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Proskauer Rose LLP

UK Tax Round Up - June 2024

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Welcome to the June edition of the UK Tax Round Up. This month features the latest Court of Appeal decision in a trilogy of recent cases regarding the loan relationship “unallowable purpose” test, an Upper Tribunal decision...more

Jenner & Block

Client Alert: Navigating GDPR Transparency: Insights from the Upper Tribunal in the Appeal Against Experian

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In a recent decision, the Upper Tribunal dismissed an appeal by the UK Information Commissioner, finding that Experian’s data processing practices had in fact been lawful. The appeal focussed on whether Experian had...more

Harris Beach PLLC

Second Circuit weighs in on discovery "for use" in foreign litigation

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Section 1782 of Title 28 of the United States Code permits a federal district court, “upon the application of any interested person,” to order a person within its jurisdiction “to produce a document or other thing for use in...more

Faegre Drinker Biddle & Reath LLP

The Czech Republic v Diag Human SE and Josef Stava: Permission to Appeal Refused

In a recent decision, the Court of Appeal refused an application for permission to appeal a decision of the High Court concerning section 70(7) of the Arbitration Act 1996 (Act). This section states that the court has...more

Cozen O'Connor

Rogers-Shaw-Videotron Deal Will Increase Competition, Tribunal Finds

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The Rogers Communications Inc. deal to buy Shaw Communications Inc. after Shaw sells its Freedom Mobile business to Videotron Ltd. will increase competition, Canada's Competition Tribunal found....more

Cozen O'Connor

Commissioner’s Appeal of Rogers-Shaw Decision Likely to Fail

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The Canadian Commissioner of Competition’s appeal from a decision of the Competition Tribunal allowing the Rogers-Shaw-Videotron deal to go ahead is likely to fail. On New Year’s Eve, the Competition Tribunal dismissed the...more

Conyers

The English Arbitration Act Consultation Paper: A BVI Lens

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On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more

Proskauer Rose LLP

UK Tax Round Up

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Welcome to the August edition of the UK Tax Round Up. August turned out to be not such a quiet month on the UK tax front. We have seen several important and technical case law decisions, some of which we discuss below, and...more

Bradley Arant Boult Cummings LLP

United States Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

What did the Court decide? The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign”...more

J.S. Held

Practical Completion: The New Context for Certifying Higher-Risk Buildings in England

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The decision to certify as to when the works under construction contracts in the United Kingdom (“UK”) have reached ‘Practical Completion’ (“PC”) can often cause difficulties for the Contract Administrator (“CA”), as the...more

BCLP

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong...

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On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong for a contravention of a competition rule (“contravention”). This case concerns an...more

BCLP

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong...

BCLP on

On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong seeking remedies against the contravening party for a contravention of a competition...more

Fox Rothschild LLP

The Seventh Circuit Joins The Second And Fifth Circuits In Holding That 28 USC § 1782(a) Does Not Apply To Private International...

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In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more

Mintz - Arbitration, Mediation, ADR...

28 U.S.C. §1782(a): Second Circuit Reinforces Appeals Court Split Concerning Applicability to Private Commercial Arbitrations

Just as the jurisprudential pendulum appeared to be swinging smoothly in one direction, the Second Circuit declined to get on board and instead pushed back to the future on July 8, 2020 in holding that federal courts may not...more

Hogan Lovells

Appeals and challenges under the Arbitration Act 1996: Not so appealing anymore?

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It is well-recognised that an advantage of London-seated arbitration is the limited grounds on which an arbitration award may be challenged or appealed in the English courts. ...more

McDermott Will & Emery

Sixth Circuit Changes Landscape of Discovery in Aid of International Commercial Arbitration

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There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more

ArentFox Schiff

ICC award against a PDVSA subsidiary annulled for non-conformity with public policy of the seat of arbitration

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To protect enforceability, an arbitral award must conform to the fundamental principles of public policy in the seat of arbitration. The arbitral tribunal’s “clear and convincing evidence” standard of proving corruption...more

Holland & Knight LLP

Discovery in International Arbitration: The Ever-Expanding Scope

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Two recent U.S. federal appellate court decisions addressing a U.S. statute often used to obtain discovery for use in international arbitration will have a significant impact on the conduct of cross-border dispute resolution....more

Latham & Watkins LLP

Sections 68 and 69 of the Arbitration Act 1996 Have Bite!

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A rare example of the English High Court varying an arbitral award. In Dakshu Patel v. Kesha Patel [2019] EWHC 298 (Ch), the English High Court upheld an appeal under section 69 of the Arbitration Act 1996 (the Act)...more

Bennett Jones LLP

Supreme Court Clarifies Limits on Tribunal Participation in Reviews of Its Own Decisions

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In an increasingly regulated world, governments have established a litany of administrative tribunals to oversee and administer complex regulatory schemes. Often, applying their specialized expertise, such tribunals...more

K&L Gates LLP

Is VCAT a 'court' Under the Uniform Commercial Arbitration Act?

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Under s 8 of the Uniform Commercial Arbitration Act (CAA)1 a 'court' is required to stay proceedings before it if the parties have already agreed to have their dispute referred to arbitration. Recently, the Victorian Court of...more

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