Commercial Litigation UK

Expert Analysis

• A Post-Brexit Guide To UK-Swiss Disputes

  

  Following Brexit, jurisdictional issues in U.K.-Swiss disputes and the recognition and enforcement of foreign judgments will be governed by each country's respective national laws, rather than the Lugano Convention, creating uncertainty and potentially more expense and satellite litigation, say Janine Alexander at Collyer Bristow and Sébastien Collart at 100 Rhône Avocats.

• Remote Working Tips For Lawyer Trainees And Their Firms

  

  The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

• Mitigate Key FCPA Risks With Tailor-Made Compliance

  

  Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.

• Transaction Toolkit For A More Litigious M&A Environment

  

  As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

• High Court Ruling Checks Growth Of Bank Protection Duty

  

  A number of recent claimant-friendly decisions have considered and broadened a bank's common law duty to refrain from making payments where fraud is suspected, but the High Court's recent judgement in Philipp v. Barclays Bank suggests a turn in the tide, say Paul Brehony and Kate Gee at Signature Litigation.

• Analyzing Illegality Defense Trend In Investor-State Arbitration

  

  Cairn Energy v. India, a recent Permanent Court of Arbitration case, highlights the growing trend of states alleging illegal investor conduct to challenge tribunal jurisdiction or investor claim admissibility, say Caline Mouawad at Chaffetz Lindsey and Jessica Beess und Chrostin at Covington.

• A Road Map For US Involvement In Europe's Cum-Ex Probe

  

  The dividend arbitrage trading strategy known as cum-ex continues to face regulatory scrutiny in Europe, and stateside regulators may soon follow suit with the U.S. Securities and Exchange Commission’s recent American depositary receipt probe as a guide for enforcement, says Joshua Ray at Rahman Ravelli.

• High Court Nazi Art Rulings Impede Restorative Justice

  

  The U.S. Supreme Court's recent rulings in favor of the sovereigns in two cases involving art stolen by the Nazis, Germany v. Philipp and Hungary v. Simon, deprive victims of a domestic forum for restitution and leave them with the untested alternative of international arbitration, says Kathryn Lee Boyd at Hecht Partners.

• ITC Dispute May Lead To PTAB Litigation Strategy Shifts

  

  A pending motion to stay the dispute between AutoStore and Ocado at the U.S. International Trade Commission highlights competing timelines of the ITC and Patent Trial and Appeal Board, and has the potential to reshape the typical forum selection strategies for patentees and defense tactics for challengers, say attorneys at Reichman Jorgensen.

• Opinion

  Judicial Review Panel Should Aim To Enhance Accountability

  

  The U.K. government's panel assembled to conduct an independent review of administrative law should consider changes that would genuinely enhance judicial review, so the process can more effectively hold the government and public authorities to account, says Hatti Owens at ClientEarth.

• UK Supreme Court Ruling Clarifies Arbitrator Bias Standard

  

  The U.K. Supreme Court's judgment in Halliburton v. Chubb, likely the court's most important decision in the area of international arbitration in the past decade, articulates important guidelines for how English courts will police issues of arbitrator disclosure and bias, even as it fuels concerns among insurance policyholders, say Allan Moore and Ramon Luque at Covington.

• ICJ Equatorial Guinea Ruling Could Alter Diplomatic Relations

  

  The recent International Court of Justice judgment in Equatorial Guinea v. France, disallowing a sending state from unilaterally imposing its choice of premises for its diplomatic mission, bolsters anti-corruption efforts but may complicate future international relations, says Olivia Flasch at Signature Litigation.

• Top Court MasterCard Ruling Lowers Bar For UK Class Suits

  

  Although the U.K. Supreme Court's recent decision in MasterCard v. Merricks removes some certification barriers for collective actions, aspects of the court's opinion may provide comfort for defendants, say Louise Freeman and Harry Denlegh-Maxwell at Covington.

• UK Biz Relief Extensions Back Debtor-Friendly Restructuring

  

  New extensions of the Corporate Insolvency and Governance Act's temporary protections for struggling businesses, allowing delays to creditor enforcement actions, indicate that the U.K.'s restructuring process is increasingly prioritizing the survival of businesses amid the ongoing pandemic, say attorneys at Haynes and Boone.

• Why The Singapore Convention Is Relevant In The UK

  

  Although the U.K. has not ratified the newly effective Singapore Convention, which establishes a legal framework for mediated settlement recognition across jurisdictions, U.K. parties should heed the convention due to its scope and popular uptake, say Simon Everington and Johnny Shearman at Signature Litigation.