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Publications

Will we soon see claims for compensation resulting from cyber-attacks in the maritime sector? 2017 saw a significant stepping up of global cyber-crime; and there appears to be a growing understanding that the shipping industry is particularly vulnerable to attack. Despite efforts to counter such... Read full »

Data security is a hot topic. Many lawyers have focused on the provisions of the EU General Data Protection Regulation (GDPR), which comes into force in May 2018. Much has been written about the GDPR and its potential consequences (and costs) for companies and individuals. The extensive duties... Read full »

On 6 March 2018, the Court of Justice of the European Union's (CJEU) judgment in Slovak Republic v Achmea (Case C-284/16) shook the world of investment arbitration to the core. The CJEU held that an arbitration clause in the Slovakia-Netherlands bilateral investment treaty (BIT) – and,... Read full »

Published in Opinio Juris, 27 March 2018. The Americas’ proud heritage of settling disputes through international law entered a new chapter this week, as arguments opened in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile), a claim by Bolivia to regain access to the... Read full »

The recent decision in JSC BTA Bank v Khrapunov [2018] UKSC 19 confirms the power and range of the worldwide freezing order (“WFO”). The WFO claimant need not stop at obtaining quasi-criminal sanctions against those who breach or assist in the breach of a WFO. The WFO claimant can also... Read full »

In this Bulletin, Lawrence Akka QC and Henry Byam-Cook discuss Bitcoin as a currency or medium of exchange in trade. Recent headlines abound with stories about Bitcoin and other cryptocurrencies. These have been prompted to a large extent by their extreme volatility over the past 18 months. Further... Read full »

Malcolm Holmes QC has written this third 20 Essex Street Bulletin on the use of a fused process involving both arbitration and mediation to resolve an international commercial dispute that has been referred to arbitration. This note considers the possibility of a fused... Read full »

Monica Feria-Tinta and Simon Milnes have co-authoured an article for The Guardian on 21 February 2018 relating to a recent landmark ruling related to international law and the the environment. On 7 February 2018, an international court in Costa Rica – the Inter-American court of human rights... Read full »

This article, authored by Monica Feria-Tinta and Simon Milnes, was published in EJIL: Talk! on 26 February 2018. The article examines the just-released Advisory Opinion of the Inter-American Court on Environment and Human Rights. Read the full article on the EJIL website. Read full »

'The Strengthening Of Jurisdiction Agreements Following Brussels Reg (Recast) And The Impact of Brexit’ [2017] 8 JIBFL 476. This article considers the practicalities of commencing proceedings with a jurisdiction agreement under the EU Regulation 1215/2012 (the Brussels Regulation (... Read full »