News & Analysis as of

Business Disputes United Kingdom

Mayer Brown

MAC/MAE clauses: English Commercial Court delivers guidance in the context of $1.2 billion mining dispute

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The English High Court has held that a geotechnical event ("GE") at a mine in Brazil did not engage the material adverse effect ("MAE") clause in an SPA, pursuant to which two mines in Brazil were being sold for $1.2...more

BCLP

Without Prejudice Privilege: High Court Guidance on the Scope of Privilege Protection for Parties Attempting to Resolve a Dispute

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The High Court has reaffirmed the strength of protection given to parties seeking to resolve a dispute through reliance on the ‘without prejudice’ rule during negotiations. ...more

Goodwin

A ‘Somewhat Special Category’: Interpreting Articles of Association

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In Syspal Capital Limited v. Truman & Anor [2024] EWHC 1561 (ChD), the court had to determine the correct interpretation of a particular clause in a company’s articles of association (articles) that concerned deemed transfer...more

Mayer Brown

Conditions precedent: own wrongdoing cannot be used to escape debt

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Summary - In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors, handed down last month, the English Court of Appeal considered the principle in Mackay v Dick & Stevenson....more

Mayer Brown

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

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In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more

BCLP

Disputes in Focus: Quick Q&A on International Disputes - Important Points to Note

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According to data released by the Ministry of Justice 63% of cases listed in 2022 and 69% of cases listed in Q1/Q2 2023 in the Commercial Court involved at least one non-UK registered party. Despite the increasing frequency...more

BCLP

Disputes in Focus: Quick Q&A on group claims

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There are various ways in the English High Court to bring a claim, including as a group or representative action. Historically they have been underused but that is changing. Businesses are becoming increasingly interested in...more

King & Spalding

Employment Settlement Agreements – how to avoid the common pitfalls

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Settlement agreements are a pragmatic and effective tool in resolving workplace disputes. The employee benefits from financial support and a dignified exit, and the employer achieves a clean break. However, when used...more

Jones Day

Conflict in Ukraine: Liability for Non-Performance Under English Law

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The ongoing conflict in Ukraine, and the severe sanctions imposed by governments globally in response to Russia's aggression, are having extreme effects on parties' legal obligations, and are drastically altering the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Level Playing Field Obligations: Insurance Policy or Tinderbox for Future Trade Disputes?

Takeaways - - The TCA requires parties to maintain standards in nontrade-related policy areas, particularly social, labour and environmental. - The provisions potentially may disrupt EU-UK trade disputes. - It...more

Holland & Knight LLP

Brexit: Implications for Dispute Resolution

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Brexit has now well and truly arrived and brings with it changes to a number of important areas concerning cross-border litigation between the United Kingdom (UK) and the European Union (EU). Below is a brief summary of some...more

Hogan Lovells

New LCIA Arbitration Rules 2020 may affect your mining and commodities contracts

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December 2020 Arbitration is prevalent as a means of resolving disputes in the mining and commodities sectors, and contracts often provide for arbitration to be conducted under the rules of leading arbitral institutions such...more

WilmerHale

Chambers Global Practice Guide: Litigation - 2019

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International commerce is undergoing a period of rapid, sometimes tumultuous, change. Globalisation has created new markets, new technologies, new competition and, with them, increased demand for effective mechanisms to...more

Hogan Lovells

Alternative Dispute Resolution in England and Wales

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A guide to mediation and the other main types of alternative dispute resolution (ADR) in England and Wales. ...more

Latham & Watkins LLP

The Precarious Nature of Trust Assets at Home and Abroad

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In Akers (and others) v. Samba Financial Group [2007] UKSC 6, the UK Supreme Court has confirmed the limited nature of British insolvency officer-holders’ ability to void dispositions of a company’s assets held on trust. The...more

Latham & Watkins LLP

London's Financial List: A choice of forum crossroads

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On 1 October 2015, a specialist banking and financial markets dispute resolution forum known as the Financial List came into operation. The Financial List is situated in the Rolls Building in London, and proceedings may be...more

Latham & Watkins LLP

Beware the “Non-Exclusive” Arbitration Clause

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“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

Latham & Watkins LLP

New UK Financial List for Resolution of Complex Financial Disputes

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The UK is to introduce a new means of resolving high value or complex financial disputes, to be known as the Financial List. This will be a specialist list for the following types of claims: - Financial claims of £50...more

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