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Corporate Governance › Dispute Resolution › International Arbitration

WilmerHale

The End of the Shareholder Rule: Aabar, Jardine, and the Future of Corporate Privilege

WilmerHale on

Two recent judicial decisions have brought long-standing assumptions about the so-called “Shareholder Rule” under critical scrutiny. In Aabar Holdings S.à.r.l. v Glencore plc & ors, the English High Court held that companies...more

Conyers

A Specialist Court for a Global Hub: Celebrating 15 Years of BVI Commercial Court

Conyers on

Feb 2025 Following the success of the 1984 international Business Companies Act, the BVI’s financial services industry continued a trajectory of rapid development. As part and parcel of that development, commercial disputes...more

K&L Gates LLP

Abu Dhabi Court of Cassation Reiterates the Exceptional Nature of Arbitration Agreements

K&L Gates LLP on

Introduction - A recent judgment from the Abu Dhabi Court of Cassation (Court of Cassation) in Case No. 902 of 2024 (issued on 23 December 2024) reiterates the importance of ensuring that a signatory to a contract containing...more

McDermott Will & Schulte

Navigating the UTPR and ISDS: Implications in the EU

McDermott Will & Schulte on

The global tax landscape is experiencing a profound transformation as the OECD/G20’s Pillar Two rules are adopted. Among these, the Undertaxed Profits Rule (UTPR) has emerged as a pivotal mechanism designed to ensure that...more

Conyers

Too Radical For A Change? A Summary of Garofalo V Crisp And Ors

Conyers on

In Garofalo v Crisp and Ors [2024] EWHC 1737 (Ch), the English Court found that a higher evidential threshold should be applied when deciding whether or not to grant an exceptional interim relief for a change of management...more

Conyers

Tracing Wealth in the BVI in Aid of Arbitration: Unravelling the Breach of Fiduciary Duties

Conyers on

The gravity of any arbitration award lies in its successful enforcement. The enforcement process may be frustrated and produce little result if the winning party does not identify at the outset the assets against which the...more

Conyers

What’s “the matter”? The UK Supreme Court’s decision on the scope of arbitration clauses

Conyers on

The UK Supreme Court in a recent decision has clarified the approach to be taken in determining when a matter ought to be referred to arbitration under an arbitration clause, and when such a matter falls outside of an...more

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