Expert Analysis

• What UK Procurement Act Delay Will Mean For Stakeholders

  

  The Procurement Act 2023’s delay until February 2025 has sparked debate among contracting authorities and suppliers, and the Labour Party’s preference for a broader reform package demonstrates the challenges involved in implementing legislative changes where there is a change in government, say lawyers at Shoosmiths.

• 2 Highlights From Labour's Notable Employment Rights Bill

  

  The Labour government’s recently unveiled Employment Rights Bill marks the start of a generational shift in U.K. employment law, and its updates to unfair dismissal rights and restrictions on fire-and-rehire tactics are of particular note, say lawyers at Covington.

• Inspecting The New Int'l Arbitration Site Visits Protocol

  

  The International Bar Association's recently published model protocol for site visits is helpful in offering a standardized, sensible approach to a range of typical issues that arise in the course of scheduling site visits in construction, engineering or other types of disputes, say attorneys at V&E.

• Opinion

  Why The UK Gov't Should Commit To An Anti-SLAPP Law

  

  Recent libel cases against journalists demonstrate how the English court system can be potentially misused through strategic lawsuits against public participation, underscoring the need for a robust statutory mechanism for early dismissal of unmeritorious claims, says Nadia Tymkiw at RPC.

• 5 Takeaways From UK Justices' Arbitration Jurisdiction Ruling

  

  The U.K. Supreme Court's recent judgment in UniCredit Bank v. RusChemAlliance, upholding an injunction against a lawsuit that attempted to shift arbitration away from a contractually designated venue, provides helpful guidance on when such injunctions may be available, say attorneys at Fladgate.

• FCA's Broad Proposals Aim To Protect Customer Funds

  

  The Financial Conduct Authority’s proposed changes to payments firms’ safeguarding requirements, with enhanced recordkeeping and fund segregation, seek to bolster existing regulatory provisions, but by introducing a statutory trust concept to cover customers’ assets, represent a set of onerous rules, says Matt Hancock at Greenberg Traurig.

• Complying With Growing EU Supply Chain Mandates

  

  A significant volume of recent European Union legislative developments demonstrate a focus on supply chain transparency, so organizations must remain vigilant about potential human rights and environmental abuses in their supply chain and make a plan to mitigate compliance risks, say lawyers at Weil.

• Decoding Arbitral Disputes: Spain Faces Award Enforcement

  

  Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.

• What EU Antitrust Guidelines Will Mean For Dominant Cos.

  

  The European Commission’s recent draft antitrust guidelines will steer courts' enforcement powers, increasing the risk for dominant firms engaging in exclusive dealing without any apparent basis to shift the burden of proof to those companies, say lawyers at Latham.

• Reflecting On 12 Months Of The EU Foreign Subsidy Regime

  

  New European Commission guidance, addressing procedural questions and finally providing clarity on “distortion” in merger control and public procurement, offers an opportunity to reflect on the year since foreign subsidy notification obligations were introduced, say lawyers at Fried Frank.

• Employer Lessons In Preventing Unlawful Positive Action

  

  A recent Employment Tribunal decision that three white police officers had been subjected to unlawful race discrimination when a minority detective sergeant was promoted demonstrates that organizations should undertake a balancing approach when implementing positive action in the workplace, says Chris Hadrill at Redmans Solicitors.

• Review Of EU Cross-Border Merger Regs' Impact On Irish Cos.

  

  Looking back on the year since the European Union Mobility Directive was transposed into Irish law, enabling Irish and European Economic Area limited liability companies to participate in cross-border deals, it is clear that restructuring options available to Irish companies with EU operations have significantly expanded, say lawyers at Matheson.

• Decoding Arbitral Disputes: Spanish Assets At Risk Abroad

  

  The recent seizure of a portion of London Luton Airport after an English High Court ruling is the latest installment in a long-running saga over Spain’s failure to honor arbitration awards, highlighting the complexities involved when state-owned enterprises become entangled in disputes stemming from their government's actions, says Josep Galvez at 4-5 Gray's Inn Square Chambers.

• Comparing Apples To Oranges In EPO Claim Interpretation

  

  A referral before the Enlarged Board of Appeal could fundamentally change the role that descriptions play in claims interpretation at the European Patent Office, altering best drafting practices for patent applications construed there, say lawyers at Finnegan.

• A Look At UK, EU And US Cartel Enforcement Trends

  

  The European Union, U.K. and U.S. competition agencies' recently issued joint statement on competition risks in generative artificial intelligence demonstrates increased cross-border collaboration on cartel investigations, meaning companies facing investigations in one jurisdiction should anticipate related investigations in other jurisdictions, say lawyers at Latham & Watkins.