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Insolvency vs Arbitration – Privy Council’s revival of the “Established Approach”

How does an arbitration clause, or an exclusive jurisdiction clause in favour of foreign courts, affect insolvency proceedings? The effect of an arbitration clause, or an exclusive jurisdiction clause in favour of foreign...more

Hong Kong Court Applies Enka v Chubb in Determining the Governing Law of Dispute Resolution Clause

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

Reform of the English Arbitration Act 1996

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

U.K. Court Gives the Green Light to Mass Environmental Claim

In a significant development for environmental litigation in the U.K., the English Court of Appeal has allowed a £5 billion damages claim brought by around 200,000 Brazilian individuals and other persons to proceed against...more

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