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United Kingdom Supreme Court Clarifies When Court Proceedings Will Be Stayed in Favour of Arbitration

The U.K. Supreme Court has recently clarified the English courts’ power under Section 9 of the Arbitration Act 1996 (“Section 9”) to stay proceedings which are properly the subject of an arbitration agreement....more

US, EU And UK Maintain Pressure Through Russia Sanctions

Over a year has now passed since Russia invaded Ukraine, and the U.S., the EU and its member states, the U.K., and many others—including Japan, Australia, New Zealand, Taiwan and Canada—continue to exert pressure on Russia...more

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more

When Push Comes to Shove: U.K. Supreme Court Confirms that Third-Party Push Payment Fraud is not Covered by Quincecare Duty

Authorised push payment (“APP”) fraud allegations involve a third-party bad actor fraudulently inducing a bank customer to give authorised instructions to their bank to make a payment to the third-party (or someone connected...more

Hong Kong Court Applies Enka v Chubb in Determining the Governing Law of Dispute Resolution Clause

The Court of First Instance in Hong Kong has adopted the English law principles for determining the governing law of dispute resolution clauses, such as arbitration clauses, in a recent judgment (China Railway v Chung Kin...more

Show me the Cryptocurrency: English High Court Grants Novel Information Orders Against Crypto Exchanges

The High Court has once again grappled with novel issues raised by disputes concerning cryptoassets, this time in the context of an interim application for information orders....more

Unsanctioned Payments: Overcoming Force Majeure Through Non-Contractual Performance

In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more

Keeping the Faith: English Court of Appeal Considers Contractual Good Faith Provision in Shareholder Agreement

The English law concerning contractual duties of good faith (express and implied) has received considerable judicial attention in recent years. It will therefore be of interest to those who use English law contracts,...more

Directors’ Duties in an Insolvency Context: Where Creditor and Shareholder Interests Collide

UK Supreme Court gives important judgment on directors’ “creditor duty” The UK Supreme Court in BTI 2014 LLC v Sequana SA and ors [2022] UKSC 25 has given an important judgment clarifying the nature of the so-called “creditor...more

US, EU And UK Increase Pressure on Russia with Further Sanctions

Since late February 2022, the United States (U.S.), the European Union (EU) and its member states, the United Kingdom (U.K.), and many others—including Japan, Australia, New Zealand, Taiwan and Canada—have imposed sweeping...more

English High Court provides important clarification of Banks’ ‘Quincecare Duty’

The so-called ‘Quincecare duty’ has received heightened attention in the English courts in recent years. The duty requires a bank not to execute a customer’s payment instructions where, and for so long as, the bank has...more

US, EU And UK Expand Russian Sanctions Amid Ongoing Ukraine Conflict

Since late February 2022, the United States (U.S.), the European Union (EU) and its member states, the United Kingdom (U.K.), and many others — including Japan, Australia, New Zealand, Taiwan and Canada — have imposed...more

US, EU and UK Target Russia with New Sanctions as Ukraine Invasion Escalates

Since late February 2022, the United States (U.S.), the European Union (EU) and its member states, the United Kingdom (U.K.), and many others—including Japan, Australia, New Zealand, Taiwan and Canada—have imposed sweeping...more

Sweeping New Sanctions: US, EU, UK and Other Countries Target Russia for Ukraine Invasion

Over the past week, the United States, the European Union and its member states, the United Kingdom, and several other countries have imposed rounds of sweeping new sanctions on Russia in response to its invasion of Ukraine....more

English Court of Appeal Clarifies Threshold for Raising ‘Off-Setting’ Defences in Competition and Other Breach of Duty Claims

The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis concerned an appeal against a successful application to strike out an off-setting defence to a competition damages claim. It is an important...more

UK Litigation Review 2021

Welcome to the second edition of the UK Litigation Review—an annual publication focused on outcomes, trends and developments in civil litigation over the past year of relevance to both practitioners and clients. This...more

Kabab-Ji SAL v Kout Food Group: Latest UK Supreme Court Judgment on Governing Law of Arbitration Agreements

The U.K. Supreme Court recently handed down its long-awaited judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait). The judgment confirmed and applied the principles concerning the governing law of arbitration...more

UK Litigation Review 2020

This is the first edition of UK Litigation Review—an annual publication focused on outcomes, trends and developments in civil litigation over the past year of relevance to both practitioners and clients. This publication...more

UK Supreme Court Clarifies Key Issues for English Seated Arbitrations

The Supreme Court has given judgment in the case of Enka Insaat ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, giving important guidance on the determination of the proper law of an arbitration agreement and...more

10/12/2020  /  Corporate Counsel , UK , UK Supreme Court

Court of Appeal Clarifies Important Issues Regarding Arbitration in London

The English Court of Appeal has granted an anti-suit injunction in favour of our client ENKA Insaat ve Sanayi AS restraining an entity in the Chubb insurance group from pursuing proceedings commenced in the Russian courts in...more

Court of Appeal Gives Important New Guidance on Legal Advice Privilege

In a judgment handed down this week, The Civil Aviation Authority v Jet2.Com Ltd [2020] EWCA Civ 35, the Court of Appeal has given important new guidance on a number of issues that arise as to the scope of Legal Advice...more

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