In Sabbagh v. Khoury [2019] EWCA Civ. 1219, the English Court of Appeal has held that English courts have the power, in “exceptional cases”, to grant anti-arbitration injunctions to restrain an arbitration seated abroad—even...more
Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more
6/7/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Contract Disputes ,
Corporate Counsel ,
EU ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
FRCP 23(b)(3) ,
Injunctions ,
Member State ,
Negligence ,
Notice Requirements ,
Putative Class Actions
• A U.S.-style class action regime looms large in the European Union.
• The current draft legislation imports certain hallmarks of the system celebrated by U.S. plaintiffs’ lawyers, but there is uncertainty over what...more
6/5/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Collective Redress ,
EU ,
European Parliament ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Frivolous Lawsuits ,
Injunctions ,
Member State ,
Multinationals ,
Proposed Legislation
• The International Court of Arbitration (the “Court”) of the ICC has published a Note to Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the “Note” or the “2019 Note”)...more
2/22/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Commercial Arbitration ,
Data Protection ,
Disclosure Requirements ,
Duty to Disclose ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Investor-State Arbitration ,
Transparency ,
Tribunals
• In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel manifestly disregarded the law. The Appellate Division...more
2/4/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Breach of Contract ,
Corporate Counsel ,
Fraudulent Inducement ,
International Arbitration ,
Manifest Disregard ,
Motion to Vacate ,
Reinstatement ,
Rescission
In December 2018 the “Prague Rules” were released, providing users of international arbitration with suggested streamlined procedures aimed at increasing speed and reducing cost. It is intended that this will be achieved...more
In a recent important decision for arbitrations seated in England, the English Court of Appeal has, for the first time, considered the scope of arbitrators’ duty of disclosure. The court in Halliburton v. Chubb found that the...more
In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more
3/13/2018
/ Anti-Bribery ,
Bribery ,
Corporate Counsel ,
Corporate Liability ,
Criminal Convictions ,
Criminal Liability ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Jury Verdicts ,
National Crime Agency (NCA) ,
Policies and Procedures ,
Section 7 ,
Self-Reporting ,
UK ,
UK Bribery Act
In a keynote address at the London Anti-Corruption Summit, Prime Minister David Cameron raised the possibility of new U.K. legislation to make corporations liable for “failure to prevent” fraud or money-laundering offenses...more
In a busy week for the Serious Fraud Office (SFO), the United Kingdom’s antibribery prosecutor, it has announced its first-ever deferred prosecution agreement (DPA) for bribery offences and the first guilty plea under the...more
In a busy week for the Serious Fraud Office (SFO), the United Kingdom’s antibribery prosecutor, it has announced its first-ever deferred prosecution agreement (DPA) for bribery offences and the first guilty plea under the...more