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
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
Authorised push payment (“APP”) fraud allegations involve a third-party bad actor fraudulently inducing a bank customer to give authorised instructions to their bank to make a payment to the third-party (or someone connected...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
UK Supreme Court gives important judgment on directors’ “creditor duty” The UK Supreme Court in BTI 2014 LLC v Sequana SA and ors [2022] UKSC 25 has given an important judgment clarifying the nature of the so-called “creditor...more
10/7/2022
/ Board of Directors ,
Commercial Bankruptcy ,
Creditors ,
Debt Financing ,
Debt Restructuring ,
Dischargeable Debts ,
Insolvency ,
Shareholders ,
UK ,
UK Insolvency Act ,
UK Supreme Court
The U.K. Supreme Court recently handed down its long-awaited judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait). The judgment confirmed and applied the principles concerning the governing law of arbitration...more
The Supreme Court has given judgment in the case of Enka Insaat ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, giving important guidance on the determination of the proper law of an arbitration agreement and...more