Expert Analysis

• 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.

• 2026 Int'l Arbitration Trends: Arbitral Seats In Flux

  

  As political and legal landscapes continue to shift across key global jurisdictions, with Mexico and England instituting key judicial and arbitral reforms, respectively, international arbitration parties are becoming increasingly strategic in their selection of arbitral seats, say attorneys at Cleary.

• What Is In Store For ESG Litigation In UK And EU

  

  With 2025 seeing more sophisticated and far-reaching environmental litigation, and regulatory enforcement set to continue, a focus on greenwashing and climate attribution science is likely in 2026, and organizations must remain vigilant and proactive in their approach to sustainability risks and opportunities, say lawyers at Simmons & Simmons.

• Noting Similarities And Divergences In UK, EU Apple Rulings

  

  While recent judgments against Apple by the Competition Appeal Tribunal and European Commission all focus on the Apple ecosystem and point toward closer scrutiny of its App Store rules, their analytical methodologies and potential enforcement routes differ, highlighting differences in approaches to competition law, say lawyers at Perkins Coie.

• Decoding Arbitral Disputes: EU Law And Treaty Arbitration

  

  A recent Singapore court ruling in DNZ v. DOA upholding an arbitration award against Poland constitutes a significant affirmation of the autonomy of international arbitration from regional constitutional orders when disputes are adjudicated outside those orders, says Josep Galvez of 4-5 Gray's Inn.