Expert Analysis

• UK Supreme Court Dissent May Spark Sanctions Debate

  

  While the recent U.K. Supreme Court's rejection of Eugene Shvidler’s appeal determined that sanctions decisions are primarily the government’s preserve, Justice Leggatt’s dissenting view that judges are better placed to assess proportionality will cause ripples and may mark a material shift in how future appeals are approached, say lawyers at Seladore.

• What UK's New Prosecution Guidance Means For Compliance

  

  Recent guidance from the U.K.'s Serious Fraud Office and Crown Prosecution Service, aligning their approach with the Economic Crime and Corporate Transparency Act, offers a timely prompt for corporate boards and legal teams to update their risk management frameworks, say lawyers at Signature Litigation.

• Decoding Arbitral Disputes: ICSID Enforcement In Australia

  

  The Federal Court of Australia recently ruled for award creditors in Blasket Renewable Investments v. Spain in a judgment that explains how Australia's statute book operationalizes the promise of depoliticized enforcement under the International Centre for Settlement of Investment Disputes Convention while accommodating, without yielding to, the centrifugal forces of European Union law, says Josep Galvez at 4-5 Gray's Inn.

• How AI May Have Made A Difference In Monzo Bank Breaches

  

  Artificial intelligence tools have the capabilities needed to keep pace with increasingly sophisticated threats, and such tools might have helped prevent the anti-money laundering failures that led to the recent £21.1 million fine against Monzo Bank, says Alexander Vilardo at Howard Kennedy.

• Charting A Course For The UK's Transition From Paper Shares

  

  The recent report from the U.K.'s Digitisation Taskforce, recommending modernization of how shares in U.K.-listed companies are held, makes it clear that while moving from paper shares to an intermediated system is a positive step, the transition will not be without complications, say lawyers at HSF Kramer.

• Irish Ruling Presents Road Map For Evaluating Jurisdiction

  

  With its recent decision in Petersen Energia Inversora v. The Argentine Republic, the Dublin Commercial High Court has delivered a judgment of conspicuous clarity on the frontiers of Ireland's service-out jurisdiction for the recognition and enforcement of foreign judgments, says Josep Galvez at 4-5 Gray’s Inn.

• UK's 1st ICSID Claim Shows Bilateral Investment Treaty Reach

  

  For the first time, the U.K. is facing a claim under the International Centre for Settlement of Investment Disputes Convention, underscoring the broader reality that treaty protections are no longer confined to investors in emerging markets, says Philipp Kurek at Signature Litigation.

• Opinion

  Further Anti-SLAPP Reform Is Needed To Protect Free Speech

  

  New provisions aimed at combating strategic lawsuits against public participation recently came into effect in the U.K., but in applying only to economic crime-related information, the definition of a SLAPP is too narrow to prevent instigators bringing claims to silence public criticism, says Sadie Whittam at Lancaster University.

• Exploring Key Features Of New Frankfurt Commercial Court

  

  The recently established Frankfurt Commercial Court and Commercial Chambers, which offer proceedings in English and experienced commercial judges, are designed to handle complex, high-value and cross-border disputes, marking a significant step forward in the modernization of Germany's civil justice system, say attorneys at Gibson Dunn.

• Petrofac Ruling Shifts Focus To Fairness In Restructurings

  

  The recent Court of Appeal overturning of Petrofac's restructuring plans demonstrates a change of direction that will allow previously ignored out-of-the-money creditors a share in the benefits, and means companies must review the fair treatment of different creditor classes, say lawyers at King & Spalding.

• Decoding Arbitral Disputes: A Battle For Arbitral Voice

  

  The English Commercial Court's recent decision in Republic of India v. CC/Devas, although procedural in form, reflects a significant chapter in the ongoing struggle between arbitral autonomy and sovereign intervention, says Josep Galvez at 4-5 Gray's Inn Square Chambers.

• How Top Court Ruling Limits Scope Of Motor Finance Claims

  

  The U.K. Supreme Court’s recent ruling in a landmark case concerning car finance commissions clarifies when and how a dealership’s fiduciary duties arise, considerably narrowing that path for mass consumer litigation and highlighting how an upcoming Financial Conduct Authority redress scheme will seek to balance consumer, lender and market interests, say lawyers at Cadwalader.

• Why Leveson Review Is Significant For UK Court System

  

  Brian Leveson’s recent review into the U.K. criminal justice system calls for judge-only trials in serious and complex fraud cases, a controversial recommendation that is sparking debate over the future of jury trials, says Louise Hodges at Kingsley Napley.

• High Court Elects Substance Over Form In Arbitration Dispute

  

  The High Court recently found that an arbitral tribunal has jurisdiction over the dispute in Ras Al Khaimah Investment Authority v. India, underscoring the importance of aligning treaty interpretation with the goal of fostering investment, while rejecting interpretations that unduly limit investor protections, says Josep Galvez at 4-5 Gray's Inn.

• French Plans For Call-In Powers Signal More Merger Scrutiny

  

  The French Competition Authority’s intention to draft a call-in mechanism for below-threshold transactions demonstrates a growing appetite to expand national investigation tools that will require a balance of effective control and legal certainty to reduce the burden on merging companies, say lawyers at Linklaters.