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Arbitration European Union Commercial Litigation

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
White & Case LLP

CJEU rules on Asymmetric Jurisdiction Clauses without closing uncertainty

White & Case LLP on

On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision (C-537/23) addressing the validity of asymmetric jurisdiction clauses under Article 25 of the Brussels Recast Regulation. While...more

A&O Shearman

Where there's no waiver, there's no way

A&O Shearman on

The English High Court has provided further guidance on the interpretation of “no waiver” clauses in a recent decision. The backdrop to this decision was a sanctions related dispute about the termination of a currency swap...more

A&O Shearman

Ships in the night? Loss of bargain damages and repudiatory breach

A&O Shearman on

Questions about damages always seem to be far more difficult to answer than they ought to be. Here the court, overturning an arbitration tribunal on a point of law, found that a contractual right to terminate an agreement to...more

Conyers

Cayman Islands Litigation: The Rise of Alternative Dispute Resolution

Conyers on

On 29 November 2023, the English Court of Appeal delivered an important judgment in Churchill v Merthyr Tydfil County Borough Council et al [2023] EWCA Civ 1416 (“Churchill”) which aligns with a wider trend in embracing a...more

Morrison & Foerster LLP

UK Litigation - A Year in Summary

Morrison & Foerster LLP on

This year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic. As 2021 draws to a close, we round up the key events and developments from the year in...more

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