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English Commercial Court: Foreign Judgment Did Not Establish Issue Estoppel

Parties may struggle to establish issue estoppel based on a foreign judgment, even when they agreed exclusive jurisdiction of English courts. MAD Atelier International BV v. Manès [2020] EWHC 1014 (Comm) considers key...more

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit?

The UK has taken steps to accede to the Lugano Convention 2007, as maintaining the status quo under the Brussels Recast Regulation 1215/2012 will no longer be an option once the transition period expires. The UK has...more

Court of Appeal Clarifies Legal Professional Privilege

The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments. Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating...more

Unexplained Wealth Orders Subject to Rigorous Judicial Scrutiny

Recent judgments help to clarify purpose and threshold of unexplained wealth orders. The National Crime Agency (NCA) has had a mixed start to 2020, with appeals heard on unexplained wealth orders (UWOs) testing the new...more

Court of Appeal Can Compel a Non-Party to an Arbitration Agreement to Provide Evidence

A new decision signals the Court’s readiness to interpret section 44(2)(a) of the Arbitration Act 1996 broadly. In A and B v C, D and E (Taking evidence for a foreign seated arbitration), the Court of Appeal unanimously...more

English Court of Appeal Rules on Privilege and Settlement Agreements

The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more

Court of Appeal: London-Seated Arbitration Cannot Circumvent Mandatory Arbitration Act Requirements

Decision confirms parties’ statutory right to challenge awards under s.67 and s.68. The Court of Appeal has overturned a High Court decision which granted a stay of an application challenging an award pending the...more

English High Court Confirms Costs Award Part and Parcel of Substantive Award

The Court’s ruling supports the general principle that costs follow the event. In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English...more

International Arbitration: Focus on Chinese Counter-Parties

Given recent developments, parties with cross-border agreements and arbitration with Chinese counter-parties should look to Hong Kong as a seat of arbitration. On 2 April 2019, the Hong Kong SAR Government and the PRC...more

Baking the Books — Recent Instances of Fraud Highlight the Need for Vigilance in M&A Deals

Buyers’ best defence against M&A fraud requires rigorous, pre-closing due diligence — when fraud is suspected, deal teams should seek legal advice and proceed with caution. Recent high-profile fraud cases gravely...more

Fraud Unravels All – Even Post-Judgment

English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud. Introduction - In Takhar v Gracefield Developments Limited and others...more

Sections 68 and 69 of the Arbitration Act 1996 Have Bite!

A rare example of the English High Court varying an arbitral award. In Dakshu Patel v. Kesha Patel [2019] EWHC 298 (Ch), the English High Court upheld an appeal under section 69 of the Arbitration Act 1996 (the Act)...more

Chinese Court Takes Pro-Arbitration Approach to Validity of International Arbitration Agreement

Parties must draft arbitration agreements with Chinese parties clearly and precisely to ensure validity and avoid unwanted litigation. A Beijing court recently adopted a pro-arbitration approach in upholding the validity...more

English Court of Appeal Clarifies Test for Determining Jurisdictional Challenges

Applicants challenging jurisdiction must satisfy a single three-limbed test, rather than establish a ‘good arguable case’ and ‘better of the argument’. The English Court of Appeal has clarified the correct test to be...more

Complex Commercial Litigation Law Review – England & Wales

Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framework for the cost-effective...more

English High Court Confirms the Scope of Freezing Injunctions in Relation to Third-Party Assets

Third-party assets controlled (de facto or de jure) by the respondent are ordinarily outside the scope of a freezing injunction unless exceptional circumstances can be established. In the recent case of FM Capital Partners...more

English High Court Confirms the Strict Duty of Full and Frank Disclosure

English High Court confirms that without notice applicants are under an onerous duty to satisfy the requirement of full and frank disclosure. In the recent cases of Fundo Soberano de Angola & ors v. Jose Filomeno dos...more

English Court Refuses to Extend Time for Serving a Claim Form

Claimants and practitioners must be mindful of the period in which a claim form must be served after filing. In Viner v. Volkswagen Group Limited [2018] EWHC 2006 (QB) Senior Master Fontaine refused the claimants’...more

English Court Issues Anti-Arbitration Injunction Restraining Lebanese Arbitration Proceedings

Judgment clarifies the exceptional circumstances in which anti-arbitration injunctions against foreign-seated arbitrations might be granted. In Sabbagh v Khoury, Justice Knowles in the High Court issued an anti-arbitration...more

English Court Cannot Issue Anti-Suit Injunctions Restraining Other EU Court Proceedings

Judgement clarifies that the Brussels Recast Regulation does not reverse the West Tankers decision. In Nori Holdings v Bank Otkritie, Justice Males in the High Court issued an anti-suit injunction to restrain court...more

Cartelised Products: In or Out of EEA? Only a Trial Will Tell

England may become an increasingly attractive forum for follow on damages claims, particularly those involving indirect cartelised product purchases initially acquired outside EEA the in wake of iiyama decisions. Summary -...more

UK Supreme Court: NOM Clauses Invalidate Oral Variations of Contracts

Judgment confirms the effectiveness of contractual provisions that prevent the parties from varying their contract orally. The Supreme Court of the United Kingdom recently held that an oral variation of a contract was...more

English Court Provides Welcome Clarification on Key Arbitral Award Issues

The decision confirms that UNCITRAL Rules do not impose a higher procedural fairness burden than the Arbitration Act and that the foreign act of state doctrine applies in arbitrations. The Commercial Court considered...more

English Court of Appeal Re-Affirms Pro-Enforcement Stance Toward Foreign Arbitral Awards

Decision encourages a deferential approach to enforcing foreign awards in England and confirms narrow interpretation of the public policy exception under the New York Convention. The English Court of Appeal has confirmed...more

Court Rules that Arbitrators Must Disclose Related or Overlapping Appointments

Arbitrators should disclose subsequent appointments to related arbitration proceedings, particularly if cases materially overlap. In the Halliburton v Chubb ruling, the Court of Appeal held that an arbitrator who did not...more

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