On 1 October 2020, the London Court of International Arbitration (LCIA) implemented its newly promulgated and updated rules, seeking to improve and expedite its international commercial arbitration proceedings....more
A recent Court of Appeal case has clarified the circumstances in which the English Courts have the power to assist arbitrations in other jurisdictions in obtaining evidence from a non-party witness.
Background -
A...more
Claimants must satisfy a three-part test to establish the jurisdiction of the English Courts, according to the decision in Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV and others [2019] EWCA Civ 10, a case...more
In July 2018, the U.K. Ministry of Justice (MoJ) published its initial assessment of the post-implementation review (PIR) of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which is currently...more
Questions on conflict of laws can be fiendishly difficult to decipher. When the U.K. Supreme Court rules on this topic, it is important to take note....more
A weapon of value to litigants in England is the ability to seek disclosure of documents from a likely party to litigation before proceedings begin. The benefits of such disclosure are numerous; the applicant can obtain...more
In Petter v EMC Corporation [2015] EWCA Civ 828, a U.K. subsidiary and its U.S. parent company were prevented by the English courts from continuing non-compete proceedings against an employee in the court of Massachusetts....more
In the recent football case of Bony v Kacou & Ors [2017 EWHC 2146 (Ch)], the High Court was asked to consider whether an arbitration agreement would be implied into a contract.
The FA Rules of Association -
The Football...more
Serving judicial and extrajudicial documents abroad involves a complex patchwork of domestic legislation and international treaties. The recent High Court judgment in Marashen Limited v Kenvett Limited and Dmitry Ivanchenko...more
Heralded as the new dawn for private competition litigation, the Consumer Rights Act 2015 introduced a procedural mechanism for collective proceedings — “class actions” — in the U.K. However, to date, only two applications...more
Enforcing judgments expeditiously across borders is critical for multinational businesses. It is important to understand whether cross-border enforcement is practicable before pursuing proceedings.
The EU has legislation...more
Reform and innovation continue to be at the forefront of judicial thinking on maintaining the position of England and Wales as the premier jurisdiction for dispute resolution, as demonstrated by three recent and proposed...more
The International Chamber of Commerce (ICC) has responded to in-house counsel and private practice’s concerns that international arbitration has become slower, more costly and opaque with the publication of its updated...more
The English Commercial Court (the Court) has ruled that it does not have the power to make an order for preservation and disclosure of evidence against a non-party to an arbitration agreement. Accordingly, it cannot grant...more
2016 will be recorded in history as a year of great political change. But the commercial consequences of such transformation (good or bad) will be felt this year, including the effects of: the inauguration of Mr Trump as...more
Despite the uncertainty following the British referendum on 23 June 2016, when the United Kingdom voted to leave the European Union, one area is not expected to change and in all likelihood will flourish. London has long been...more