Expert Analysis

• Decoding Arbitral Disputes: UK Assignability Of ICSID Awards

  

  The recent High Court decision in Operafund v. Spain clarifies the stance of English law on an important question to investors, funders and sovereigns, concluding that awards under the International Centre for Settlement of Investment Disputes Convention are not commodities that can be traded, says Josep Galvez at 4-5 Gray's Inn.

• Opinion

  Collective Action Reform Can Save UK Court System

  

  The crumbling foundations of Britain’s legal system require innovative solutions, such as investment in institutional infrastructure to reduce court backlogs, a widening of the Competition Appeal Tribunal’s remit and legislative clarity over litigation funding underpinning collective actions, says Neil Purslow at the International Legal Finance Association.

• Role Of UK Investment Act Is Evolving In M&A Deals

  

  With merger and acquisition activity likely to increase in light of the government’s new defense industrial strategy, the role of the National Security and Investment Act will come into sharper focus, and its recent annual report confirms that scrutiny is intensifying, say lawyers at Kingsley Napley.

• How Illumina/Grail Is Affecting EU Merger Control 1 Year On

  

  The landmark Illumina/Grail judgment a year ago limiting referral of below-threshold mergers to the European Commission has not left transactions unscrutinized, and for companies the days of straightforward merger filings analyses are over, say lawyers at Crowell & Moring.

• What To Know About Interim Licenses In Global FRAND Cases

  

  Recent U.K. court decisions have shaped a framework for interim licenses in global standard-essential patent disputes, under which parties can benefit from operating on temporary terms while a court determines the final fair, reasonable and nondiscriminatory terms — but the future of this developing remedy is in doubt, say attorneys at Fish & Richardson.

• Landmark VAT Ruling Should Shift HMRC Reply On Guidance

  

  The recent decision in Hotelbeds Ltd. v. Revenue and Customs Commissioners on the recovery of input tax, confirming that HMRC is bound to comply with its own guidance, will make the agency rethink its usual response to allegations that the policy was not law, say lawyers at Kennedys.

• Decoding Arbitral Disputes: Arbitrator's Conviction Upheld

  

  The Supreme Court of Spain recently upheld the criminal conviction of arbitrator Gonzalo Stampa for grave disobedience to judicial authority, rejecting the proposition that an arbitrator's independence can prevail over a court order retroactively disabling the very judicial act conferring arbitral jurisdiction, says Josep Galvez at 4-5 Gray's Inn.

• Waldorf Ruling Signals Recalibration For Restructuring Plans

  

  The recent High Court landmark judgment refusing to sanction Waldorf Production PLC's restructuring plan underscores a change in the way courts assess whether such plans are fair, indicating not their demise but a pivotal moment in their evolution, say lawyers at Simpson Thacher.

• What Key EU Data Ruling Means For Cross-Border Transfers

  

  The European Union Court of Justice’s recent judgment in European Data Protection Supervisor v. Single Resolution Board takes a recipient-specific approach concerning pseudonymized information, but financial services firms making international transfers should follow the draft EU Data Protection Board guidelines’ current stricter approach, says Nathalie Moreno at Kennedys Law.

• Poundland Restructuring Plan Highlights Insolvency Law Shift

  

  Poundland’s recently approved £95.2 million restructuring plan in the High Court under Companies Act, Part 26A, demonstrates that the relatively new provision has become an increasingly popular option for rescuing large companies facing insolvency, says Gavin Kramer at Collyer Bristow.

• EU-US Data Transfer Ruling Offers Reassurance To Cos.

  

  The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.

• Privy Council Shareholder Rule Repeal Is Significant For Cos.

  

  The recent Privy Council ruling in Jardine v. Oasis Investment abrogates the shareholder rule, which precluded a company from claiming legal advice privilege for document production in shareholder litigation, providing certainty to company directors seeking legal advice, say lawyers at Harneys.

• Israeli Ruling Shows A Non-EU ICSID Enforcement Approach

  

  An Israeli district court's recent decision declining to enforce an International Centre for Settlement of Investment Disputes award served as a prominent testing ground for how a non-European Union jurisdiction approaches the enforcement of an intra-EU award against an EU member state, says Josep Galvez at 4-5 Gray’s Inn.

• Supreme Court Ruling Stands Firm On Trust Law Principles

  

  The U.K. Supreme Court’s recent strict application of trust law in Stevens v. Hotel Portfolio may render it more difficult for lawyers in future cases to make arguments based on a holistic assessment of the facts, says Olivia Retter at Quinn Emanuel.

• High Court Freezing Order Ruling Highlights Strict CPR Rules

  

  The recent High Court decision in AAA v. BBB to set aside an expired worldwide freezing order serves as a reminder to injunctive relief practitioners that rules are there to be followed, and that it is critical to adhere to timings, say lawyers at Greenberg Traurig.