Expert Analysis

• German Ruling Further Restrains Intra-EU Bilateral Arbitration

  

  The German Federal Court of Justice recently issued a notable ruling that pushes the invalidation of intra-European Union bilateral investment treaty arbitration into the realm of stand-alone cost decisions, strengthening the EU's legal framework while increasing uncertainty for investors in the region, say attorneys at Linklaters.

• High Court Ruling Shows Firm Stance On Procedural Integrity

  

  The recent High Court decision in Qatar Investment v. Phoenix Ancient Art demonstrates its zero tolerance of procedural failure, serving as a reminder that the financial burden associated with document disclosure will not excuse a party’s failure to comply with court orders, say lawyers at Quillon Law.

• A Shifting Landscape Of Greater Scrutiny After Data Breaches

  

  Recent Information Commissioner's Office fines for personal data breaches and a Home Office consultation signal a shift in the U.K. regulatory landscape, and with an increase in mass actions and resulting exposure, organizations should prepare for potential third-party claims from those incurring consequential losses, say lawyers at Atheria.

• Decoding Arbitral Disputes: An Update On ICSID Annulment

  

  The International Centre for Settlement of Investment Disputes' recent decision in Peteris Pildegovics and SIA North Star v. Kingdom of Norway offers a reasoned and principled contribution to annulment jurisprudence, effectively balancing the competing imperatives of fairness, finality and institutional coherence, says Josep Galvez at 4-5 Gray's Inn.

• UK Data Disputes Could Become Competition Class Actions

  

  While mass data protection claims have chafed against the procedural restrictions that apply to class actions under U.K. law, it is possible these claims will be brought into the fold of the rapidly growing Competition Appeal Tribunal scene, says Aislinn Kelly-Lyth at Blackstone Chambers.

• Opinion

  UK Court Of Appeal's FRAND Ruling Is Troubling

  

  The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.

• What Santander Fraud Ruling Means For UK Banking Sector

  

  A London court's recent judgment in Santander v. CCP Graduate School held that a bank does not owe any duty to third-party victims of authorized push payment fraud, reaffirming the steps banks are already taking to protect their own customers from sophisticated fraud mechanisms, say lawyers at Charles Russell.

• Arbitral Ruling In EU Fisheries Clash Clarifies Post-Brexit Pact

  

  The Permanent Court of Arbitration's recent ruling marks a pivotal moment in the evolving jurisprudence surrounding the Trade and Cooperation Agreement, concluded between the U.K. and the EU after Brexit, and sets an important precedent for interpretation and enforcement of trade and environment clauses in cross-border disputes, says Josep Galvez at 4-5 Gray's Inn.

• Apple Ruling Provides Clarity For UK Litigation Funders

  

  The Court of Appeal's recent Gutmann v. Apple decision that litigation funders can take a fee before class action members are paid helps relieve the concerns of insufficient funding returns that followed news of a broad sector review and a key high court ruling, says Matthew Lo at Exton Advisors.

• Expect Complex Ruling From UK Justices In Car Dealer Case

  

  While recent arguments before the U.K. Supreme Court in a consumer test case on motor finance commissions reveal the court’s take on several points argued, application of the upcoming decision will be both nuanced and fact-sensitive, so market participants wishing to prepare do not have a simple task, says Tom Grodecki at Cadwalader.

• Why Cos. Should Investigate Unethical Supply Chain Conduct

  

  The U.K. government’s recent updated guidance for businesses on reporting slavery and human trafficking in supply chains underscores the urgent need for companies to adopt transparent and measurable due diligence practices, reinforcing the broader need for proactive internal investigations into unethical or criminal conduct, say lawyers at Seladore and Matrix Chambers.

• UK Top Court Charts Limits Of Liability In Ship Explosion Case

  

  A recent U.K. Supreme Court ruling, capping a ship charterer's damages for an onboard explosion, casts a clarifying light upon the murky waters of maritime liability, particularly concerning the delicate operation of limitation under the Convention on Limitation of Liability for Maritime Claims, says Josep Galvez at 4-5 Gray's Inn.

• What Latest VC Model Document Revisions Offer UK Investors

  

  Recent updates to the British Private Equity and Venture Capital Association model documents, reflecting prevailing U.K. market practice on early-stage equity financing terms and increasing focus on compliance issues, provide needed protection for investors in relation to the growth in global foreign direct investment regimes, say lawyers at Davis Polk.

• Decoding Arbitral Disputes: Precision In Jurisdiction Clauses

  

  The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.

• What Age Bias Ruling Means For Law Firm Retirement Policies

  

  The recent employment tribunal age discrimination decision in Scott v. Walker Morris demonstrates that while law firms may implement mandatory retirement schemes, the policy must pursue a legitimate aim via proportionate means to pass the objective justification test, says Chris Hadrill at Redmans Solicitors.