In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the creation of an Advisory Centre for States in disputes in the Investor State...more
The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series...more
The Arbitration Act 2025 is now an official new piece of legislation having received royal assent on 24 February 2025 ("2025 Act"). The new law, which refines and modernises the previous Arbitration Act 1996 ("1996 Act"),...more
The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more
The Arbitration Bill received Royal Assent today (24 February 2025). This long-awaited Bill amends the Arbitration Act 1996 to create the Arbitration Act 2025 (the "2025 Act"). It will apply to any arbitration (or...more
AT A GLANCE -
It is important for foreign investors with assets and operations in Russia to know the options available to them and how different options may impact their investment protection and chances of bringing...more
2/26/2025
/ Anti-Suit Injunctions ,
Arbitration ,
Dispute Resolution ,
Economic Sanctions ,
Enforcement Actions ,
Foreign Investment ,
International Arbitration ,
Jurisdiction ,
Kazakhstan ,
Litigation Strategies ,
Netherlands ,
Russia ,
UK
The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a...more
2/5/2025
/ Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Commercial Litigation ,
Contract Terms ,
Dispute Resolution ,
Insurance Industry ,
Insurance Litigation ,
Jurisdiction ,
Reinsurance ,
Reinsurance Agreements ,
UK
Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between...more
The UK’s Arbitration Bill (“Bill”), which was re-introduced by the Labour government in July 2024, was presented to the House of Commons (“HC”) on 6 November 2024, having completed its passage through the House of Lords the...more
The international arbitration landscape has been significantly reshaped in recent years, particularly in the wake of the ongoing war in Ukraine. The surge in commercial and investor-state Russia-related disputes shows no sign...more
15 September 2024 was a landmark day for Mexico as President López Obrador’s controversial judicial reform (the “Judicial Reform”) was signed into law, making Mexico one of the few countries in the world to elect its...more
Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the...more
PART 4: JURISDICTIONAL BATTLEGROUND IN DISPUTES WITH SANCTIONED RUSSIAN PERSONS -
In a wave of recent decisions, including in proceedings involving a number of Western banks, the Russian courts have disapplied the...more
The US government could soon allow private US military contractors to operate in Ukraine to maintain and service weapons supplied by the United States (the “MC Policy”), according to a recent CNN news report. This type of...more
PART 2: LAUNCH OF THE REGISTER OF DAMAGE FOR UKRAINE -
This week, the Register of Damage for Ukraine (the “Register”) officially launched, meaning that the claims submission process for those seeking compensation for the...more
In a recent Scottish decision, FES Ltd v HFD Construction Group Ltd [2024] CSOH 20, the Court of Session, Scotland’s Supreme Civil Court, held that under the SBCC Standard Building Contract with Quantities for use in Scotland...more
Part 1: US warns of serious risks of continuing business in Russia: key options for foreign investors -
In its recent business advisory, dated 23 February 2024, the United States (“US”) Government warns businesses and...more
We recently reported on the newly launched Abu Dhabi International Arbitration Centre branded as "arbitrateAD" (the "Centre"), which replaced the Abu Dhabi Commercial Conciliation and Arbitration Center ("ADCCAC") on 1...more
The Abu Dhabi Chamber of Commerce and Industry (the "Abu Dhabi Chamber") recently announced that the Abu Dhabi Commercial Conciliation and Arbitration Centre ("ADCCAC") will be closed and replaced by a newly launched Abu...more