Expert Analysis

• New French In-House Privilege Reshapes Arbitration Strategy

  

  The French Constitutional Council’s recent granting of legal privilege to in-house counsel marks a structural evolution in French arbitration practice and alters the evidentiary balance of document production in cross-border disputes, although the new protection is neither absolute nor risk-free, say lawyers at King & Spalding.

• What 2nd Circ. Discovery Stay Means For Sovereign Litigation

  

  The Second Circuit’s recent stay of a postjudgment discovery order against Argentine officials in an oil investment dispute is worth examining in its full doctrinal and practical context, as limiting enforcement efforts that pry into foreign governments' internal workings could quietly reshape the trajectory of sovereign litigation in the U.S., says Josep Galvez at 4-5 Gray's Inn.

• EU Ruling Signals More Intrusion Into Commercial Arbitration

  

  Three things stand out from the recent opinion of the advocate general of the European Court of Justice in Reibel v. Stankoimport, which is the next step in a long line of measures chipping away at the viability of international arbitration in the European Union, say attorneys at BakerHostetler.

• UK Top Court Clarifies Time Limit Issue In Shareholder Claims

  

  The long-awaited U.K. Supreme Court decision in THG PLC v. Zedra Trust confirms that even historical acts can be remedied without a firm limitation date by allowing courts to order appropriate relief for unfairly prejudicial conduct, which will be welcomed by both petitioners and respondents, say lawyers at Stewarts.

• Crypto-Asset Market Downturn Is Driving Litigation Risk

  

  Recent volatility in the crypto-asset market has placed a strain on balance sheets and laid bare weaknesses that may have been overlooked during more stable periods, increasing the risk for disputes over whether procedures or enforcement have been carried out correctly, say lawyers at Kennedys.

• Decoding Arbitral Disputes: UK Top Court On State Immunity

  

  The U.K. Supreme Court's recent ruling denying Spain's and Zimbabwe's bids to escape arbitration awards using state immunity claims provides significant clarification of the relationship between sovereign immunity and the International Centre for Settlement of Investment Disputes system, and reinforces the finality and enforceability of ICSID awards, says Josep Galvez at 4-5 Gray's Inn.

• Why UK Criminal Court Changes Need To Be Systemic

  

  The proposals in the second part of Brian Leveson's long-anticipated independent review of criminal courts, aimed at easing pressure on the criminal justice system and restoring public confidence, are broadly welcomed, but without structural change and sustained funding, they risk becoming little more than temporary fixes, says Vicky Lankester at Brett Wilson.

• UK Territories May Yet Prevail On Ownership Disclosure

  

  Despite its recently launched anti-corruption strategy, the U.K. government appears to have little appetite in the short term to impose fully public ownership registers on the overseas territories, a position that will be welcomed by advisers and individuals, says Rupert Cullen at Allectus Law.

• FCA Enforcement Newsletter Reflects Shift Toward Openness

  

  The Financial Conduct Authority’s inaugural Enforcement Watch newsletter provides clarity on the cases the regulator is opening and highlights its approach to early communication of enforcement activity, offering a welcome insight into its emerging priorities, says David Hamilton at Howard Kennedy.

• Decoding Arbitral Disputes: US Cert Denial And EU Strategy

  

  The U.S. Supreme Court recently denied certiorari in Russia v. Hulley Enterprises, leaving in place the D.C. Circuit's opinion supporting jurisdiction in the $50 billion arbitration award challenge, and intensifying litigation exposure for the European Union's strategy of contesting the enforceability of intra-EU awards abroad, says Josep Galvez at 4-5 Gray's Inn.

• Irish Consumer Law Proposals Expose Concerns Over Privacy

  

  The Irish government’s recent proposals to amend and clarify competition and consumer law would allow new investigative powers and greater financial sanctions, leading to concerns from businesses whether the benefits outweigh the privacy risks, says Kate McKenna at Matheson.

• Nigeria Ruling Offers Road Map For Onerous Costs Requests

  

  The Court of Appeal's judgment in Nigeria v. VR Global Partners is significant because it tests the extent to which a court may prioritize accessibility and its own resources over a judgment creditor's desire for immediate recourse, says Josep Galvez at 4-5 Gray's Inn Square.

• UK Class Actions Appear Set For Resurgence In 2026

  

  In 2026, the U.K. will likely see an uptick in class actions as a result of legal and regulatory developments, including the landmark court decision in BHP Group v. PGMBM Law that boosted confidence in the enforceability of funds-committed litigation funding arrangements, say lawyers at Winston & Strawn.

• Digital Assets Act Allows Courts To Cater For New Tech

  

  The recently enforced Property (Digital Assets etc) Act confirms in law that digital assets can be recognized as personal property, while leaving intentional gaps, which allow courts the flexibility to adapt traditional legal rules to new innovative technology, say lawyers at Dechert.

• Limited Claims Raise Concerns About Subsidy Act's Efficacy

  

  With significantly fewer challenges to date than expected under the Subsidy Control Act, it appears that parties may be unwilling to bring claims or unaware of their rights, calling into question the effectiveness of the regime, says Matthew Hall at McGuireWoods.