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Pharma and Biotech: Key Trends and Legal Risks

How to thrive amid uncertainty? This was the question we explored at the 35th FT Global Pharmaceutical and Biotechnology Conference. Here are five key industry trends and corresponding practical legal tips to help companies...more

Break Fees Can Cause Broken M&A Deals

Given ongoing competition between buyers in a strong sellers’ market, the resilience of seller break fees as a feature of the European M&A market is surprising. According to the Latham & Watkins 2017 European Private M&A...more

No Serious Irregularity in Arbitral Award for Failure to Take Account of Evidence

The English High Court recently dismissed a challenge to an arbitral award, holding that the tribunal’s alleged failure to take account of evidence did not amount to a serious irregularity under section 68 of the Arbitration...more

Further Disclosure? Yes, but Not at Any Cost

In very broad terms, parties to English litigation disclose documents that they or their opponents may want to rely upon — even if the disclosed documents are adverse to the disclosing party. Parties may seek orders for...more

How Will Court of Appeal Decision in Sabbagh v Khoury and others Affect Future Article 6(1) Cases?

The Brussels Regulation provides for an exception to the general rule that a claimant must sue a defendant in the EU Member State where the defendant is domiciled. The exception allows a claimant to sue a defendant where a...more

High Court Willing to Set Aside Arbitral Awards on Public Policy Grounds

On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial...more

International Arbitration Newsletter - May 2017

On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more

Reserving Privilege for the Few: The High Court Confirms the Narrow Interpretation of “Client” for the Purposes of Legal Advice...

Following Three Rivers (No 5) [2003] EWCA Civ 474, the High Court has held that notes of interviews of employees, prepared as part of certain internal investigations by a bank’s solicitors, for the purpose of enabling the...more

Pyrrho Investments Ltd v MWB Property Ltd: A Landmark Decision on Predictive Coding in e-Discovery

Anyone engaged or interested in the electronic disclosure process should pay close attention to the landmark decision handed down earlier this year by the English High Court in Pyrrho Investments Ltd v MWB Property Ltd...more

International Arbitration Newsletter - July 2016

Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

Arbitral Awards Based on Penalty Clauses: Enforceable?

A recent English High Court decision suggests that some such awards may be enforceable notwithstanding the rule against penalties. In Pencil Hill Limited v US Citta di Palermo S.p.A., the English High Court enforced an...more

What Makes a Multi-tiered Dispute Resolution Clause Enforceable?

A recent High Court decision serves as a reminder that multi-tiered dispute resolution clauses are not necessarily enforceable, and provides insight into key drafting points. Overview - Multi-tiered dispute...more

Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015

One of the relatively unsung success stories of the European Union (and its predecessors) is its experiment in judicial co-operation. The first major component of this experiment was the 1968 Brussels Convention on...more

Change to Rules of Service Out of the United Kingdom Following the Recast Brussels Regulation

Introduction - Regulation 44/2001 (the “Original Brussels Regulation”), which aimed to harmonise the approach to jurisdiction and the recognition and enforcement of judgments across European Union Member States’...more

Dispute Resolution Clause in Settlement Agreement Supersedes the Underlying Agreement

Monde Petroleum SA v Westernzagros Ltd [2015] EWHC 67 (Comm) - In 2006, WesternZagros Ltd (WZL), an oil and gas company incorporated in Cyprus, entered into a consultancy agreement with Monde Petroleum SA (Monde), a...more

International Arbitration Newsletter - February 2015

In this Issue: - Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015 - International Energy Charter Signals New Global Cooperation in the Energy...more

4 Elements to Improve Enforceability of a Multi-tiered Dispute Resolution Clause

The English High Court decision in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited offers guidance. Why this case is important - Multi-tiered or dispute escalation clauses are an important...more

Reconsidering Repudiations of Contracts: Recent Developments

A repudiation of a contract is a breach of contract by one party that is sufficiently serious to entitle the other party to treat the contract as terminated with immediate effect and to sue for damages. An innocent party,...more

Disclosure v. Blocking Statutes

The recent decision in Secretary of State for Health and others v Servier Laboratories Ltd and others;; National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234, concerned an appeal by two...more

12/19/2013  /  Blocking Statutes , Disclosure , UK

Good News for Agents, but be Aware

Introduction - In Torre Asset Funding Ltd v Royal Bank of Scotland Plc [2013] EWHC 2670 (Ch), the claimant (“Torre”) was a lender in a financing structure which included super senior, senior, senior mezzanine, junior...more

12/19/2013  /  Agents , Default , Lenders , Royal Bank of Scotland , UK
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