INTRODUCTION -
In its recent judgment in Dexia SA v Comune di Torino [2025] EWHC 1903 (Comm), the English High Court provided welcome clarity on the construction of the English jurisdiction clause in an English law 1992...more
THE SUPREME COURT HAS REJECTED TWO OF THE THREE CLAIMS IT WAS ASKED TO DECIDE, AND UPHELD THE OTHER BASED ON ITS SPECIFIC FACTS -
OVERVIEW -
In a landmark decision which will be closely scrutinised by the finance...more
8/1/2025
/ Appeals ,
Automotive Loans ,
Bribery ,
Car Dealerships ,
Commercial Litigation ,
Disclosure Requirements ,
Financial Conduct Authority (FCA) ,
Lenders ,
Redress Payments ,
UK ,
UK Supreme Court
On 1 August 2025, the Arbitration Act 2025 ("2025 Act") will come fully into force1. The 2025 Act revamps the arbitration framework for England, Wales and Northern Ireland (through amendments to the Arbitration Act 1996)....more
On 1 July 2025, the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019) entered into force in the United Kingdom. Hague 2019 is a multilateral...more
In a decision issued on 2 April 2025, the French Cour de Cassation considered the validity of a jurisdiction clause under Article 25(1) of the Brussels Recast1. The French court rejected an attempt to invoke French national...more
On 27 February 2025, the EU's Court of Justice delivered its ruling on a case referred to it by the French Cour de Cassation concerning whether or not asymmetric jurisdiction clauses are valid as a matter of EU law;...more
The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series...more
The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a...more
2/5/2025
/ Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Commercial Litigation ,
Contract Terms ,
Dispute Resolution ,
Insurance Industry ,
Insurance Litigation ,
Jurisdiction ,
Reinsurance ,
Reinsurance Agreements ,
UK
Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between...more
Last week the Supreme Court granted permission to appeal the Court of Appeal's decision in a case examining the permissibility of motor finance commission payments, which challenged traditional legal thinking relating to...more
The UK’s Arbitration Bill (“Bill”), which was re-introduced by the Labour government in July 2024, was presented to the House of Commons (“HC”) on 6 November 2024, having completed its passage through the House of Lords the...more
Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the...more
Emerging markets offer a wealth of opportunity across a wide range of sectors. Yet there can be a catch, even for sophisticated parties, especially financial institutions: a greater number of risk indicators, or 'red flags',...more
AT A GLANCE -
State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties.
The nature of a state's role on any transaction may vary and its...more
7/11/2024
/ Arbitration ,
Banks ,
Capital Markets ,
Commercial Litigation ,
Creditors ,
Financial Institutions ,
Financial Services Industry ,
Financial Transactions ,
Jurisdiction ,
Sovereign Immunity ,
UK
The delivery of an effective notice under an English law 1992 or 2002 ISDA Master Agreement is a necessary precursor for the operation of certain key provisions in those contracts, including the designation of an Early...more
Overview -
On 22 May 2024, UK Prime Minister Rishi Sunak announced that he had requested permission from King Charles III to dissolve parliament and call a general election. The election will take place on 4 July 2024....more
6/20/2024
/ Competition ,
Corporate Taxes ,
Employee Rights ,
Energy Policy ,
Financial Regulatory Reform ,
Financial Services Industry ,
General Elections ,
Housing Market ,
Immigration Reform ,
Infrastructure ,
Labor Reform ,
Real Estate Development ,
Regulatory Agenda ,
Tax Reform ,
UK ,
Urban Planning & Development
In February 2024, the Court of Appeal of England & Wales upheld a September 2023 decision of the Commercial Court in The Republic of Mozambique v Credit Suisse International And Others (No.10), finding that: (1) the President...more
In December 2023, the England & Wales Court of Appeal unanimously overturned the high-profile ruling handed down by the Commercial Court in October 2022 in the case of Banca Intesa Sanpaolo and Dexia v Comune di Venezia. In...more