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Overview of Policy Barriers to Recycling of Critical Raw Materials

With the entering into force of the European Union’s (“EU”) Critical Raw Materials Act (“CRMA”), the memorandum of understanding between the EU and Serbia and the European Bank for Reconstruction and Development (“EBRD”) and...more

UK Critical Minerals Strategy: Lessons from the US

Reliable supplies of critical raw materials are essential for the green transition and to ensure the competitiveness of key national industries. The Inflation Reduction Act (IRA) in the US and the European Union’s Critical...more

Guide to Arbitral Institutions and the Seat of Arbitration in London

When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the first of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Not So Fast: Congress Doubles Statute of Limitations Period for U.S. Sanctions Violations in Foreign Aid Bill

Following months of delays and intense debate in Congress, President Biden signed H.R. 815 into law on April 24, 2024, which made headlines for funding $95 billion in military aid to Ukraine, Israel, and Taiwan, along with...more

The United Kingdom Announces Its Intention to Withdraw From the Energy Charter Treaty

On 22 February 2024, the UK government confirmed the UK’s withdrawal from the Energy Charter Treaty (ECT), blaming a failure of efforts to modernise the treaty and align it with net zero aims. The UK joins nine EU member...more

Key 2024 Arbitration Trends In A Changing World

2023 was another year of change brought by global factors, such as the Russia-Ukraine war, the rising trend of protectionism, the continued and increased disruption to supply chains, and inflation — all factors that are set...more

The UK Issues Ultimatum on the Energy Charter Treaty: What's Next?

The UK has announced that it will review its membership of the Energy Charter Treaty (the “ECT” or “Treaty”) if there is no agreement on modernisation by November 2023. This announcement comes after a second vote on...more

Arbitration Act Reforms and the Governing Law of Arbitration Agreements – A Welcome Clarification?

On 6 September 2023, the Law Commission of England and Wales published its final report recommending some limited reforms to the Arbitration Act 1996 (“the Arbitration Act”).1 This final report follows a lengthy review...more

The UK to Sign The Singapore Convention — The New “New York Convention” for Mediation?

On 2 March 2023, the UK Ministry of Justice (“MoJ”) announced its decision to join the Singapore Convention on Mediation. The United Nations Convention on International Settlement Agreements Resulting from Mediation (or...more

English Court Guidance on the UK’s Paris Agreement Obligations

The English Court of Appeal has provided guidance on how the UK’s Paris Agreement commitments impact certain investment decisions. The Court rejected an application by Friends of the Earth (“FoE”) for judicial review of...more

Pivotal Year for Deep-sea Mining

Sixty years after the discovery of polymetallic nodules and thirty years after the establishment of the International Seabed Authority (“ISA”), deep-sea mining could be licensed as early as July 2023. The ISA is expected to...more

Routes To Relief On Both Sides Of The Atlantic – Frustration And Force Majeure Under US And English Law

COVID-19 presents a unique and, for most parties, unprecedented challenge – a pandemic that has resulted in a global public health crisis and significant restrictions on global trade and labor, the repercussions of which...more

Joint Operating Agreements – High Court Finds Express Contractual Right To Remove Operator At Will Is ‘Absolute’

In a recent decision, TAQA Bratani Limited & Ors v RockRose UKCS8 LLC [2020] EWHC 58 (Comm), the English High Court held that an express contractual right in a joint operating agreement for non-operators to remove the...more

MPB V LGK – English High Court Dismisses Jurisdictional Challenge To Arbitral Award: Beware Standard Terms And Conditions

In the case of MPB v LGK [2020] EWHC 90 (TCC), the High Court dismissed an application to set aside an arbitration award on jurisdiction on the grounds that there was no arbitration agreement between the parties, and the...more

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