The U.K. Supreme Court has recently clarified the English courts’ power under Section 9 of the Arbitration Act 1996 (“Section 9”) to stay proceedings which are properly the subject of an arbitration agreement....more
On 6 September 2023, the Law Commission of England & Wales published its final report on potential reforms to the English Arbitration Act 1996 (the “Act”). The report recommends making changes in six key areas, as well as a...more
Over a year has now passed since Russia invaded Ukraine, and the U.S., the EU and its member states, the U.K., and many others—including Japan, Australia, New Zealand, Taiwan and Canada—continue to exert pressure on Russia...more
In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more
The Singapore International Commercial Court (SICC) recently introduced a new model clause allowing parties to expressly designate the SICC as having jurisdiction over court proceedings relating to Singapore-seated...more
The Court of First Instance in Hong Kong has adopted the English law principles for determining the governing law of dispute resolution clauses, such as arbitration clauses, in a recent judgment (China Railway v Chung Kin...more
Summary Disposal: Towards More Efficient Arbitration -
On 22 September 2022, the Law Commission of England & Wales published a consultation paper as part of its ongoing review of the Arbitration Act 1996 (the “Act”)....more
The High Court has once again grappled with novel issues raised by disputes concerning cryptoassets, this time in the context of an interim application for information orders....more
12/15/2022
/ Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Cyber Crimes ,
Cybersecurity ,
Digital Assets ,
Financial Transactions ,
Investment Management ,
Investors ,
Popular ,
UK ,
UK Cryptoassets Taskforce
In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more
The English law concerning contractual duties of good faith (express and implied) has received considerable judicial attention in recent years. It will therefore be of interest to those who use English law contracts,...more
11/7/2022
/ Board of Directors ,
Breach of Contract ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Corporate Counsel ,
Corporate Officers ,
Good Faith ,
Shareholder Litigation ,
Shareholders ,
UK
The Singapore Court of Appeal’s recent decision in CEF and CEG v CEH [2022] SGCA 54 provides interesting guidance for arbitrators and parties alike on the dividing line between mere procedural complaints, which will not be...more
In January 2022, the Law Commission of England & Wales launched a review of the Arbitration Act 1996 (the Act) as part of its 14th programme of law reform. We shared our initial thoughts on the Commission’s review earlier...more
We explained in a previous post that the Law Commission of England & Wales is conducting a review of the Arbitration Act 1996 as part of its 14th programme of law reform....more
Since late February 2022, the United States (U.S.), the European Union (EU) and its member states, the United Kingdom (U.K.), and many others—including Japan, Australia, New Zealand, Taiwan and Canada—have imposed sweeping...more
8/11/2022
/ Asset Freeze ,
Belarus ,
Blocking Sanctions ,
Cryptocurrency ,
Economic Sanctions ,
EU ,
Export Controls ,
Financial Institutions ,
Financial Transactions ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Technology Sector ,
Trade Relations ,
Trade Suspensions ,
U.S. Commerce Department ,
UK ,
Ukraine
Since late February 2022, the United States (U.S.), the European Union (EU) and its member states, the United Kingdom (U.K.), and many others — including Japan, Australia, New Zealand, Taiwan and Canada — have imposed...more
4/28/2022
/ Australia ,
Canada ,
Economic Sanctions ,
EU ,
Foreign Policy ,
Foreign Relations ,
Japan ,
Military Conflict ,
New Zealand ,
Popular ,
Russia ,
Sanctions ,
Taiwan ,
UK ,
Ukraine ,
Vladimir Putin
As part of its 14th programme of reform, the Law Commission of England & Wales has announced that it will review the Arbitration Act 1996. Over the past 25 years, the Act has played a key role in making London the most...more
Since late February 2022, the United States (U.S.), the European Union (EU) and its member states, the United Kingdom (U.K.), and many others—including Japan, Australia, New Zealand, Taiwan and Canada—have imposed sweeping...more
3/23/2022
/ Biden Administration ,
Canada ,
Economic Sanctions ,
EU ,
Foreign Policy ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanctions ,
UK ,
Ukraine
Over the past week, the United States, the European Union and its member states, the United Kingdom, and several other countries have imposed rounds of sweeping new sanctions on Russia in response to its invasion of Ukraine....more
3/1/2022
/ Biden Administration ,
Canada ,
Economic Sanctions ,
EU ,
Foreign Policy ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanctions ,
UK ,
Ukraine