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Category Archives: Dispute Resolution

Dispute Resolution – including bribery & corruption, fraud & white collar crime, arbitration, litigation

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UK Supreme Court Narrows Scope of “Reflective Loss” Principle

The decision overturns a series of cases deemed to have over-expanded a principle preventing shareholders from claiming against third parties for falls in a company’s value. By Oliver Middleton and Thomas F. Lane On 15 July 2020, the UK Supreme Court unanimously overturned a Court of Appeal decision that had barred a creditor of companies … Continue Reading

CMA Publishes COVID-19 Taskforce Update for July

The CMA continues to field COVID-19 complaints concerning refunds and previously widespread excessive prices on day-to-day products. By John D. Colahan and Anuj Ghai The CMA continues to respond to complaints from consumers on COVID-19-related issues. Consumers submitted more than 80,000 complaints through 28 June 2020, with the volume decreasing from 7,000 a week in … Continue Reading

UK Releases Guidance on Modern Slavery Act Reporting

The UK government continues to prioritise combatting modern slavery risks while also extending reporting deadlines amid the COVID-19 pandemic. By Clare Nida On 20 April 2020, the UK government published guidance for companies on how to approach their Modern Slavery Act statements during the COVID-19 pandemic. The government has stressed that businesses should continue to … Continue Reading

English Commercial Court: Foreign Judgment Did Not Establish Issue Estoppel

Parties may struggle to establish issue estoppel based on a foreign judgment, even when they agreed exclusive jurisdiction of English courts. By Oliver Browne, Yasmina Vaziri, and Tom Watret MAD Atelier International BV v. Manès [2020] EWHC 1014 (Comm) considers key aspects of the law of issue estoppel and abuse of process in relation to … Continue Reading

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit?

The UK has taken steps to accede to the Lugano Convention 2007, as maintaining the status quo under the Brussels Recast Regulation 1215/2012 will no longer be an option once the transition period expires. By Oliver Browne, Sebastian Seelmann-Eggebert, and Tom Watret The UK has recently requested to join the Lugano Convention 2007, which is … Continue Reading

Court of Appeal Clarifies Legal Professional Privilege

The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments. By Oliver Browne and Clare Nida Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating to, legal professional privilege. In Civil Aviation Authority v. R (on behalf of the application … Continue Reading

Unexplained Wealth Orders Subject to Rigorous Judicial Scrutiny

Recent judgments help to clarify purpose and threshold of unexplained wealth orders. By Stuart Alford QC, Oliver Browne, and Clare Nida The National Crime Agency (NCA) has had a mixed start to 2020, with appeals heard on unexplained wealth orders (UWOs) testing the new investigative tools provided under the Criminal Finances Act 2017 (CFA). What … Continue Reading

High Court Rules on Confidentiality Claims in Competition Proceedings

The ruling may point to a trend that English courts are ever more willing to intervene in managing confidentiality rings. By Hayley M. Pizzey In Infederation Limited v Google LLC and others[1] the English High Court considered the extent to which confidential information should be protected from disclosure in competition proceedings. In a somewhat novel … Continue Reading

US Baseball Scandal Provides Valuable Lessons on Corporate Culture

The Commissioner held senior leadership accountable for illegal “sign-stealing”, even though the conduct generally involved players and low-level operations employees. By Nathan H. Seltzer, David Berman, Christopher D’Agostino, and Nell Perks On 13 January 2020, the Major League Baseball Commissioner handed down significant punishment (including fines and suspension) to the Houston Astros baseball team and … Continue Reading

UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of Dominance

The CAT’s Royal Mail v. Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice. By David Little, Gregory Bonné, Alexandra Luchian, and Nathan Wilkins On 12 November 2019, the UK Competition Appeal Tribunal (the CAT) published its judgment rejecting Royal Mail’s appeal against a £50 million … Continue Reading

English Court of Appeal Rules on Privilege and Settlement Agreements

The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. By Oliver E. Browne In BGC Brokers LP & Ors v. Tradition UK & Ors,[i] the English Court of Appeal unanimously dismissed an appeal against an order for a settlement agreement to be disclosed in … Continue Reading

Court of Appeal: London-Seated Arbitration Cannot Circumvent Mandatory Arbitration Act Requirements

Decision confirms parties’ statutory right to challenge awards under s.67 and s.68. By Oliver E. Browne The Court of Appeal has overturned a High Court decision which granted a stay of an application challenging an award pending the determination of related further arbitrations (the Second Arbitration Proceedings), pursuant to s.67 and s.68 of the Arbitration … Continue Reading

Unilever – Too Big to Pay?

The Court’s decision rested on whether the patents provided outstanding benefit to the employer’s undertaking.  By Deborah J. Kirk and Catherine Marie Hughes On 23 October, the UK Supreme Court (UKSC) handed down its highly anticipated ruling in Shanks v Unilever [2019] UKSC 45 — the conclusion to an extensive campaign by Professor Shanks to … Continue Reading

Is Arbitration Sustainable?

Sustainability, opportunity, and meeting the challenges of the future.  By Sophie J. Lamb QC Each year, Hong Kong Arbitration Week celebrates the triumphs and challenges of international arbitration while actively promoting the development of the practice in Asia. This year’s prestigious Harbour Litigation Funding Lecture, now a highlight of Arbitration Week, was delivered by Sophie … Continue Reading

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. By Charles Claypoole, Robert Price, and Olivia Featherstone The judgment of the English High Court in Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v. International Military Services Limited [2019] EWHC … Continue Reading

US Secondary Sanctions Are a “Mandatory Provision of Law” in an English Contract

High Court ruling acknowledges the extraterritorial effect of US secondary sanctions. By Charles Claypoole and Nell Perks In the recent case of Lamesa Investments Ltd v. Cynergy Bank Ltd [2019] EWHC 1877 (Comm), the High Court found that US secondary sanctions constituted a “mandatory provision of law” excusing non-payment under a Facility Agreement. Facts Lamesa … Continue Reading

English High Court Confirms Mediation Can Be Condition Precedent to Litigation

By Eleanor M. Scogings English High Court stays litigation pending mediation. In Ohpen Operations UK Limited v. Invesco Fund Managers Limited,[i] the English court held that mediation was a condition precedent to the commencement of litigation and, accordingly, stayed the proceedings to enable mediation to take place. The decision confirms that an alternative dispute resolution … Continue Reading

English Court of Appeal Confirms Proper Test for Common Mistake Rectification

Objective test applies if a prior concluded contract exists, but subjective test applies if there is a continuing common intention. By George Schurr and Alex Cox In the recent case of FSHC Group Holdings Limited v. GLAS Trust Corporation Ltd [2019] EWCA Civ 1361, the English Court of Appeal held that for rectification to be … Continue Reading

UK SFO Releases Guidance on Corporate Cooperation Credit

Guidance sets out the SFO’s expectations for investigations but leaves open questions, particularly for cross-border investigations. By Stuart Alford QC, Nathan H. Seltzer, Christopher M. Ting, and Harriet Slater On 6 August 2019, the UK Serious Fraud Office (SFO) issued its much-anticipated Corporate Cooperation Guidance (the Guidance) outlining, in substantial detail, the steps that the … Continue Reading

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. By Eleanor M. Scogings and Robert Price The decision in J (Lebanon) v. K (Kuwait)[i] provides a useful analysis of which law (i.e., the law of the arbitration agreement or the law of the seat) governs the issue of whether a non-party … Continue Reading
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