,
Human Rights ,
Jurisdiction ,
Multinationals ,
Oil Spills ,
Parent Corporation ,
Pipelines ,
Subsidiaries ,
UK ,
UK Supreme Court
The International Chamber of Commerce (the ICC) has hit the ground running in the new year with its 2021 Arbitration Rules (the 2021 Rules), which came into force on and apply to cases filed from 1 January 2021. The 2021...more
On 11 December 2020, the UK Supreme Court handed down its highly anticipated judgment in the case of Mastercard v Merricks. The case concerned the certification procedure for US-style ‘opt-out’ collective (class action)...more
The High Court’s recent judgment[1] in a test case brought by the Financial Conduct Authority (“FCA”) in relation to certain non-damage business interruption (“BI”) insurance policies found that most (but not all) of the...more
The relationship between a business and its auditor often requires privileged material to be passed to the auditor to enable it to properly understand the financial risks to the business of existing and potential litigation....more
On 11 August 2020, the London Court of International Arbitration (the LCIA) published its long-awaited updates to its Arbitration Rules and Mediation Rules (the New Rules). The updates, which the president of the LCIA said...more
8/19/2020
/ Arbitration ,
Emergency Arbitration Provisions ,
Expedited Actions Process ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
LCIA ,
Mediation ,
New Rules ,
Remote Hearings ,
SCC ,
SIAC
Under English law, it’s clear that the key issue will be to understand and apply the specific terms of each contract, with the English courts looking to interpret contractual clauses by initially considering the natural and...more
On 10 January 2020, updates to the UK anti-money laundering and counter-terrorist financing (together “AML”) laws come into force that bring the UK in line with international standards set by the Financial Action Task Force...more
In its August 6, 2019, judgment in Lomax v Lomax [2019] EWHC 1467, the English Court of Appeal (“CA”) reversed a High Court decision holding that the courts lack the power to compel parties to engage in early neutral...more