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Top EU Court Clarifies Anti-US Sanctions “Blocking Statute”

The court explains how the controversial EU law operates to bar EU persons from complying with US sanctions on Iran and Cuba. On 21 December 2021, the Court of Justice of the European Union (CJEU) released its long-awaited...more

UK Introduces New Global Anti-Corruption Sanctions Regime

The regulations will enable the UK government to impose sanctions in response to serious corruption around the world. On 26 April 2021, the United Kingdom implemented the Global Anti-Corruption Sanctions Regulations 2021 (the...more

New UK Sanctions and Export Controls Rules – Top 10 Takeaways

The new rules are set to go in effect when the UK leaves the European Union on 31 December at 11 p.m. GMT. The United Kingdom’s transition period for withdrawing from the European Union is scheduled to end on 31 December...more

UK Adopts Sanctions to Target Belarus Government Officials

The UK imposes travel bans and financial sanctions on eight Belarusian officials - including Belarus’ President. On 29 September 2020, the United Kingdom imposed sanctions on eight Belarusian officials it considers to have...more

US Trade Controls Against China Reach Supply Chain and End-Use Targets and Activities

Supply chain, end use, and human rights–related sanctions, export controls, and Entity List designations target public and private entities in China. Human rights–related designations - The US government has...more

UK Introduces Sanctions Regime Targeting Global Human Rights Offenders

The regulations will enable the UK government to sanction persons “involved” in human rights abuses — potentially anywhere in the world. On 6 July 2020, the UK Foreign Secretary announced the introduction of the Global...more

Court of Appeal Excuses Non-Payment Arising From Secondary Sanctions Concerns

The Court of Appeal decision, which considered standard form wording and the “mandatory” nature of US sanctions laws, upholds a High Court ruling exempting a borrower’s non-payment of interest, albeit on different...more

Court of Appeal Can Compel a Non-Party to an Arbitration Agreement to Provide Evidence

A new decision signals the Court’s readiness to interpret section 44(2)(a) of the Arbitration Act 1996 broadly. In A and B v C, D and E (Taking evidence for a foreign seated arbitration), the Court of Appeal unanimously...more

UK Sanctions Authority Issues Record Penalty for Russia-Related Sanctions Violations

The penalty reflects the increasingly active approach in the UK to the enforcement of sanctions breaches. The UK’s financial sanctions regulator, HM Treasury’s Office of Financial Sanctions Implementation (OFSI), has...more

English High Court Confirms Costs Award Part and Parcel of Substantive Award

The Court’s ruling supports the general principle that costs follow the event. In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English...more

Payment of Interest on Arbitration Award to Sanctioned Iranian Entity Prohibited

In a geopolitically significant case, the English High Court opined on important provisions of the EU sanctions regime. The judgment of the English High Court in Ministry of Defence & Support for Armed Forces of the...more

A New Global Regime for Cross-Border Enforcement of Civil and Commercial Judgments

The 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters offers certainty in cross-border enforcement of judgments. On 2 July 2019, the Hague Conference on Private...more

US Expands Venezuela Sanctions: Three Key Questions Answered

New restrictions prohibit dealings between US persons and the Government of Venezuela. On August 5, 2019, President Trump issued Executive Order (E.O.) 13884, entitled “Blocking the Property of the Government of...more

Enforcement of an Award Adjourned Against a Non-Party to an Arbitration Agreement

Parties should avoid uncertainties by stipulating the applicable law to the arbitration agreement. The decision in J (Lebanon) v. K (Kuwait) provides a useful analysis of which law (i.e., the law of the arbitration...more

US Commerce Department Imposes Broad Export Control Restrictions on Huawei

BIS designates Huawei Technologies Co., Ltd. and certain of its affiliates to the Entity List, restricting their ability to receive US products, software, and technology. On May 16, 2019, the US Commerce Department’s...more

OFAC’s 5 Essential Components of an Effective Sanctions Compliance Program

OFAC outlines baseline considerations for evaluating a risk-based sanctions compliance program. On May 2, 2019, the US Treasury Department’s Office of Foreign Assets Control (OFAC) published A Framework for OFAC Compliance...more

10 Things to Know: US Allows Lawsuits Relating to “Trafficking” in Confiscated Property in Cuba

Trump Administration breaks with precedent to allow US plaintiffs to bring “trafficking” suits under Title III of the Helms-Burton Act. Title III of the Helms-Burton Act (the Cuban Liberty and Democratic Solidarity...more

Arbitration Without An Express Arbitration Clause

Arbitral tribunal had jurisdiction despite the lack of an express arbitration clause. In Sonact Group Limited v Premuda Spa [2018] EWHC 3820, the English High Court confirmed that an arbitral tribunal had jurisdiction over...more

Service of Proceedings on a Foreign State is Mandatory

An arbitration award cannot be enforced in England against a foreign State without serving the proceedings on that State through the diplomatic channels. In General Dynamics UK Ltd v Libya [2019] EWHC 64 (Comm), Males LJ,...more

English Court of Appeal Upholds an Extension of Time to Commence Arbitration

The Court allows an application to extend time for bringing arbitration proceedings under section 12(3) of the Arbitration Act 1996. In the recent case of Haven Insurance Company Limited v EUI Limited (T/A Elephant...more

Top 10 Things to Know About Expanded US Sanctions on Iran

Withdrawal from the Iran nuclear agreement triggers full implementation of US sanctions, including threat of “secondary” sanctions on non-US persons dealing with Iran. As reported in the Latham Client Alert dated May 10,...more

English High Court Confirms the Strict Duty of Full and Frank Disclosure

English High Court confirms that without notice applicants are under an onerous duty to satisfy the requirement of full and frank disclosure. In the recent cases of Fundo Soberano de Angola & ors v. Jose Filomeno dos...more

EU Responds to the Snap-Back of US Sanctions Against Iran: Between a Rock and a Hard Place

In light of the EU’s recent amendments to its long-standing blocking measure, EU operators will need to weigh the consequences of failing to comply with their contradicting obligations under US and EU law. How has the EU...more

English Court Issues Anti-Arbitration Injunction Restraining Lebanese Arbitration Proceedings

Judgment clarifies the exceptional circumstances in which anti-arbitration injunctions against foreign-seated arbitrations might be granted. In Sabbagh v Khoury, Justice Knowles in the High Court issued an anti-arbitration...more

English Court Cannot Issue Anti-Suit Injunctions Restraining Other EU Court Proceedings

Judgement clarifies that the Brussels Recast Regulation does not reverse the West Tankers decision. In Nori Holdings v Bank Otkritie, Justice Males in the High Court issued an anti-suit injunction to restrain court...more

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