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Tag Archives: English law

Court Rules that Arbitrators Must Disclose Related or Overlapping Appointments

Arbitrators should disclose subsequent appointments to related arbitration proceedings, particularly if cases materially overlap. By Oliver E. Browne and Robert Price In the Halliburton v Chubb ruling, the Court of Appeal held that an arbitrator who did not disclose subsequent appointments to related arbitration proceedings should have disclosed those subsequent appointments both as a matter … Continue Reading

Is Good Faith a Bad Choice Under English Law?

By Oliver Browne Although there remains no widely accepted definition of good faith under English law, and English law has committed itself to no overriding principle of good faith, English law has developed piecemeal solutions in response to demonstrated problems of unfairness. The variety of these solutions, and the pace with which they are being … Continue Reading

Private Equity and Privilege: Why Recent Legal Developments Matter to Buyout Firms

By Stuart Alford QC, Daniel Smith and Kem Ihenacho Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation. Privilege has important implications for private equity beyond litigation, and can affect how firms … Continue Reading

Corporate Criminal Liability: the UK is Now Talking the Talk and Walking the Walk

By Daniel Smith, Clare Nida and Yasmina Borhani The UK’s growing focus on corporate criminal liability was seen in two recent pieces of news. Last Friday the government announced a consultation on extending the reach of corporate criminal liability to additional economic crimes, in order to avoid the current English law requirement to identify a … Continue Reading
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